Services for the development of integrated digital solutions and training of staff and users within the project Digital development within the partnership between Mugeni Commune and Feliceni Commune

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 he is not in any of the situations of annulment of the constitution and that he has the professional ability to perform the activities covered by the contract. The subject matter of the contract must have a corresponding in the CAEN code of the certificate.

The requirement shall also apply to members, subcontractors and / or supporting third parties, who supplement information related to their situation at the level of a separate DUAE.

Method of fulfilment: the DUAE will be completed and the supporting document (the finding certificate issued by the ONRC or, for foreign legal / natural persons, equivalent documents issued in the country of residence translated into Romanian) will be submitted at the request of the contracting authority only by the highest bidder, the information should be real and current at the time of submission.

Criterion 1 - Capacity to exercise professional activity Requirement: each economic operator - individual tenderer, each member of the association, each subcontractor declared and, for the part of the contract which he supports, the supporting third party - must provide proof of legal registration, under the conditions of the law of the country of residence, 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 provide the services covered by the contract.

Correspondence with the subject-matter of the contract: the main activity or, where applicable, the authorised secondary activity, expressed by CAEN code, must cover software development, programming, integration of information systems and training (indicative: CAEN 6201 - software-to-command activities, 6202 - information technology consulting activities, 6209, 6311). For subcontracted activities, the correspondence of the CAEN code shall be checked at subcontractor level for the part it performs.

Legal basis: Art. 173 of Law No 98 / 2016 and Art. 20 of H.G. No 395 / 2016. Method of performance and demonstration: initially completed DUAE (Part IV, letter A).

The supporting document - the finding certificate issued by the National Trade Register Office (ONRC) or, for foreign legal / natural persons, equivalent documents issued in the country of residence, accompanied by authorised translation into Romanian - shall be submitted, at the request of the contracting authority, only by the highest bidder in the intermediate ranking. The information shall be real and current at the time of presentation.

The tenderer must demonstrate an average annual turnover over the last 3 financial years (2023, 2024, 2025) of at least 1,278,934,80 lei. The requirement is set in proportion to the object and the estimated value of the contract, subject to the ceiling laid down in Article 178 (2) of Law No 98 / 2016 - the required level is equal to the estimated value of the firm component and below the estimated total value, below the maximum allowed value twice.

This is necessary to confirm the financial stability of the economic operator and the ability to support the provision of services during implementation, pending payments by the contracting authority. The performance shall be initially declared through the DUAE and the highest bidder shall submit, upon request, supporting documents (balance sheets / balance sheets recorded with the tax bodies, audit reports or other edifying documents).

Criterion 2 - Economic and financial situation (annual average turnover) Requirement: average annual turnover of the tenderer over the last 3 financial years (2023, 2024 and 2025) must be at least 1,278,934,80 lei. Justification of proportionality: the required level is equal to the estimated value of the firm component of the contract and is below the maximum permissible limit of the law (no more than twice the estimated value), according to Article 178 (2) of Law No 98 / 2016.

The requirement confirms the financial stability of the operator and the ability to support the provision of services during implementation, provided that payments are made gradually without advance after delivery. Legal theme: Articles 175 and 178 of Law No 98 / 2016. Association and support: in the case of an association, the requirement may be met by cumulation of members' turnover.

In the case of economic and financial support by a third party (Article 182 of Law No 98 / 2016), the tenderer shall present the firm commitment of the supporter (Form No 3), together with the documents resulting from the concrete way of materialising the support; the third party shall not be in the situations of exclusion provided for in Articles 164, 165 and 167.

Currency conversion: for turnover figures expressed in another currency, the equivalent in MDL shall be calculated at the average annual rate communicated by the National Bank of Romania for each reference year. Method of performance and demonstration: initially completed DUAE (Part IV, letter B). The supporting documents - balance sheet or balance sheet statement recorded with the tax bodies, audit reports or other edifying documents - shall be submitted on request only by the highest bidder.

The same experience must have been provided, over the last 3 years, by reference to the closing date for the submission of tenders, design / development services and the implementation of similar IT solutions in nature and complexity, totaling at least 800.000.00 lei without VAT. The sum of the corresponding values of up to 3 contracts shall be accepted.

The highest bidder shall submit supporting documents (reception minutes, recommendations or equivalent documents) resulting from the beneficiary, the amount, period and subject matter of the contracts invoked.

In order to verify the reality of similar experience, the contracting authority reserves the right to request, in accordance with the specification: temporary access to the implemented system or its demonstration environment; an online presentation of the solution; screenshots and technical documentation; declarations of the beneficiary of the reference contract; or other equivalent evidence.

When establishing this criterion, account was taken of the value and technical complexity of the acquisition, in order to ensure the selection of a supplier with adequate experience, reducing the risk of default.

Criterion 3 - Technical and professional capacity (similar experience) Requirement: The tenderer shall provide proof that, over the last 3 years calculated by the closing date for the submission of tenders, it has provided design / development services and the implementation of IT solutions similar in nature and complexity to those covered by the contract, in a cumulative amount of at least 8000.000.00 lei without VAT. The amount may consist of a maximum of 3 contracts.

The definition of "similar services': the development and deployment of integrated software solutions - e.g. digital public service platforms / egovernment, citizens' portals, automated workflow modules, the integration of several IT systems into a common architecture. It does not constitute similar experience simply providing or reselling licences or hardware equipment, not accompanied by development and implementation services.

Justification of proportionality: the threshold represents about 62,6% of the estimated value of the firm component of the contract and is set to ensure the selection of a supplier with adequate experience, in compliance with the proportionality principle laid down in Article 179 of Law No 98 / 2016. Legal theme: art. 179 letter

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2. of Law No 98 / 2016. Update of the period: If the contracting authority deletes the deadline for submission of tenders, the 3-year period shall be extended accordingly and shall report to the new deadline. Method of performance and demonstration: initially completed DUAE (Part IV, letter C).The supporting documents - acceptance minutes, recommendations, performance certificates, contracts or equivalent documents resulting from the beneficiary, value, period and subject matter - shall be submitted, upon request, only by the highest bidder.In order to verify the reality of the experience claimed, the contracting authority reserves the right to request, in accordance with the specification: temporary access to the implemented system or a demonstration environment, an online presentation of the solution, screenshots and technical documentation, declarations of the beneficiary or other equivalent evidence.