Procurement of Laptops, for the implementation of the project "Romanian Excellence in Quantum Technologies enhancing Cybersecurity", project code PN-IV-P6-6.1-CoEx-2024-0214, funding contract no. 7CoEx/2026

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

(DUAE) How to demonstrate compliance with the requirement: the DUAE shall be completed in accordance with the provisions of Article 193 (1) of Law 98 / 2016 by economic operators participating in the procedure with information related to their situation.

The supporting document shall consist of: - The certificate of establishment issued by the Trade Register in addition to the territorial tribunals in accordance with the Law 26 / 1990 on the Register of Commerce updated or equivalent for foreign legal persons from which real / current information is generated at the time of presentation related to:

• the object of the tenderer's activity. The subject matter of the contract must be corresponding in the main or secondary CAEN codes of the finding certificate issued by the ONRC. or - in the case of foreign legal tenderers, equivalent documents issued in the country of residence.The documents proving the fulfilment of those assumed in the DUAE are to be submitted at the request of the contracting authority, only by the highest bidder in the intermediate ranking drawn up on completion of the evaluation of tenders. Foreign legal entities will present certificates / edifying documents accompanied by certified translation in Romanian.

1. The contracting authority shall require the tenderer / candidate to specify in the tender the part (s) of the contract to be subcontracted and the identification data of the proposed subcontractors. In view of the legal provisions of Article 3 (y) of Law No 98 / 2016, only parts or elements of works / services may be subcontracted. Smoking of materials / goods under a public contract is not considered to be subcontracting within the meaning of the law.
2. The contracting authority shall verify the absence of an exclusion situation provided for in Articles 164, 165 and 167 in connection with the proposed subcontractors.;
3. If an exclusion situation is identified, with the proper application of the provisions of art. 171 of Law no.98 / 2016, the contracting authority will ask the tenderer / candidate once to replace a subcontractor in connection with which it has resulted, after verification, that he is in this situation.
4. The contracting authority shall not establish participation requirements for the subcontractors proposed by the tenderer / candidate in the tender or the request for participation, but shall take into account the technical and professional capacity of the subcontractors proposed for their part of the contract to be fulfilled if the documents submitted are relevant in this respect.
5. If the economic operator intends to subcontract part / parts of the contract, the DUAE shall also include the requested information regarding subcontractors.
6. Given the provisions of art. 218 of Law 98 / 2016, subcontractors will express on the date of submission of the tender / the moment of their introduction into the public procurement contract the option of being paid directly or not by the contracting authority.This will include in the offer submitted the names of the subcontractors and their contact details, the part (s) of the contract to be fulfilled by them, the value at which the respective party (s) are raised, as well as the agreement of the subcontractors on these matters (Art. 150 para. 1 and 2 of the HG no. 395 / 2016), following that the supporting documents proving the fulfilment of those assumed by the DUAE shall be submitted, at the request of the contracting authority, only by the tenderer ranked 1st place following the application of the award criterion.
7. The contractor shall have the obligation at the conclusion of the public procurement contract or when new subcontractors are introduced to present contracts concluded between the contractor and the subcontractor / subcontractors nominated in the tender or subsequently declared, so that their activities, as well as the amounts related to the benefits, are included in the public procurement contract.Contracts must be consistent with the tender and will be set out in annexes to the public procurement contract. Subcontracting does not diminish the contractor's liability as to how the future public procurement contract will be fulfilled.
8. The contractor shall have the obligation to notify the contracting authority of any changes to the subcontractors during the period of the public procurement contract.
9. The contractor shall have the right to involve new subcontractors, during the performance of the public procurement contract, provided that their nomination does not represent a substantial modification of the public procurement contract, under the terms of Article 221 of Law 98 / 2016.In the event of modifications of subcontractors, the contractor shall transmit to the contracting authority information on the names, contact details and legal representatives of the new subcontractors and shall obtain the agreement of the contracting authority regarding new subcontractors involved in the performance of the contract.

When the replacement or introduction of new subcontractors takes place after the award of the contract, they shall transmit the certificates and other documents necessary to verify the absence of exclusion situations and the resources…