Provision of virtualization software for the needs of the Registry Agency (RA)

The subject matter of the contract includes providing virtualization software for the needs of the Registry Agency (AB). The scope of the contract includes providing virtualization software for 512 cores.

The performance requirements are detailed in the Technical Specification of the Contracting Party - Annex 1 part of the procurement documents. *** The period for granting licences is up to 15 (fifteen) working days from the date of receipt by the Contracting Party of a notification of secured funding sent by the Contracting Party and submission by the Contracting Party of the designated performance guarantee under the terms of the contract.

The period of validity of licences and software support provided under point II of the Contracting Party's Technical Specification - Annex 1 is 36 (30-six) months from the date of activation. *** In case it is not a manufacturer, the participant should be authorised by the software manufacturer or by an official representative with distribution/delivery rights of the software products offered in the territory of the Republic of Bulgaria.

The participant shall demonstrate compliance with the requirement laid down by applying an e-mail or other equivalent document issued by the manufacturer or by an official representative of the manufacturer in Bulgarian or accompanied by a translation into Bulgarian in his technical proposal.

Note: In the case of presentation by the participant of an e-mail from an official representative of the manufacturer (or equivalent document), a copy of the letter of approval issued by the manufacturer (or equivalent document in Bulgarian or accompanied by a translation in Bulgarian) authorising the official representative of the manufacturer to grant authorisation to third parties. *** The requirement for authorisation at the stage of submission of tenders shall be justified by the subject-matter of the contract and shall constitute a guarantee of its timely and qualitative implementation.

In the event that a contractor who is refused authorisation by the manufacturer is selected, this may result in a delay in the performance of the contract and its termination. According to the conclusions of the Supreme Administrative Court, authorisation is not in itself restrictive insofar as it guarantees the quality and reliability of the activity carried out.

In normal commercial practice, authorisation shall take place on the basis of a contract which may be directly with the manufacturer or with another economic entity authorised to authorise on behalf of the manufacturer. In the documentation, the authorisation condition is extended, i.e. not limited to the equipment manufacturer but also to any official representative.

General authorisation is required, not for a specific procedure and an opportunity is provided for each interested participant - partner, whether Bulgarian or foreign, to submit a tender, and an opportunity to prove the above fact is provided, both by letter of approval and by any other equivalent document certifying compliance with the requirement.