,,Software Platform Support and Maintenance Services

- Economic operators submitting the tender 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 cancellation of the constitution and that he has the professional ability to perform the activities covered by the contract. - Method of demonstrating the fulfilment of the requirement: the economic operators participating in the award procedure shall complete the Single European Procurement Document (DUAE) with information related to their own situation.

DUAE shall be submitted by the tenderer, including for the subcontractor / third party supporter, as appropriate (Articles 173 (1) and 183 of Law No 98 / 2016) in electronic format. - The supporting documents proving the fulfilment of those assumed by the completion of the DUAE shall be submitted, at the request of the contracting authority, only by the highest bidder in the ranking. - The contracting authority may request the submission of all or some of the documents indicated below at any time during the course of the award procedure, if necessary. These documents may be:

1. For Romanian legal entities and authorized individuals or Romanian family associations:
   • Establishing certificate issued by the Trade Registry Office of the competent territorial court, resulting in data on the registered office and the economic operator's activity.The subject-matter of the contract must have a correspondence in the CAEN code of the certificate which has been issued by the O.R.C.; the certificate shall be issued in such a way that the information contained in this document is valid / true at the date of its submission.Also, the certificate of establishment issued by the Office of the Trade Register next to the Territorial Court must contain the following information: identification data of the economic operator, shareholders / associations, management bodies, administrators, members of the Management Board, members of the Supervisory Board, participation shares, etc.
   • For the P.F.A.: authorization to operate or other equivalent documents resulting from their competence to perform the activities covered by this contract.
2. For foreign legal / natural persons:
   • Relevant documents proving a form of registration as a natural / legal person or of registration / attestation or professional membership in accordance with the legal requirements of the country in which the economic operator is established; Article 168 of Law No 98 / 2016 shall apply. The evidentiary documents will be accompanied by a translation into Romanian by an authorized translator.

The tenderer (individual or consortium), or the supporting third party, as applicable, shall provide information regarding their similar experience.

The tenderer must demonstrate that it has successfully completed*, within the last 3 years**, the provision of similar services (technical support services and/or corrective, adaptive, or evolutionary maintenance services for applications), with a cumulative value of at least RON 4,800,000, across one or up to a maximum of 3 contracts. *) Successfully completed provision of similar services means:  Services partially rendered, provided that they could have been used by the Beneficiary as an independent result, or  Services accepted upon completion of the provision. **) The last 3 years are calculated in relation to the deadline for the submission of tenders, with the corresponding application of ANAP Instruction no. 2/2017 (Art. 13).

The last 3 years will be calculated in relation to the deadline for the submission of tenders established by the contracting authority in the contract notice, with the remark that the method of calculating the period will not be affected by any potential postponements of the deadline set out in the contract notice.

Thus, where the contracting authority/entity chooses to calculate the reporting period for similar experience in accordance with the provisions of Art. 13 para. (1) let. b) of ANAP Instruction no. 2/2017, but is compelled, regardless of the reasons, to postpone the deadline established for the submission of candidacies/tenders by publishing an erratum to this effect, the lower limit of the 3-year period shall be extended by the period of time corresponding to the postponement, and the requirement will be deemed fulfilled for all economic operators that submitted proof of completion of the similar experience contract within the newly resulting time interval.

NOTE: Postponing the deadline set for the submission of candidacies/tenders and thus setting a new date cannot automatically result in the rejection of a candidate/tenderer on the grounds that its similar experience falls outside the 3-year period calculated relative to the new deadline for the submission of candidacies/tenders, provided that, on the date initially set in the contract notice/simplified contract notice, it fulfilled the requirement as requested.

To fulfill the requirement, the tenderer/consortium member/supporting third party will complete the ESPD – "Selection criteria" - Section C "Technical and professional ability".

The following information must be mandatorily specified by tenderers in the ESPD: description of the similar services rendered, number and date of the contract(s) invoked as similar experience, beneficiary/beneficiaries thereof, date and number of the acceptance documents (minutes, etc.) and/or performance certificates and/or certificates/documents attesting the provision of services, as well as the share and/or activities for which it was responsible, together with their value, excluding VAT.

Prior to contract award and upon request of the Contracting Authority, the tenderer ranked first following the application of the award criterion to the admissible tenders shall submit supporting documents attesting to the fulfillment of the requirement, namely: certificates/documents issued or countersigned by an authority or by the beneficiary client and/or acceptance minutes and/or performance certificates issued by contracting authorities and/or good performance certificates showing all elements necessary to confirm fulfillment of the technical capacity requirement, specifically services rendered, completion period, and their value, etc. These documents shall also be submitted by the consortium member, should its resources have been taken into account to fulfill the requirement.

The provision of services is confirmed by submitting certificates/documents issued or countersigned by an authority or by the beneficiary client (contracts, recommendations, minutes, p…

Information on subcontractors: Where parts of the contract to be awarded will be carried out by one or more subcontractors, the tenderer shall be required to specify the part (s) of the contract which he is to subcontract.

By the deadline set for the submission of tenders, the participating economic operators shall complete the DUAE (Single European Procurement Document) attached to the award documentation duly completed by each participating entity (where appropriate, tenderer, associate tenderer, declared subcontractor) together with the Subcontracting Agreement / Agreements, in order to provide preliminary proof of the fulfilment of the abovementioned requirements. The tenderer is required, according to Article 150 (2) of H.G.

No 395 / 2016, to include in his tender the names of subcontractors and their contact details, the part (s) of the contract to be fulfilled by them and the agreement of subcontractors on these matters. In order to avoid the possibility of calculating the value of the offer, the DUAE will present the percentage of subcontracting, to be found also in the subcontracting agreement (without including the subcontracted value).