Renewal/reactivation of technical support services related to Oracle licenses

The economic operator (individual bidder, member of an association, subcontractor, third party) shall prove a form of registration in accordance with the legal requirements of the country in which it is established (to be registered in a professional or commercial register) showing that the economic operator is legally constituted, 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.

MODALITIES FOR COMPLEMENTATION Each economic operator participating in the procedure will complete the SEAP DUAE, according to the quality in which it participates, as preliminary evidence of the fulfilment of the requirement for professional activity capability.

In accordance with the provisions of Article 132 (2) of the HG No 395 / 2016, as amended and supplemented by subsequent amendments, the tenderer (individual tenderer or Association of Economic Operators), ranked first after the award criterion, must provide the following supporting documents proposing the fulfilment of those assumed by the completion of the DUAE: The subject matter of the economic operator shall be appropriate to the activities to be carried out under the Contract.

The information in the finding certificate shall be current / real / valid at the date of its submission. The finding certificate will have to be submitted by each economic operator participating in the award procedure (individual or associate tenderer, third party (s) supporter (s), subcontractor / subcontractors). In the case of an association, documents attesting the form of registration shall be submitted for each of the members of the association.

In order to fulfil the requirement, it is sufficient that each Member's subject matter is consistent with the part of the Contract that it will achieve. For Foreign Economic Operators, equivalent documents will be presented, issued in the country of residence, accompanied by authorised translation into Romanian, proving a form of registration / attestation or professional membership, according to the legislation of the country of residence.

The documents shall show, where appropriate, elements such as full name, duration of operation, registered office, associations / shareholders, authorised persons / administrators and areas of activity.

The tenderer (individual Economic Operator or Association of Economic Operators and, where applicable, the Third-Party Supporter) must demonstrate that it has performed and successfully completed, within the last 3 years calculated backwards from the deadline for tender submission, similar services with a cumulative value of at least RON 1,500,000 excluding VAT, across a maximum of 3 contracts.

"Similar services" means services in the software/IT field that included administration, configuration, maintenance, optimization, migration, upgrade, and/or database systems availability assurance activities. "Successfully completed services" means services accepted during the reference period, regardless of the contract start date, as well as partially accepted services, provided that they can be used by the beneficiary as an independent result.

If a submitted contract has a broader scope, the CA will solely take into consideration the value of the similar services. The last 3 years are calculated backwards from the deadline for tender submission; if this deadline is extended, the reference period shall be extended accordingly by the period corresponding to the postponement.

METHOD OF FULFILLMENT: Economic operators participating in the award procedure shall complete the ESPD, in accordance with the information requested by the Contracting Authority, reflecting their specific situation. The supporting documents proving the fulfillment of the declarations made in the ESPD will be submitted, at the request of the CA, by the tenderer ranked first in the intermediate ranking drawn up upon completion of the tender evaluation.

In accordance with the provisions of Art. 132 para. (2) of GD no. 395/2016, supporting documents deemed appropriate for proving the information included in the ESPD, which the Economic Operators submit to the Contracting Authority (individual Tenderer, association member, Subcontractor, Third-Party Supporter, corresponding to the services they are to perform), include, but are not limited to:

• acceptance certificates/service acceptance minutes, recommendations, certifications, or any other equivalent documents clearly showing: a. the description of the services rendered, b. the proportion and/or activities for which the economic operator was responsible under the contract, c. the number and date of the contract invoked as similar experience, d. the date and number of the document(s) confirming the performance of the services (by the economic operator) and the acceptance of the services by the beneficiary, e. the start date and completion date of the service performance, f. the beneficiary, g. as well as stating whether the services were properly performed, in accordance with the professional standards in the field and the terms of the contract covering the invoked services, and whether the services were completed successfully.
• any other evidence regarding properly performed services that meet the minimum requirement. The documents will be submitted by electronic means, complying with the electronic signature requirements applicable under the legislation in force and the requirements of the procurement documentation.For the calculation of equivalence from other currencies, the annual average exchange rate communicated by the NBR for each respective year will be applied. In the case of a consortium/association, the requirement regarding similar experience is demonstrated by taking into account the resources of all consortium members, pursuant to Art. 185 para. (1) of Law 98/2016.Each member will fill out the ESPD corresponding to the capacity in which it participates and its contribution to meeting the requirement. The association members are jointly and severally liable for the performance of the Contract.Along with the ESPD, the Consortium Agreement shall be submitted, showing at least the consortium members, the leader, the part/parts of the Contract to be performed by each member, and the assumption of joint …

The tenderer is required to state the part/parts of the Contract that it intends to subcontract, as well as the identification details of the proposed subcontractor/subcontractors, if they are known at the time of tender submission, in accordance with the provisions of Art. 179 point k) of Law no. 98/2016, as amended and supplemented.

The proposed subcontractors must comply with the requirements regarding exclusion grounds and, where applicable, the qualification requirements pertaining to the part of the Contract that they are to perform. If the tenderer relies on the capabilities of the subcontractor to meet the qualification criteria, the respective subcontractor shall also be treated as a third-party supporter, with the legal provisions regarding third-party support being applicable accordingly.

METHOD OF FULFILLMENT If the tenderer intends to subcontract a part/parts of the Contract, it shall specify in the ESPD the part/parts of the Contract to be subcontracted, as well as the identification details of the proposed subcontractor/subcontractors, if they are known at the time of tender submission. Each proposed subcontractor shall fill out a separate ESPD, which will be submitted along with the ESPD of the tenderer/consortium members.

Along with the ESPD, the Subcontracting Agreement shall be submitted, in accordance with the template provided by the Contracting Authority, completed and signed by the involved parties. The Subcontracting Agreement shall specifically indicate the services/activities that are the subject of subcontracting, as well as their corresponding percentage of the total tendered value of the Contract.

The information contained in the Subcontracting Agreement shall be correlated with the information provided in the ESPD and the other tender documents, as applicable. The ADR form already provides for the detailed identification of the subcontracted services and their percentage of the total tendered value.

The requirement to submit updated supporting documents is also applicable to the subcontractor/subcontractors of the tenderer ranked first in the intermediate ranking drawn up upon completion of the tender evaluation, if the subcontractor/subcontractors is/are known at the time of tender submission, regarding the absence of the exclusion grounds provided for in Art. 164, 165, and 167 of Law no. 98/2016.

If, following verification, it is found that a proposed subcontractor is in one of the exclusion grounds provided for by law, with the appropriate application of the provisions of Art. 171 of Law no. 98/2016, the Contracting Authority shall request the tenderer/candidate, once only, to replace the respective subcontractor, in accordance with the provisions of Art. 170 para. (2) of Law no. 98/2016.

The Contracting Authority has the right to request from the tenderer relevant information and documents concerning the technical and professional capacity of the proposed subcontractors, with respect to the part/parts of the Contract that they are actually to perform.

If the information and documents submitted do not demonstrate that the proposed subcontractor has the technical and professional capacity necessary for the part/parts of the Contract that it is actually to perform, the Contracting Authority shall reject the proposed subcontractor and request the tenderer/candidate, once only, to replace it and propose another subcontractor that possesses the technical and professional capacity necessary for the respective part/parts, in accordance with the provisions of Art. 174 para. (1) and (2) of Law no. 98/2016.

If the tenderer relies on the capabilities of the subcontractor to meet the criteria regarding technical and professional capacity, the subcontractor will also have the status of a third-party supporter, with the provisions regarding third-party support being applicable accordingly. Subcontracting does not diminish the contractor's liability towards the Contracting Authority with respect to the prope…