Procurement of DMS support services

M.1.

In accordance with Section 21 (3) a) of Government Decree No. 321/2015 (X. 30.) (hereinafter: KR.), the tenderer shall present its performances corresponding to the subject of the procurement (support services for a records management and/or document management system) during the preceding 36 months calculated back from the date of dispatch of the contract notice, specifying the time of performance (start and completion dates to the precision of year, month, day), the name, address and contact details (telephone or e-mail) of the contact person of the other contracting party, the subject and quantity of the delivery, as well as a declaration as to whether the performance was carried out in accordance with the regulations and the contract.

If the performance was not carried out in accordance with the contract, the reason for and extent of the discrepancy must be described in the certificate or declaration, 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 persists.

If suitability is verified by a declaration of the tenderer or another entity participating in the verification of suitability, the declaration shall also state whether the other contracting party disputes the contractual nature of the performance or—if the economic operator has made a declaration to that effect—the circumstance that the economic operator's liability for breach of contract does not exist.

If the entity wishing to verify suitability performed the contract as a member of a consortium (joint tenderer), the reference certificate must state the proportion (percentage) in which it participated in the performance. The reference certificates or declarations concerning the performances pursuant to Section 22 of the KR. must be attached. When examining previous performances, the Contracting Authority shall take into account performances pursuant to Section 21 (3a) a) of the KR.

As proof of performance, pursuant to Section 21/A of the KR., the Contracting Authority shall also accept proof that the reference was performed as partial performance of a contract. The tenderer may also satisfy the prescribed suitability requirements by relying on the capacities of any other entity (person) in accordance with Section 65 (7) of the Public Procurement Act (Kbt.).

Where an entity providing capacity is involved, this entity and the specific suitability requirement for the verification of which the tenderer relies or also relies on the resources of this entity must be indicated in the tender.

The entity placing its capacities at disposal is obliged to verify compliance with the given suitability criterion in the same manner as prescribed, and must also declare that the resources necessary for the performance of the contract will be available throughout the duration of contract performance.

Pursuant to Section 65 (7) of the Kbt., the commitment document to be submitted by an entity other than the tenderer whose capacities are relied upon to verify suitability must contain—and pursuant to Section 65 (8) of the Kbt., must be submitted in the tender on behalf of the entity—an authorization granted to the tenderer allowing it to act on behalf of the given entity when making electronic declarations in the Electronic Procurement System (EKR).

If the tenderer, subcontractor, or economic operator participating in the verification of suitability wishes to verify a fact or data pursuant to Section 69 (11) of the Kbt. instead of any prescribed certificate, it must state in a declaration which fact or data it wishes to verify pursuant to Section 69 (11) of the Kbt., and provide the electronic access link to the free, electronic, official register containing this fact or data available in the language of the public procurement procedure.

At the time of submitting the tender—within the framework of preliminary verification—the tenderer must verify compliance with the suitability requiremen…