Services for trading flexibility products

Economic operators submitting tenders shall 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 cancellation of the establishment, and that he has the professional capacity to carry out the activities covered by the sectoral purchasing contract. The requirement shall also apply to subcontractors who supplement information related to their situation at the level of a distinct DUAE.

Method of Implementation: To be completed DUAE. The supporting document - a certificate of establishment issued by the Trade Registry Office - showing that the subject matter of the contract is corresponding in the CAEN code of the certificate of establishment issued by the ONRC, valid on the date of submission, is to be presented, only by the highest bidder, after application of the award criterion. The information contained in the certificate shall be valid at the time of submission.

Foreign legal persons will present any edifying documents issued by the competent authorities of the country where they are residents (certificates, other eloquent documents) to prove that the requirement is fulfilled, in accordance with the legislation of the country of residence, accompanied by the authorised translation into Romanian.

1. Similar experience shall be understood as the configuration and/or provision of trading, technical support, and update services for flexibility products.
2. To demonstrate similar experience within the meaning mentioned above, the tenderer (individual economic operator or consortium of economic operators) shall prove that it has configured and/or provided trading, technical support, and update services for flexibility products under one or more similar contracts/projects over the last 3 years calculated up to the deadline for the submission of tenders (in the event of any postponements of the deadline stipulated in the contract notice initially published, the lower limit of the 3-year period shall be extended by the time period corresponding to the postponement), with a cumulative value of at least RON 5,000,000 excluding VAT. The similar experience component may also be proven through separate contracts.
3. Recommendations / certificates of satisfactory performance / acceptance certificates / any supporting documents shall be submitted showing the beneficiary of the services, the type and/or characteristics of the services provided, the period of performance, and their value.In the case of contracts performed jointly with other economic operators (consortium, subcontractor), the submitted documents must clearly show the contract value performed by the tenderer. If their value is expressed in another currency, the average annual RON/other currency exchange rate published by the NBR shall be applied to calculate equivalence.
4. Similar experience shall be proven by submitting one or more contracts completed or ongoing in the last 3 years prior to the tender submission deadline, which include services similar in nature and complexity to those forming the object of this procurement (completed projects meaning similar services accepted at the end of performance, and ongoing projects meaning those projects for which the actual delivery of similar services has begun, with at least one document issued for their partial delivery / acceptance / payment).Method of fulfillment: The ESPD shall be completed by the economic operators participating in the award procedure with information describing their level of experience, by reference to contracts performed in the past, in accordance with the requirements of the contracting entity.Within the ESPD, information must be specified such as: number and date of the contract invoked as similar experience, type/categories of services, period related to the similar experience, contract value / partial contract value fulfilled up to the tender submission deadline, the percentage attributable to the tenderer, beneficiary, date and number of the acceptance document.The ESPD shall be completed so as to clearly demonstrate fulfillment of the qualification criteria requested in the contract notice. All necessary information shall be clearly completed in the ESPD, so that the parts of the contract that can be taken into consideration for meeting the similar experience requirement, as requested in the data sheet, can be identified.Supporting documents proving fulfillment of the requirement shall be submitted only by the tenderer ranked first upon completion of the tender evaluation. Similar experience shall be demonstrated by presenting:
   • the list of the main services provided;
   • for each contract: beneficiary, object, period, share held (in case of a consortium);
   • supporting documents (copies of relevant parts of the contract, acceptance certificates, certificates of satisfactory performance, recommendations, or equivalent documents). Supporting documents from the EU/EEA shall be in the form of certified true copies of the original. The documents shall clearly show (including in the case of contracts performed in a consortium (as a consortium member or subcontractor)) the categories of activities provided under the submitted contract(s). The ESPD shall be completed so as to clearly demonstrate …

The tenderer shall indicate for each subcontractor the part of the contract that he intends to subcontract (if applicable) - indicate the subcontracted activities as well as the subcontracted percentage; Subcontracting will take place under the terms of Chapter VI - Section I - Subcontracting under Law 99 / 2016 on Sector Procurement and subject to the terms of the contract.

Subcontractors whose capacity the tenderer / candidate relies on to demonstrate the fulfilment of certain qualification and selection criteria are also considered to be supporting third parties, in which case the subcontracting agreement is also a firm commitment.

The DUAE will be completed in accordance with Art. 202- 204 of Law no. 99 / 2016 and ANAP Notification no. 240 / 2016; with the submission of the DUAE, the Subcontracting Agreement will also be submitted, following that the supporting documents proving the commitments in the agreements will be requested from the highest bidder upon completion of the tender evaluation.

Implementation and maintenance of the quality management system according to the quality management standard SR EN ISO 9001 or equivalent for the main activity of the contract object. In the case of submission of a joint offer, each associate shall hold such a certificate for the part of the contract it undertakes. The DUAE will be completed by the economic operators participating in the award procedure.

The following supporting documents proving that the requirement is met shall be submitted only by the highest bidder at the end of the evaluation of tenders: - certificate valid at the time of presentation issued by an accredited certification body attesting compliance by the economic operator with the standard SR EN ISO 9001 or other evidence or evidence confirming the assurance of an appropriate quality level (for specific cases provided for by law).