Riverbed support

M/1. A tenderer is unsuitable if it does not have a reference for the provision of software support services related to a network system, completed within the 3 years (36 months) preceding the date of dispatch of the contract notice, but commenced within a maximum of six years (72 months), with a duration of at least 12 months, and performed in accordance with the regulations. The Contracting Authority is required to accept as proof of performance the verification that the result or activity set out in the reference requirement was performed as a partial performance of the contract. The Contracting Authority is also required to accept proof of performances carried out where, although a breach of contract occurred, the economic operator is not liable for the breach of contract – undisputed by the other contracting party. Method of verification: Pursuant to Section 67 (1)-(3) of the Public Procurement Act (PPA), the tenderer must submit in its tender its declaration contained in the European Single Procurement Document (ESPD) regarding compliance with the suitability criteria. The Contracting Authority does not require the provision of detailed information in Part IV of the ESPD; completing Section "alpha" of Part IV is sufficient. Pursuant to Section 69 (4) or Section 69 (6) of the PPA, the tenderer invited to submit certificates must verify the suitability criteria as follows: Pursuant to point a) of Section 21 (3) of Government Decree No. 321/2015. (X. 30.), presentation of its most significant services completed within the three years (36 months) preceding the date of dispatch of the contract notice, but commenced within a maximum of six years (72 months). The declaration or certificate must contain at least the following data: - the date of performance (start and end date, year/month/day), - details of the other contracting party (name, address/registered office), - description of the service performed (in sufficient detail to allow compliance with the suitability criteria to be determined), - declaration on whether the performance was carried out in accordance with the regulations and the contract. If the performance was not carried out in accordance with the contract, the certificate or declaration must state the cause and extent of the discrepancy, and, in the event of a breach of contract by the economic operator, the fact of whether the economic operator is liable for the breach of contract. If suitability is verified by a declaration of the tenderer, the candidate, or another entity participating in the verification of suitability, the declaration shall also state whether the other contracting party disputes the contractual conformity of the performance or – if the economic operator has made a declaration on this – the circumstance that the economic operator is not liable for the breach of contract. Regarding the method of verification, the Contracting Authority draws attention to Section 22 (1) of Government Decree No. 321/2015. (X. 30.).