Procurement of audiovisual and ICT equipment

M/1. Suitability requirement M/1. The tenderer is unsuitable to perform the contract if it does not have references completed in accordance with the regulations within the 3 years (36 months) calculated backwards from the date of dispatch of the contract notice, during which in Lot 1 a total of at least 20 units of sound and/or video recording and/or playback equipment and/or IT devices and/or computers and/or computer-related devices and/or computer accessories and/or ICT devices were delivered.

The conditions required to verify compliance with the suitability requirements must be fully ascertainable from the reference declaration or reference certificate. The suitability requirement may be verified by a maximum of 3 references per lot. The same reference may also be presented for multiple lots. By ICT device, the Contracting Authority means the definition pursuant to Government Decree 235/2024 (VIII. 8.) on environmental requirements to be applied in public procurements.

Mode of proof: Pursuant to Section 67(1)–(2) of the Public Procurement Act (Kbt.) and Section 1(1) of Government Decree 321/2015 (X. 30.), the tenderer—or, where applicable, the entity/person placing its capacities at disposal—must preliminarily prove that it meets the suitability requirements by submitting the ESPD.

Pursuant to Section 2(5) of Government Decree 321/2015 (X. 30.), the Contracting Authority accepts the simple declaration of the economic operator concerned, i.e., Section 'α: (alpha)' of Part IV of the ESPD must be filled in, and not the other sections. A separate form is required for each joint tenderer; on behalf of the joint tenderers, the declaration is made by the economic operator submitting the tender.

Pursuant to Section 69(4)–(7) of the Public Procurement Act, the certificates/declarations to be submitted for the suitability requirements: M/1.

To verify the suitability requirement set out in point M/1, pursuant to point a) of Section 21(1) of Government Decree 321/2015 (X. 30.) and Section 69(4)–(6) of the Public Procurement Act, upon invitation by the Contracting Authority, the tenderer must submit its most significant deliveries completed within the 36 months calculated backwards from the dispatch of the contract notice, but commenced within a maximum of 72 months, performed in accordance with the regulations applicable to performance and with the contract, verified pursuant to Section 22 of Government Decree 321/2015 (X. 30.), indicating in the certificate: − the time of performance (start and completion dates: year/month/day), − the subject and quantity of the reference (a brief description of the subject, content, and quantity of the delivery, in such a manner that compliance with the minimum suitability requirements can be determined), − the name of the other contracting party, − the name and contact details of the person certifying the reference, − a declaration on whether the performance complied with the regulations and the contract.

The Contracting Authority shall proceed in accordance with the following statutory provisions: Pursuant to Section 21/A of Government Decree 321/2015 (X. 30.), 'the contracting authority is obliged to accept as proof of performance the verification that the result or activity specified in the reference requirement was realized as partial performance of the contract.

The contracting authority is also obliged to accept proof of realized performances in cases where, although a breach of contract occurred, the economic operator's liability for breach of contract—not disputed by the other contracting party—does not exist.' Pursuant to Section 22(2) of Government Decree 321/2015 (X. 30.), 'If performance was not carried out in accordance with the contract, the certificate or declaration must state the reason for and extent of the deviation, and, in the event of a breach of contract by the economic operator, the fact of whether the economic operator's liability for breach of contract exists. If suitabil…

M/1. Selection criterion M/1.

The tenderer shall be deemed unfit to perform the contract if it does not have a reference completed in compliance with the relevant regulations within the 3 years (36 months) calculated retrospectively from the date of dispatch of the contract notice, during which in Lot 2 a total of at least 100 units of sound and/or video recording and/or playback equipment and/or IT equipment and/or computers and/or computer-related equipment and/or computer accessories and/or ICT equipment were delivered.

It must be possible to establish fully from the reference declaration or certificate the conditions necessary to verify the selection criteria. The selection criterion may be verified by a maximum of 3 references per lot. The same reference may also be presented with regard to multiple lots. By ICT equipment, the Contracting Authority understands the concept according to Government Decree No. 235/2024 (VIII. 8.) on environmental requirements applicable in public procurements.

Method of proof: Pursuant to Section 67(1)–(2) of the Public Procurement Act (Kbt.) and Section 1(1) of Government Decree No. 321/2015 (X. 30.), the tenderer – or, where applicable, the entity/person providing capacities – must preliminarily prove compliance with the selection criteria by submitting the ESPD.

Pursuant to Section 2(5) of Government Decree No. 321/2015 (X. 30.), the Contracting Authority accepts a simple declaration from the economic operator concerned, i.e., only Part IV, Section “α: (alpha)” of the ESPD must be filled in, the other sections do not. A separate form is required for each member of a joint tender; the declaration is made on behalf of the joint tenderers by the economic operator submitting the tender.

Evidence to be submitted for the selection criteria pursuant to Section 69(4)–(7) of the Kbt.: M/1.

To verify the selection criterion prescribed in point M/1, pursuant to Section 21(1)(a) of Government Decree No. 321/2015 (X. 30.) and Section 69(4)–(6) of the Kbt., the tenderer shall submit, upon request of the Contracting Authority, its most significant deliveries completed within the 36 months calculated retrospectively from the dispatch of the contract notice, but commenced within a maximum of 72 months, performed in accordance with the specifications concerning performance and the contract, verified pursuant to Section 22 of Government Decree No. 321/2015 (X. 30.), indicating in the certificate: − the time of performance (start and completion dates: year/month/day), − the subject and quantity of the reference (a brief description of the subject, content, and quantity of the delivery in such a way that compliance with the minimum suitability criteria can be established), − the designation of the other contracting party, − the name and contact details of the person certifying the reference, − a declaration on the conformity of the performance with the specifications and the contract.

The Contracting Authority acts in accordance with the following legal provisions: Pursuant to Section 21/A of Government Decree No. 321/2015 (X. 30.), “the contracting authority shall be obliged to accept as proof of performance proof showing that the result or activity set out in the reference requirement was achieved as partial performance of the contract.

The contracting authority shall also be obliged to accept proof of completed performances where, although a breach of contract occurred, the economic operator's liability for the breach of contract does not exist – uncontested by the other contracting party.” Pursuant to Section 22(2) of Government Decree No. 321/2015 (X. 30.), “If performance did not take place in accordance with the contract, the certificate or declaration must state the reason for and extent of the discrepancy and, in the event of a breach of contract by the economic operator, the fact of whether the economic operator's liability for the breach of contract exists. If suitability is verified by a declarati…