Public procurement contract for IT equipment, printing and presentation Lot 1 – All-in-One PC Lot 2 – Notebooks Lot 3 – Multifunctionals Lot 4 - Printers Lot 5 - Tablet PC Lot 6 – Interactive presentation package

The DUAE will be supplemented by economic operators participating in the procurement / sectoral procedure with the information requested by the contracting authority / entity - information on the fulfilment of the requirements for the employability.

The supporting documents proving the fulfilment of those undertaken by the completion of the DUAE shall be submitted, at the request of the contracting authority, only by the tenderer ranked 1st in the intermediate ranking drawn up on completion of the evaluation of tenders. These documents may be: 1. Certificate of establishment issued by the Trade Register Office, signed with extended electronic signature. The information contained in the certificate shall be real / valid on the date of its submission.

The subject matter of the contract must have a corresponding in the CAEN code of the finding certificate issued by ONRC / ORC. The CAEN codes are accepted in both Rev. 2 and Rev. 3, taking into account the transitional period to the CAEN Rev. 3 classification.

In the case of economic operators participating jointly in the award procedure, each member of the association shall provide evidence that, for the part of the contract he performs, he has the corresponding in the CAEN code of the certificate of establishment issued by the ONRC / ORC. The requirement shall also apply to subcontractors (if applicable) for the part of the contract they are to undertake.

Foreign legal / natural persons: will present documents proving a form of registration / attestation or professional membership in accordance with the legal provisions of the country where the tenderer is resident.

At the time of submission of the tender, the participating economic operators (the individual tenderer, each of the members of a tendering association, subcontractors and supporting third parties) to the award procedure will complete Form 6 "Actual beneficiary declaration 'and Form 9" Statement on the occurrence of Article 5k of Council Regulation (EU) 2022 / 576 of 8 April 2022 amending Regulation (EU) No 833 / 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine'.

The supporting documents proving the fulfilment of those assumed are to be submitted, at the request of the contracting authority, by the tenderer (the individual tenderer, each of the members of a tendering association, subcontractors and supporting third parties) ranked first in the intermediate ranking, following the application of the award criterion in accordance with Article 196 (2) of Law No 98 / 2016.

As regards supporting documents, the individual tenderer, each of the members of a tendering association, subcontractors and supporting third parties, shall have / are required to make available to the contracting authority, at its request, documents containing information on the actual beneficiary of the funds within the meaning of Article 3 (6) of Directive (EU) of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648 / 2012 of the European Parliament and of the Council and repealing Directive 2005 / 60 / EC of the European Parliament and of the Council and Commission Directive 2006 / 70 / EC and Article 4 of Law No 129 / 2019.

The documents containing the information relating to the beneficial owner shall, as appropriate, be submitted without the enumeration being cumulative or limited:

• for tenderers whose shareholders / associates are natural persons or legal persons registered in the territory of Romania, the document issued by the National Office of the Trade Registry (N.R.C.), pursuant to the provisions of Article 56 of Law No 129 / 2019, which bears the name "PROVISION OF INFORMATION ON BENEFICIARII REALI 'shall be submitted;
• for the bid / tenderers declared to be successful (i) which has / have in the structure of the shareholder of foreign legal entities, the contracting authority shall collect a declaration on its own responsibility by the legal representative in accordance with the following provisions, in accordance with the Code of the following paragraphs of the Code:
• for foreign bidders registered outside Romania, they will submit supporting documents, certificates or other documents issued by the authority responsible for the data of the actual beneficiary in the country of the tenderer, accompanied by the translation into Roman, certified by authorised translators, under the conditions of the law;
• for tenderers of the type of associations and foundations, the contracting authority shall collect from them an extract from the Ministry of Justice (National NGO Registry) on the beneficial owners of the association / foundation;where the association / foundation is a foreign entity or has real beneficiaries of foreign persons, the contracting authority shall collect from the tenderers a self-declaration given by the legal representative / president, as provided for in Article 326 of the Criminal Code on False Declarations, which shall contain data on the beneficial owners of legal entities (at least the name, surname and date of birth), in accordance with Law 129 / 2019 for the prevention and fight against money laundering and terrorist financing, as well as regards to the amendment and completion of normative acts;

The economic operator (tenderer, associated tenderer / supporting third party / subcontractor, as applicable) will complete the Selection Criteria Section in ESPD A. GLOBAL INDICATION FOR ALL SELECTION CRITERIA. Economic operators submitting a tender in association / consortium will submit one ESPD for each of the members of the association / consortium.

Economic operators relying on the capacities of other entities (supporting third parties) will submit their own ESPD and a separate ESPD for each of the entities they rely on.

The following supporting documents evidencing the fulfillment of the requirement shall be submitted only by the tenderer ranked first in the interim ranking drawn up upon completion of the evaluation of tenders: balance sheets or balance sheet extracts, financial audit reports, or other documents issued by specialized bodies confirming the turnover level entered in the ESPD.

Association: If an Economic Operator (Tenderer) exercises its right to participate jointly with other Economic Operators in the award procedure, pursuant to Art. 54 of Law no. 98/2016, in order to demonstrate fulfillment of the minimum requirement, it must submit together with the Tender, by the deadline for submission of Tenders, the following: a. Association agreement according to Form no. 7 in the Forms Section; b. a separate ESPD (response) for each Economic Operator (individual Tenderer, Association members, Subcontractors, Supporting Third Parties) with which it participates jointly in the award procedure.

Supporting third party: If the Tenderer exercises its right to use the capacities of Supporting Third Parties to demonstrate fulfillment of the minimum requirement, it must submit, together with the Tender, by the deadline for submission of the Tender, the following:

1. Commitment of the Supporting Third Party (Form no. 8A) regarding the financial support of the Tenderer;
2. documents forwarded to the tenderer by the supporting third party/parties, evidencing the actual manner in which the supporting third party/parties will ensure fulfillment of their own commitment of support, which constitute annexes to the firm commitment.The submitted documents must specifically indicate the financial resources that the third party will mobilize if the tenderer encounters difficulties during the performance of the contract or finds itself unable to perform the contract, the type of these documents being determined by the obligations assumed by the tenderer and the supporting third party through the firm commitment.The supporting third party shall prove through the submitted documents that it possesses all the resources invoked as support for the tenderer. These documents shall be uploaded to SEAP together with the Firm Commitment and the tender, and shall be signed with an extended electronic signature, in accordance with the law.
3. financial statements or extracts from financial statements for the years 2023, 2024, and 2025 showing the fulfillment of the minimum required level of the requirement regarding the economic and financial standing.The documents mentioned under point c) shall be submitted by the tenderer ranked first after applying the award criterion, prior to contract award, upon request of the Contracting Authority, in compliance with the requirements regarding the electronic signing of documents.By reference to the provisions of Art. 183 para. (2) of Law no. 98/2016, the Contracting Authority shall reject the proposed supporting third party if it does not meet the qualification requirements regarding capacity or falls within the exclusion grounds and shall request the tenderer – only once – to replace it and present another third party, in compliance with the principle of equal treatment.Notes: 1) In order to fulfill the requirement, the tenderer may benefit from the support of one or more third parties, in compliance with the provisions of Art. 182 of Law no. 98/2016. In this case, a separate ESPD will be submitted …

Tenderers must demonstrate that they have properly carried out, executed, and completed similar supplies of the same nature and complexity over the last 3 years (calculated backwards from the initial deadline for the submission of tenders) with a cumulative value of at least the estimated value of the lot for which the tender is submitted (in the case of submitting tenders for multiple lots – the sum of the estimated values of the tendered lots).

Note: The last 3 years are calculated in relation to the deadline for the submission of tenders established by the Contracting Authority in the contract notice. Thus, in accordance with the provisions of Art. 13 para. (2) of the ANAP President's Instruction no. 2/2017, if the deadline for submitting tenders is postponed, the period related to similar experience will also be extended accordingly (by the postponement days).

The phrase 'similar products' shall be understood as: the supply of IT and/or printing and/or interactive presentation/display equipment. The economic operator (tenderer, associated tenderer / supporting third party / subcontractor, as applicable) will complete the Selection Criteria Section in ESPD A. GLOBAL INDICATION FOR ALL SELECTION CRITERIA. Economic operators submitting a tender in association / consortium will submit one ESPD for each of the members of the association / consortium.

Economic operators relying on the capacities of other entities (supporting third parties) will submit their own ESPD and a separate ESPD for each of the entities they rely on. The following supporting documents evidencing the fulfillment of the requirement shall be submitted only by the tenderer ranked first in the interim ranking drawn up upon completion of the evaluation of tenders:

• acceptance certificate/protocol or other documents showing the following information: the beneficiary, the type and value of the supplied products, the delivery period and location, and the date of acceptance of the products;
• recommendations;
• performance certificates issued by contracting authorities and/or certificates of good performance;
• other equivalent documents.Association: If an Economic Operator (Tenderer) exercises its right to participate jointly with other Economic Operators in the award procedure, pursuant to Art. 54 of Law no. 98/2016, in order to demonstrate fulfillment of the minimum requirement, it must submit together with the Tender, by the deadline for submission of Tenders, the following: a. Association agreement according to Form no. 7 in the Forms Section; b. a separate ESPD (response) for each Economic Operator (individual Tenderer, Association members, Subcontractors, Supporting Third Parties) with which it participates jointly in the award procedure.Supporting third party: If the Tenderer exercises its right to use the capacities of Supporting Third Parties to demonstrate fulfillment of the minimum requirement, it must submit, together with the Tender, by the deadline for submission of the Tender, the following:
  1. Commitment of the Supporting Third Party (Form no. 8B) regarding the support of the technical and/or professional capacity of the Tenderer;
  2. documents forwarded to the tenderer by the supporting third party/parties, evidencing the actual manner in which the supporting third party/parties will ensure fulfillment of their own commitment of support, which constitute annexes to the firm commitment.The submitted documents must specifically indicate the resources (material / human / technical) that the third party will mobilize if the tenderer encounters difficulties during the performance of the contract or finds itself unable to perform the contract, the type of these documents being determined by the obligations assumed by the tenderer and the supporting third party through the firm commitment.The supporting third party shall prove through the submitted documents that it possesses all the resources invoked as support for the tenderer. These documents sha…

Subcontractors If applicable, the tenderer will specify in the offer the part / parts of the contract to be subcontracted and the identification data of the proposed subcontractors (under Article 55 para. (1) of the Law no.98 / 2016 with subsequent additions and modifications).

The subcontractor must not be in the situation that determines the exclusion from the award procedure according to the provisions of Articles 164, 165 and 167, as well as Article 60 of the Law no.98 / 2016 with subsequent additions and modifications. According to Article 55 para. (1) of the Law no.98 / 2016 with subsequent additions and modifications, subcontractors must comply with the same obligations as tenderers, in the field of environment, social, and labour relations.

The way in which the fulfilment of the requirement can be demonstrated: The DUAE shall be presented by subcontractors, if any, duly signed by subcontractors. The economic operator (leader, associate, third supporter) will complete the corresponding requirement in the DUAE form from the award documentation.

Relevant documents will be presented from the economic operator regarding the proposed subcontractors, regarding the part / parts of the contract that they are to actually carry out (Article 174 of the Law no.98 / 2016 with subsequent additions and modifications). The requested documents, under the requirement regarding the proposed subcontractors, will be submitted at the request of the contracting authority, only by the tenderers ranked first 3 places in the intermediate ranking.

Third-party supporters If, the tenderer invokes the support of third parties, regarding the fulfilment of the criteria relating to the economic and financial situation, the presentation of a firm commitment of support from a third party according to Article 182 of the Law no. 98 / 2016 with subsequent amendments and completions, it has the obligation to prove to the contracting authority that it has taken all necessary measures to have access at any time to the necessary resources invoked.

With the firm commitment, documents are submitted with the result of the actual way in which third party support will materialise. The person providing economic and financial support must not be in the situation that determines the exclusion from the award procedure according to the provisions of Articles 164, 165 and 167, as well as Article 60 of the Law no.98 / 2016 with subsequent modifications and completions.

The way in which the fulfilment of the requirement can be demonstrated: The DUAE shall be presented, by the supporting third party, if appropriate, duly signed by the third party. The tenderer will present the firm commitment to support the supporting third party, according to the form in the award documentation and documents resulting from the actual way in which the support of the third party will materialise.

With the support commitment, the tenderer has the obligation to submit documents submitted to him by the supporting third party, resulting in the actual way in which the third party will ensure the fulfilment of its own support commitment, which will be annexed to that commitment. The requested documents, in connection with the firm support commitment, will be submitted at the request of the contracting authority only by the bidders ranked first 3 in the intermediate ranking.