Purchase of complete IT solutions in the framework of the project IS31B _ 04 Cybercrime Academy - Training of staff specialised in cyber crime - CyAc

Economic operators (including consortium members, subcontractors, third-party supporting entities) submitting a tender must prove a form of registration under the conditions of the law of the country of residence, that they are legally constituted and are not in any of the situations of annulment of establishment, as well as the fact that they possess the professional capacity to perform the activities covered by the contract. The capacity to exercise professional activity must be demonstrated by any economic operator participating in the procedure, regardless of whether it is an individual tenderer, a member of an association, a subcontractor, or a third-party supporting entity. Method of fulfillment: the ESPD (DUAE) shall be completed in accordance with the provisions of Art. 193 para. (1) of Law no. 98/2016, also taking into account the guidance provided in the Notification of the National Agency for Public Procurement (ANAP) on the use of the ESPD in procedures carried out exclusively by electronic means dated 08.04.2019. The notification can be downloaded from https://anap.gov.ro/ro/notificare-privind-utilizarea-duae-in-procedurile-desfasurate-exclusiv-prin-mijloace-electronice/. The documents to be submitted for fulfilling the qualification criterion, upon the request of the contracting authority, only by the tenderer ranked first after applying the award criterion, according to Art. 196 para. (2) of Law no. 98/2016 on public procurement, are: 1. Romanian legal/natural persons: the confirmation of company details issued by the National Trade Register Office (ONRC), electronically signed by the legal representative, showing that the tenderer's scope of activity includes the provision of services subject to the procurement. The information contained in the certificate must reflect reality on the date of submission of the document. Each associate is obliged to present these documents for the part of the contract to be performed by it. In the event that the economic operator subcontracts a part/parts of the contract, the subcontractor shall submit these documents for the part/parts of the contract it is to perform. 2. Foreign legal/natural persons: equivalent documents in the country of residence proving a form of registration or professional membership (documents must be signed by the legal representative and accompanied by an authorized Romanian translation), in accordance with legal provisions of the country of residence. Each economic operator participating in the procedure, whether an individual tenderer, member of an association, subcontractor, or third-party supporting entity, is obliged to present this document for the part of the contract it is to perform. All documents requested by the contracting authority for the purpose of fulfilling the ESPD shall be submitted by the tenderer by electronic means in SEAP, signed with an extended electronic signature based on a qualified certificate, pursuant to Law no. 214/2024 on electronic signatures.

This section must be completed only by the tenderer in the event that it intends to subcontract a part / parts of the contract. The subcontractor has the obligation to complete the ESPD separately. If the tenderer intends to subcontract a part/parts of the contract, the ESPD will also include information regarding the part of the contract it intends to subcontract, as well as the value related to the activities indicated in the tender as being performed by subcontractors. In addition, together with the ESPD, the tenderer shall also submit the subcontracting agreement. Subcontractors on whose capacities the tenderer/candidate relies must, in turn, complete a separate ESPD, including all information mentioned in Art. 193 para. (1) let. a), as well as that in Art. 193 para. (1) let. b) and c) that is relevant from the perspective of the subcontractors' capacities on which the tenderer/candidate relies in the award procedure. In the case of subcontractors on whose capacities the tenderer/candidate does not rely, the ESPD will contain only the information mentioned in Art. 193 para. (1) let. a). The economic operator shall submit, along with the tender and the ESPD, the Subcontracting Agreement (Form no. 4), which must contain at least the following: - Subcontractor name; - Subcontractor identification data; - Description of operations to be performed by the subcontractor; - Value of operations to be provided by the subcontractor (RON without VAT);