Public procurement contract providing software equipment and licenses.

Registration in a commercial register according to Article 180 para (1) of Law 98 / 2016 - the requirements apply by reference to each lot. Requirement - 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 cancellation of the constitution, and that he has the professional ability to carry out the activities covered by the public contract. The subject matter of the contract must have a corresponding in the CAEN codes of the certificate. The information contained in the certificate shall be real / valid on the date of its submission. Method of delivery: The economic operator participating in the procedure, regardless of whether it is an individual tenderer, a member of an association, Subcontractor is required to fill in and initial presentation of the DUAE as the first proof of non-compliance with the exclusion and fulfilment of the capacity requirements (see the DUAE User Guide developed by the ANAP available at www.anap.gov.ro, ANAP notification on the use of DUAE in procedures conducted exclusively by electronic means of 08 / 04 / 2019 and ANAP notification on the use of DUAE integrated in SEAP of 02 / 07 / 2019). Where parts of the contract will be executed by subcontractors, proof of registration and correspondence of the main / secondary activities within the contract with the object of the acquisition will also be required by subcontractors for the part of the contract they will perform. The supporting documents proving the fulfilment of those assumed by the completion of the DUAE, i.e. ONRC certificate or for foreign bidders, equivalent document issued in the country of residence, shall be submitted at the request of the contracting authority, by the tenderer ranked first after the application of the award criterion, according to Art. 196 of Law no. 98 / 2016. NOTE: - In the case of bidders (natural or legal persons) of a nationality other than Romanian, the documents mentioned will be transmitted in the language of origin, accompanied by a translation of them into Romanian.

According to Article 180 para (1) of Law 98 / 2016 - the requirements apply by reference to each lot. Where applicable, tenderers shall include information on subcontractors in the DUAE. According to legal provisions, the supply activity cannot be subcontracted. Subcontracting activity can only be performed for services related to the main supply activity. If the tenderer / candidate intends to subcontract part / parts of the contract, the DUAE shall also include information on the part of the contract to be possibly subcontracted and shall have the subcontracting agreement attached. Specify the part (s) of the contract that the economic operator intends to subcontract, if applicable. The documents concerning subcontractors, i.e. Subcontracting Agreement / Subcontracting Contract, are to be submitted with the tender and the DUAE by the deadline for submission of tenders. The contracting authority shall require the tenderer to specify in the tender: a) the categories of service in the contract it intends to subcontract, and 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. The proposed subcontractors shall comply with the same obligations as tenderers in the field of environment, social and employment relations established by the legislation adopted at European Union level, national law, collective agreements or international treaties and agreements in these areas, provided for in the award documentation pursuant to Article 51 (1) of the updated Law No 98 / 2016. The contracting authority accepts at the time of submission of the tenders the DUAE document, consisting of a declaration on its own updated responsibility, that preliminary proof instead of certificates issued by public authorities or third parties confirming that the economic operator in question fulfils the following conditions: a) is not in any of the exclusion situations referred to in Articles 164, 165 and 167; b) meets the capacity criteria as requested by the contracting authority. Subcontractors on whose capacity the tenderer is based must, in turn, fill in the separate DUAE, including all the information mentioned under letter a), as well as those under letter b), which are relevant from the perspective of the capacities of the subcontractors on which the tenderer is based under the respective award procedure. In the case of subcontractors on whose capacities the tenderer is not based, DUAE shall contain only the information mentioned under letter a). Method of delivery: DUAE will be completed by economic operators / subcontractors in accordance with Article 193 para. (1) of Law No 98 / 2016. The supporting documents proving the fulfilment of those assumed by the completion of the DUAE such as: criminal record, tax record, finding certificates issued by the ONRC and / or other equivalent documents issued by the competent authorities of the country where the economic operator is established, valid at the time of submission, shall be submitted at the request of the contracting authority only by the highest bidder after application of the award criterion (in accordance with Article 196 of Law No 98 / 2016).

Requirement for all lots: Requirement No 1 - Tender (individual economic operator or association of economic operators) demonstrates that it has specific certifications or other evidence that the Tender considers relevant that it complies with the quality assurance standard SR EN ISO 9001: 2015 or equivalent. The contracting authority shall, in accordance with the principle of mutual recognition, accept equivalent certificates issued by accredited certification bodies established in other Member States. Any Bidding Economic Operator shall have the right to participate jointly with other Economic Operators in the Award Procedure under the terms of Article 53 of Law No 98 / 2016. Where the tenderer is an association of Economic Operators, each member of the association shall demonstrate individually that he has specific certifications or other evidence which the tenderer considers relevant, attesting that he complies with the quality assurance standard SR EN ISO 9001: 2015 or equivalent. The request cannot be fulfilled through a supporting third party. Method of delivery: As preliminary evidence for demonstrating the fulfilment of the minimum requirement, the tenderer shall complete in the DUAE (reply) the entry Certificates issued by independent bodies on quality assurance standards. '; The supporting documents proving the fulfilment of those assumed by the completion of the DUAE shall be submitted at the request of the contracting authority, only by the highest bidder after the application of the award criterion, according to Article 196 of Law no. 98 / 2016. The supporting documents shall include but shall not be limited to certificates issued by independent bodies on the required quality assurance standard or other evidence that the tenderer considers relevant or has nominated them in the DUAE (reply) as supporting documents for the information included in the DUAE (reply) in relation to "demonstration of the possession of specific certifications attesting compliance by the Provider with the quality assurance standard SR EN ISO 9001: 2015'. The documents submitted shall be valid at the time of presentation.