Provision of active network equipment - network switches with accessories

Economic operators submitting tenders must prove a form of registration under the law of the resident country, showing 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 capacity to carry out the activities covered by the contract, namely the authorised COD CAEN (principal or secondary), similar to the subject of the contract. In the case of an association, the subject matter of each member shall be consistent with the part of the contract he will perform. The requirement also applies to subcontractors, which will supplement information related to their situation at the level of a separate DUAE. Method of implementation and applicability of the procedure: To this end, the DUAE shall be completed by each tenderer, associate tenderer and subcontractor, with YES or NO in DUAE "a: the global indication for all selection criteria" - as provided for in Article 193 (6) of Law 98 / 2016 on public procurement, with subsequent amendments and additions, and the supporting documents shall be submitted, at the request of the contracting authority, only by the highest bidder after application of the award criterion for tenders declared admissible. Updated / up-to-date DUAE supporting documents: - The finding certificate issued by the competent territorial ONRC for the premises of each tenderer, or the edifying document valid at the time of submission. - For foreign legal persons: edifying documents proving a form of registration as legal person or certificate or professional membership, in accordance with the legal provisions of the country where the tenderer is resident.

Economic operators submitting tenders shall submit a list of the main deliveries of products similar to that covered by this procurement over the last 3 years (calculated as the deadline for submission of tenders in SEAP - provided for in the contract notice) whose aggregate value was at least 1,100,000 lei without VAT, at the level of maximum 3 contracts, with an indication of the amounts, data and public or private beneficiaries. Where the contracting authority is required, for whatever reasons, to delay the deadline set for submission of tenders, the lower limit of the 3-year period shall be extended by the time period corresponding to the gap and the requirement for all operators who have submitted proof that the similar experience contract has been concluded within the new time period. For conversion from another currency to the currency in which the minimum requirement is expressed, the Contracting Authority will use the annual average exchange rate published by the NBR for that financial year for conversion. Deliveries of goods similar to or above the contract to be awarded shall mean the supply of active network equipment. In the case of an association, the requirement for similar experience may be met by cumulating the values of deliveries submitted by the members of the association. In order to fulfil the requirement, the tenderer may benefit from the support of a third party under Articles 182 to 184 of Law No 98 / 2016, as amended and supplemented. In this case, the supporting third party will complement a distinct DUAE and the firm commitment to support, together with the documents attached to the undertaking resulting in the actual way of making resources available, shall be presented with the tender and the DUAE. The supporting third party must not be found in the exclusion situations provided for in Articles 59 to 60, 164, 165 and 167 of Law No 98 / 2016, as amended and supplemented. Methods of compliance: The tenderers, the associated bidders and, where appropriate, the supporting third parties will complete with YES or NO in DUAE "a: the global indication for all selection criteria" - as provided for in Article 193 para. (6) of Law 98 / 2016 on public procurement, with subsequent amendments and additions. The supporting documents proving the fulfilment of the requirement shall be submitted, at the request of the Contracting Authority, only by the tenderer ranked first after the application of the award criterion for tenders declared admissible. DUAE supporting documents: - certificates / findings / recommendations issued or countersigned by a beneficiary private authority / client showing the object, amount, period and confirming receipt of similar products within the 3-year period.

In accordance with the provisions of art. 55 para. (1) of Law No. 98 / 2016 with subsequent amendments and additions AC requires the tenderer to specify in the tender or in the request for participation: a) the part / parts of the contract he intends to subcontract, as well as the percentage or value of the activities indicated in the tender as being carried out by the subcontractors; and b) the identification data of the proposed subcontractors, if the latter are known at the time of submission of the tender or the request for participation. Subcontracting agreement will be presented. The subcontractor / subcontractors shall not be in the situation which determines the exclusion from the award procedure as provided for in Articles 60, 164, 165, 167 of Law no. 98 / 2016. According to ANAP Notification No 256 / 08.12.2016, with the submission of the DUAE, tenderers will submit, for each subcontractor and the subcontracting agreement / agreements. For foreign legal persons the documents will be presented in the language of origin and in authorised translation. Method of delivery: If the tenderer subcontracts part of the contract, the tenderer has the obligation to complete the D.U.A.E.- section "Selection criteria" - point A "Global indication for all selection criteria." Each subcontractor will also fill out a separate D.U.A.E. form containing the information required in the "Reasons for Exclusion" sections; "Selection criteria" - point A "Global indication for all selection criteria" (only when its resources are used to meet the technical capacity criterion). If the bidder subcontracts part of the contract, he will also submit the subcontracting agreement. We note that tenderers can only subcontract the provision of services related to the supply of the products offered. Moreover, the tenderer ranked first after the award criterion has been applied, on the admissible tenders prior to the award of the contract, at the request of the AC, shall submit, where appropriate, relevant documents relating to the technical capacity of the proposed subcontractors with regard to the part (s) of the contract they are actually to perform. AC has the obligation to require, prior to the award of the contract, at its conclusion, the presentation of the contract / contracts concluded between the contractor and the subcontractor / subcontractors nominated / nominated in the offer, so that its / their activities, as well as the amounts related to the benefits / executions, are included in the public procurement contract. The contractor's response to the performance of the contract is not diminished if part / parts of the contract are performed by subcontractors. Contracts concluded between the contractor and subcontractors will become annexes to the contract concluded between AC and this one. The provisions of art. 218 para. (4) and (5) of Law no.98 / 2016 will be complied with, with subsequent amendments and completions.