Supply of products: Lot 1 - Servers; Lot 2 - Hardware servers; Lot 3 - License for SQL servers; Lot 4 - License for ArcGIS Server; Lot 5 - License for ArcGIS Pro for Desktop.

Requirement 3: Economic operators submitting tenders must prove a form of registration under the law of the country of residence, showing that they are legally constituted, that they are not in any of the situations of annulment of the constitution, and that they have the professional ability to perform the activities covered by the contract.

Mode: By the date and time limit for the submission of tenders, tenderers / associations / subcontractors and / or third parties supporting them, as appropriate, will fill in separately through SEAP, the DUAE with information related to their situation. According to Article 193 (6) of Law 98 / 2016, the overall indication for all selection criteria shall be used for simplified procedures.

Each participant (tenderer, leader, associate, subcontractor and / or supporting third party) will thus present a distinct DUAE, completed under the section "Selection criteria 'with the answer" Yes' or "No 'depending on whether the required conditions are met. The non-payment of that section or the addition of the" No' reply entails the rejection of the offer as unacceptable.

The supporting document proving the fulfilment of those assumed by the completion of the DUAE and to be submitted, at the request of the acquirer, only by the tenderer ranked 1st in the final ranking of the evaluation of tenders, is the finding certificate issued by the ONRC (National Office of the Trade Register) in the case of tenderers who are Romanian legal / natural persons.

The subject matter of the contract must have a corresponding number in the main or secondary CAEN code of the Observer Certificate issued by the ONRC. In the case of authorized natural persons, where appropriate, the operating authorization / other equivalent documents shall be submitted resulting in their competence to carry out the activities necessary for the performance of the contract.

Providers who are foreign legal / natural persons will present equivalent documents issued in the country of residence accompanied by an authorised translation into Romanian. The subject-matter of the contract must be corresponding in the fields of activity shown in the documents submitted.

The finding certificate issued by the ONRC shall also be submitted by supporters / third parties / subcontractors, as appropriate, who shall provide evidence that for the part of the contract they make they have the correspondent in the CAEN code of the ONRC certificate. The information contained in the certificate / equivalent documents must be real, valid and current at the date of its / their presentation. Note:

1. According to Article 53, paragraphs 2 and 3 of Law 98 / 2016, the acquirer has the right to request, and the economic operator has the obligation to communicate the identification data of the beneficial owners / beneficial owners of shares in bearer, where the form of organization of the economic operator offering / associate / third-party supporter / subcontractor to the procedure is by a public limited company, with social capital represented by shares in bearer.The legal representative of the economic operator, including associate / third supporter / subcontractor, shall submit a self-declaration concerning the holders / beneficial owners of the shares in the carrier under the penalties provided for in Article 326 of Law No 286 / 2009 on the Criminal Code, as amended and supplemented.
2. If there are uncertainties regarding the personal situation of an economic operator, the contracting authority may request information directly from the competent authorities.

Tenderers/associated tenderers/supporting third parties must demonstrate an average general (annual) turnover for the last 3 completed financial years, which must be at least equal to:

• 800,000.00 RON, excluding VAT, for Lot 1: Servers;
• 120,000.00 RON, excluding VAT, for Lot 2: Hardware server;
• 55,000.00 RON, excluding VAT, for Lot 3: License for SQL servers;
• 165,000.00 RON, excluding VAT, for Lot 4: License for ArcGIS Server; and
• 60,000.00 RON, excluding VAT, for Lot 5: License for ArcGIS Pro for Desktop. Values will be expressed in RON, without VAT. For calculating the RON-foreign currency equivalence, the annual average exchange rate published by the NBR for the last 3 years (calculated up to the tender submission deadline) will be used, available at: www.bnr.ro.Method of fulfillment: The ESPD will be completed by economic operators with the information relevant to their situation.The contracting authority has activated option A in the ESPD form: Global indication for all selection criteria, under the selection criteria section, this being the option in the ESPD to limit the requested information regarding the fulfillment by economic operators of all imposed selection criteria, which are found in the contract notice and the procurement documentation, to a single question in response to the requirements, namely whether all imposed criteria are met.Economic operators will respond with an affirmative answer (selecting the Yes option) or a negative one (selecting the No option).The supporting documents proving the fulfillment of the commitments made by completing the ESPD, which are to be submitted upon the request of the Contracting Authority only by the tenderer ranked first in the intermediate ranking drawn up at the completion of the tender evaluation after applying the award criterion, may be: accounting balance sheets / balance sheet extracts registered with the competent bodies, or any other equivalent documents (tax return, trial balance, etc.) issued by specialized bodies.In the case of foreign tenderers, equivalent documents issued in the country of residence shall be submitted, proving an average general (annual) turnover for the last 3 completed financial years, prepared in accordance with the legal provisions in force in the country of residence of the economic operator.The documents shall be submitted in legible copies, stamped and signed by the tenderer, accompanied by an authorized Romanian translation. The documents are uploaded to SEAP signed with an extended electronic signature, based on a qualified certificate issued by an accredited certification service provider, representing original documents.If several economic operators participate jointly in the award procedure, the fulfillment of the criteria regarding economic and financial capacity is demonstrated by taking into account the resources of all members of the group, and the contracting authority requires that they be jointly and severally liable for the execution of the public procurement contract.The economic and financial capacity of the economic operator may be supported in accordance with Art. 182, para. (1) of Law no. 98/2016 on public procurement, as amended and supplemented, regardless of the nature of the legal relationships between the economic operator and the respective third party/parties.Justification: By imposing a minimum level of global turnover, the contracting authority wants tenderers to demonstrate that their economic and financial situation allows them to mobilize the necessary resources and carry out activities of the complexity of those that are the subject of the contract, as well as to resolve any difficulties related to its performance, in the case of the tender declared winning.Furthermore, the reason why the contracting authority requested the submission of the turnover lies in the fact that it represents the fundamental indicator on the basis of which the performance recorded by the economic operator is…

The economic operator shall present the list of the main deliveries of similar products/equipment over the last 3 years, calculated up to the deadline set for the submission of tenders, showing that the tenderer has supplied similar products, under one or more contracts, with a value/cumulative value of at least:

• RON 800,000.00, excluding VAT, for Lot 1: Servers;
• RON 120,000.00, excluding VAT, for Lot 2: Hardware server;
• RON 55,000.00, excluding VAT, for Lot 3: License for SQL servers;
• RON 165,000.00, excluding VAT, for Lot 4: License for ArcGIS Server; and
• RON 60,000.00, excluding VAT, for Lot 5: License for ArcGIS Pro for Desktop. Similar products shall be understood as products of the same nature and complexity and/or superior in terms of complexity to those forming the object of the procurement. If the tender submission deadline is postponed, the period corresponding to similar experience shall be extended accordingly.Method of fulfillment: The ESPD shall be completed by economic operators with the information relevant to their factual situation.The contracting authority has activated in the ESPD form option A: Global indication for all selection criteria, under the selection criteria section, this being the option to choose in the ESPD to limit the information requested regarding the fulfillment by economic operators of all mandatory selection criteria set out in the contract notice and procurement documents to a single question in response to the requirements, namely whether all mandatory criteria are met.Economic operators shall answer affirmatively (by selecting Yes) or negatively (by selecting No). Supporting documents proving fulfillment of the commitments made by completing the ESPD, which are to be submitted, upon request of the Contracting Authority, only by the tenderer ranked first in the ranking established upon completion of the tender evaluation, after applying the award criterion, may include:
• contracts;
• acceptance certificates signed by beneficiaries;
• certificates of satisfactory performance / recommendations issued by the contract beneficiaries. Documents shall be uploaded to SEAP signed with an advanced/qualified electronic signature based on a qualified certificate issued by an accredited certification service provider, representing original documents.For supplies of products/equipment submitted as similar experience carried out outside Romania, the requested documents shall be submitted accompanied by an authorized translation into Romanian. For supplies of products/equipment submitted as similar experience expressed in currencies other than RON, the conversion shall be carried out at the average annual RON/currency exchange rate published by the NBR for the respective year.Where several economic operators participate jointly in the award procedure, fulfillment of the criteria regarding technical and professional ability is demonstrated by taking into account the resources of all members of the group, and the contracting authority requires that they be jointly and severally liable for the performance of the public procurement contract.Documents issued in a language other than Romanian shall be submitted accompanied by an authorized translation into Romanian.Justification: The imposed capacity criteria are intended to demonstrate the technical and organizational potential of each economic operator participating in the procedure, a potential that must reflect its concrete ability to perform the contract and resolve any difficulties related to its performance should its tender be declared successful.At the same time, given the high complexity of the contract, by introducing this requirement, the contracting authority ensures that the tenderer has performed similar supplies. In conclusion, we consider the imposition of this requirement to be justified, since only under these conditions can an evaluation of the tenderer's capacity to successfully complete the public procurement contr…