Public procurement contract for products supply of NAS-type electronic archive server, including UPS within the project "DIGITALIZATION OF THE BALCESTI CITY HALL ACTIVITY THROUGH THE ADOPTION OF HARDWARE AND SOFTWARE SOLUTIONS IN THE INTEREST OF CITIZENS", SMIS Code: 328254, funded through the SOUTH-WEST OLTENIA REGIONAL PROGRAM 2021-2027 PRIORITY 2 - Digitalization for the benefit of citizens and companies

Information and formalities necessary to assess compliance with those requirements 1.Economic operators submitting tenders must prove a form of registration under the law of the country of residence, showing that the economic operator is legally constituted, that it is not in any of the situations of cancellation of its constitution and that it has the professional capacity to perform the activities covered by the contract.

Economic operators submitting the tender must prove a form of registration under the law of the resident country, showing that it is legally constituted, that it is not in any of the situations of annulment of the constitution and that it has the professional capacity to carry out the activities covered by the contract.

The requirement shall also apply to subcontractors for the part of the contract they are to undertake, which will complement the information related to their situation at the level of a separate DUAE. Method of preliminary demonstration by DUAE (heading marked in DUAE at the time of its preparation at the planning stage) Part IV.

The selection criteria A. The ability to meet the requirements of Subsidy Business Registration DUAE - It is entered in the business registers in the Member State of establishment as described in Annex XI to Directive 2014 / 24 / EU. Concerning the completion of the DUAE: the contracting authority has activated option α (alpha) of Part IV: selection criteria.

The unique bidder / Associate bidder / Supporter third / Subcontractor will complete the DUAE section "Selection criteria" - point A "Global indication for all selection criteria." As regards "Selection Criteria" - point A "Global Indication for all selection criteria," the contracting authority shall require the unique tenderer / associate tenderer to declare whether or not it meets all selection criteria set out in the procurement documents and mentioned in the contract notice.

Method of proof at the final stage of the evaluation (for the tenderer whose tender is ranked number one or for the selected candidates) - supporting documents required to verify the information in the DUAE Documentary evidence that the fulfilment of those assumed by the completion of the DUAE is to be submitted, at the request of the contracting authority, only by the tenderer ranked number one in the ranking drawn up after the award criterion has been applied.

The supporting documents proving the fulfilment of those assumed by the DUAE shall be submitted: The certificate of establishment issued by the Office of the Trade Register, which shall show that the principal / secondary activity which it carries out under the Codification of the CAEN corresponds to the subject matter of the contract. Note: Foreign legal persons will present equivalent documents issued by the authorities of the country of residence, accompanied by authorised translation into Romanian.

Where such documents are not issued in the country of residence of the economic operator, a self-declaration may be submitted or, if there is no legal provision in that country relating to the self-declaration, a genuine declaration given to a notary, an administrative or legal authority or a professional association competent to that effect.

Economic operators shall be required to specify the part / parts of the contract they intend to subcontract. Method of preliminary demonstration by DUAE (heading marked in DUAE at the time of its preparation at the planning stage) The tenderer must submit information on the part of the contract that the economic operator may intend to subcontract.

If the economic operator intends to subcontract part of the contract, it shall specify in the tender the contract activities it intends to subcontract, as well as the percentage of the activities indicated in the tender as being carried out by subcontractors and the identification data of the proposed subcontractors, if the latter are known at the time of submission of the tender.

Subcontractors whose capacity the tenderer relies on to demonstrate the fulfilment of certain qualification criteria shall also be considered to be third-party supporters, in which case the subcontracting agreement is also a firm commitment. Each subcontractor shall complete a separate DUAE form.

The tenderers will necessarily charge in SEAP, together with the DUAE and the offer, the subcontracting agreement / agreements concluded between the contractor and the subcontractor / subcontractors nominated / nominated in the offer. Subcontracting agreement / agreements (from, "Form Section" of the Award Documentation) will be signed / will be signed with extended electronic signature, based on a qualified certificate, issued by a certification service provider accredited under the law.

These must contain at least the following elements: names, contact details, legal representatives of the subcontractor; activities to be subcontracted; percentage of the assets indicated in the offer as performed by subcontractors.

In accordance with the provisions of Article 218, paragraph (4) of Law 98 / 2016, the contracting authority is required to require, upon conclusion of the contract, the submission of the contract / contracts concluded between the contractor and the subcontractor / subcontractors nominated / nominated in the tender.

The subcontracting contract / contracts submitted at the conclusion of the public procurement contract shall contain at least the information contained in the subcontracting agreement / agreements presented in the tenders, shall be in accordance with the tender and shall be set out in the annex to the public procurement contract. The contractor's response to the performance of the contract is not diminished if part / parts of it are performed by subcontractors.

In accordance with the provisions of Art. 174, paragraph (1) of Law 98 / 2016, the Contracting Authority reserves the right to request the highest bidder after applying the award criterion to submit relevant information and documents regarding the technical and professional capacity of the proposed subcontractors, regarding the part / parts of the contract they are actually going to perform.

In the event that the information and documents submitted in accordance with the above request do not result in the proposed subcontractor having the technical and professional capacity necessary for the part / parts of the contract that he / she is to actually perform, in accordance with Article 174, paragraph (2) of Law no. 98 / 2016, the contracting authority shall reject the proposed subcontractor and request the tenderer to replace it once and to present another subcontractor with the technical and professional capacity necessary for the part / parts of the contract that he / she is to actually perform.

Method of demonstration at the final stage of the evaluation (for the tenderer whose tender is ranked number one or for the selected candidates) - supporting documents required for the verification of the information in the DUAE Documentary documents, which propose the fulfilment of those assumed by completing the DUAE, are to be submitted, at the request of the contracting authority, only by the tenderer ranked number one in the ranking draw…