Monitoring, detection, and protection solution for incoming/outgoing data traffic from the Transelectrica communications network

Requirement 1 Economic operators submitting the tender must prove a form of registration under the law of the country of residence, showing that the economic operator is legally constituted, that he is not in any of the situations of cancellation of the constitution, and that he has the professional ability to perform the activities covered by the sectoral acquisition contract.

The requirement shall also apply to subcontractors and / or third-party supporters who supplement information related to their situation at the level of a distinct DUAE. Method of implementation: The DUAE will be completed in accordance with Articles 202 to 204 of Law 99 / 2016. At DUAE level, the economic operator declares that it meets all selection criteria.

The supporting document proving the fulfilment of those assumed by the completion of the DUAE, i.e. the finding certificate issued by the ONRC or, in the case of foreign legal / natural tenderers, the equivalent documents issued in the country of residence, translated into Romanian, are to be submitted, at the request of the contracting entity, only by the highest bidder in the ranking drawn up following the application of the award criterion.

The obligation to authorise business is derived from the legal provisions on the authorisation of the operation of the economic operator, namely the Trade Register Act 265 / 2022 and for amending and supplementing other normative acts affecting the registration in the Trade Register, and the authorised activities are derived from the entries for the finding certificate issued by the ONRC.

In the case of foreign bidders as defined in Article 3 (ii) of Law No 99 / 2016, compliance with the requirement will be ensured by submitting equivalent documents issued in the country of residence. Where parts of the contract will be executed by subcontractors, proof of registration and correspondence of the principal / secondary activities within the contract with the subject-matter of the procurement will also be submitted by subcontractors for the part of the contract they will perform.

The information shall be real / current on the date of submission of the documents related to: Subject matter of the tenderer. The subject matter of the contract must have a corresponding in the CAEN code of the finding certificate issued by the ONRC. In the case of the joint offer, the condition will be met individually by each member of the association for the part of the contract they make.

In the case of foreign legal / natural persons, documents proving a form of registration / attestation or professional membership shall be required, in accordance with the law of the country of residence of the economic operator. The information in the finding certificate / equivalent documents issued in the country of residence for foreign operators shall be real / valid at the date of its submission.

To demonstrate similar experience, the tenderer must prove that it has performed the following types of activities:

1. supply of licenses, as well as the implementation of an inbound/outbound data traffic monitoring, detection, and protection solution or centralized security equipment management platforms or security event logging platforms;
2. provision of support services (such as: administration, configuration, maintenance, etc.) for an inbound/outbound data traffic monitoring, detection, and protection solution or for centralized security equipment management platforms or for security event logging platforms. The experience requested under points

1. and
2. may be found either in full (all activities within a single contract) or separately across multiple contracts with a cumulative value of at least RON 15,000,000 excluding VAT. Similar experience can be proven:
   1. either by presenting one contract that includes both activities with a minimum value of RON 15,000,000 excluding VAT,
   2. or by presenting multiple contracts (with a cumulative value of at least RON 15,000,000 excluding VAT) that together account for the two requested activities. A single contract including both activities is not mandatory, but is accepted.The minimum cumulative value must refer strictly to the activities within the scope of similar experience, without taking into account deliveries of other types of equipment or the execution of other types of services related to other activities in those contracts.If the requested activity represents a sub-activity within a contract (without a unit price quotation in that contract), the value of the activity of which it is part and which is quoted in the contract will be taken into account. Contracts must have been executed within the last 3 years (calculated up to the deadline for tender submission), evidenced by submitting recommendations/certificates/documents/good performance certifications.The method of calculating the 3-year period will not be affected by any postponements of the tender submission deadline specified in the contract notice initially published; thus, if the tender submission deadline is postponed, the period for similar experience will not be extended accordingly (by the postponed days).If their value is expressed in another currency, the average annual exchange rate RON/other currency published by the NBR will be applied for the calculation of equivalence.The documents must clearly show the contract value attributable to the tenderer in the case of presenting contracts executed in association (as a partner or subcontractor) and the categories of activities provided under the submitted contract(s) (supply, provision of services).The tenderer ranked first in the ranking drawn up following the application of the award criterion will present copies of contracts accompanied by recommendations / certificates / documents / good performance certifications / acceptance minutes, etc., showing:

   1. the type of products delivered / services rendered and their value;
   2. that the cumulative value of the delivered products / rendered services is at least RON 15,000,000 excluding VAT;
   3. that the delivered products / rendered services were accepted within the aforementioned 3-year period;
   4. the beneficiary of the delivered products / rendered services. In the case of contracts executed together with other economic operators (consortium, subcontractor), the submitted documents must clearly show the contract value fulfilled by the tenderer.Tenderers may benefit from the support of a supporting third party, including when that party also acts as a subcontractor, and may use its capacities to demonstrate fulfillment of these requirements. Means of fulfillment: The ESPD shall be completed in accordance with Art. 202 - 204 of Law 99/2016. In the ESPD, the economic operator shall declare that it fulfills all selection criteria. The supporting documents proving the fulfillment of the commitments made by c…

The tenderer shall indicate for each subcontractor the part of the contract that he intends to subcontract (if applicable) - indicate the subcontracted activities as well as the subcontracted percentage; Subcontracting will take place under the terms of Chapter VI - Section I - Subcontracting under Law 99 / 2016 on Sector Procurement and subject to the terms of the contract.

Subcontractors whose capacity the tenderer / candidate is based on to demonstrate the fulfilment of certain qualification and selection criteria are also considered to be supporting third parties, in which case the subcontracting agreement is also a firm commitment.

Note: COMPLETE DUAE by economic operators participating in the procedure: DUAE is an instrument that facilitates the participation of economic operators in procedures for the award of sectoral procurement contracts and reduces administrative burdens for contracting entities and is established at European Union level by Regulation C.E. No 7 / 2016.

According to Law No 99 / 2016, with subsequent amendments and additions, it is mandatory to be used by both contracting entities and economic operators participating in the award procedures, depending on their quality in that award procedure - candidate, tenderer, third party supporter, subcontractor.

According to the ANAP Notice No 1 / 2021 on the possibility to supplement the DUAE provided by Commission Implementing Regulation (EU) 2016 / 7 of 5 January 2016 establishing the standard form for the European Single Procurement Document, which states that: "Taking into account the objective of the DUAE to reduce the administrative burden arising from the need to produce a significant number of certificates or other documents related to exclusion and selection criteria and the fact that, in the procurement process, any additional action, such as requests for clarification on the completion of this document by economic operators, shall be taken into account for the purpose of reducing the administrative effort and the costs of participation, and for the purpose of the conclusion of the selection, and for the purpose of the conclusion of the selection of the criteria, and for the conclusion of the selection of the selection, and for the selection of the selection of the selection of the selection of the selection of the selection, and for the selection of the selection of the selection of the selection of the selection of the selection of the selection of the selection of the selection of the selection of the selection of the selection of the selection of the selection of the selection.