The acquisition of IT services for the provision of a SaaS platform, based on an annual access fee, for the analysis of online audiovisual content

The tenderer, as well as, in the case of a joint venture, each member of the joint venture, must prove a form of registration, under the legal provisions of the country of residence, showing that the economic operator is legally established, that it is not in any of the situations of annulment of its establishment, and that, in accordance with the legislation of the country in which it is established, it has the right to provide the services that are the subject of the procurement.

The requirement applies to the part of the contract that each member of the joint venture performs. The documents must be valid and reflect the reality at the time of submission. The proof of the form of registration is provided "in accordance with the legal requirements of the country in which the economic operator is established", pursuant to Art. 173 para. (1) of Law no. 98/2016. Proposed subcontractors are not subject to participation requirements, pursuant to Art. 172 para. (4) of Law no. 98/2016.

Proposed subcontractors shall complete a separate ESPD with the information regarding the absence of the exclusion grounds provided for in Art. 164, 165, and 167 of Law no. 98/2016, pursuant to Art. 170 para.

1. and (3), and, where the tenderer relies on their capacity, with the relevant information regarding the capacities invoked. The contracting authority takes into account the technical and professional capacity of the proposed subcontractors for their part of involvement in the contract.The contracting authority does not require the subcontractor to demonstrate the correspondence of its main or secondary activities with the subject matter of the procurement.If the submitted documents do not show that the proposed subcontractor possesses the necessary capacity for the part of the contract it is effectively to perform, the contracting authority shall request the tenderer, only once, to replace the subcontractor, pursuant to Art. 174 para.
2. of Law no. 98/2016; a similar procedure applies when an exclusion situation is identified, pursuant to Art. 170 para. (2) of the same law. Non-existence of a regulated activity. The provision of the services that are the subject of this procurement is not reserved for a specific profession and does not require holding a special authorization or belonging to a specific professional organization.Consequently, the contracting authority does not formulate requirements under Art. 173 para. (2) of Law no. 98/2016 and does not require registration in a professional register distinct from the trade register or the equivalent register in the country of establishment. Form of organization. Pursuant to Art. 52 para.

1. of Law no. 98/2016, "Economic operators that, under the legislation of the state in which they are established, have the right to provide a certain activity included in the subject matter of the procurement cannot be rejected solely on the ground that, under the legislation of the Member State in which the contract is awarded, they are required to be natural or legal persons." Prior registration with the National Trade Register Office or holding a permanent establishment in Romania on the tender submission date is not required.Method of fulfillment. For the preliminary fulfillment of the requirement, the ESPD, Part IV "Selection criteria", Section A "Suitability", shall be completed by the tenderer and by each member of the joint venture. Supporting third parties and proposed subcontractors shall complete a separate ESPD with the information related to their situation, pursuant to Art. 193 para.
2. and (3) of Law no. 98/2016. The contracting authority will request, pursuant to Art. 196 para. (2) of Law no. 98/2016 and Art. 132 para. (2) of G.D. no. 395/2016, exclusively from the tenderer ranked first, the supporting document proving the fulfillment of the commitments made by completing the ESPD, namely: - the trade register extract/certificate of status issued by the National Trade Register Office,…

Information and / or minimum level (s) required for assessing compliance with the requirements mentioned: The average annual turnover for the reference years 2023, 2024 and 2025 of the tenderer shall be at least 1,200,000 lei or the equivalent of the amount in another currency. MODALITY OF COMPLETE.

Each economic operator (single bidder, associate bidder, supporting third party) will complete the relevant fields of the DUAE, Part IVa "Selection criteria ', Section B" Economic and financial capacity', heading "Annual average turnover ', indicating the reference years and value.

Where the tenderer is an association, the requirement shall be deemed to be met by summing up the annual average turnover of all members of the association, covering the reference years 2023, 2024 and 2025, according to Article 185 (1) of Law No 98 / 2016.

If the tenderer demonstrates that the criteria relating to the economic and financial situation are met based on the capacities of other entities, invoking the support of a third party, the DUAE, together with the firm undertaking to support it, must also be completed separately by the supporting third party (s) on whose capacity the tenderer is based.

With the support undertaking, the tenderer is required to submit the documents submitted to him by the supporting third party," resulting in the actual way in which the drying third party / third party / supporters will / will ensure the fulfilment of its own support undertaking, which will be annexed to that undertaking', according to Article 182 (4) of Law No 98 / 2016. The documents shall be loaded into SEAP together with the firm commitment and the offer.

The contracting authority will request, pursuant to Article 196 (2) of Law No 98 / 2016 and Article 132 (2) of H.G. No 395 / 2016, excluding the highest bidder, the supporting documents proving the fulfilment of those assumed by the completion of the DUAE, i.e.:

1. annual financial statements or extracts from the financial statements,
2. other edifying documents issued by specialised bodies confirming the level of turnover entered in the DUAE, In order to demonstrate the fulfilment of the minimum requirement for economic and financial capacity, any bidder shall, under the law:
   1. jointly participate with other economic operators in the award procedure, under the terms of Article 53 of Law No 98 / 2016, in which case the requirement is met by cumulation;
   2. to invoke the support of one or more third parties and to use their capacities to meet the minimum requirement, irrespective of the nature of the existing legal relations between the bidding economic operator and the entity whose capacity they use under Article 182 (1) of Law No 98 / 2016. Non-resident economic operators shall submit documents in accordance with Article 168 of Law No 98 / 2016.For a uniform assessment of the fulfilment of the requirement, for documents presented in another currency, the calculation of equivalence shall be applied at the average annual rate of lei / currencies communicated by the National Bank of Romania for the reference financial year

Information and/or minimum level(s) required for assessing compliance with the specified requirements: For service procurement contracts: performance of services of the specified type Selection criterion: References concerning specified services Method of fulfillment: The tenderer (sole economic operator, members of the joint venture together, or, as applicable, the supporting third party) must prove that, within the last 3 years calculated up to the tender submission deadline, it has performed at least one similar contract / project / service.

By similar contract / project / service is meant a contract whose subject matter was the provision, under a hosted software service model made available to a beneficiary or equivalent, of automated processing services for large volumes of data or digital content, including at least one data collection or ingestion component and one analysis or reporting component. The solution must have been commissioned and actually used by the end beneficiary.

The analyzed data may come from internal sources, external sources, or both categories. By beneficiary, within the meaning of this requirement, is meant the public or private entity to which the services were provided, regardless of whether it is a contracting authority or not; documents issued by public beneficiaries and private beneficiaries alike are accepted, pursuant to art. 179 let. b) of Law no. 98/2016. Service contracts partially carried out during the reference period.

According to art. 13 para. (3) of ANAP President's Instruction no. 2/2017, in the case of service contracts, once the document confirming the acceptance of the services during the reference period has been submitted, the evaluation committee takes into account "the entire value/quantity covered by the respective document […] without artificially excluding from the calculation values/quantities of services […] corresponding to months/years outside the target time frame".

The last 3 years are calculated retroactively from the tender submission deadline set by the contracting authority in the contract notice, with the mention that the calculation method of the period will not be affected by any postponements of the deadline stipulated in the published contract notice. METHOD OF FULFILLMENT.

For the preliminary fulfillment of the requirement, each economic operator (sole tenderer, associated tenderer, supporting third party) will complete the ESPD, Part IV "Selection criteria", Section C "Technical and professional ability", the field "For service procurement contracts: performance of services of the specified type", with the information describing their level of experience, in relation to services provided in the past, corresponding to the requirements of the contracting authority.

The ESPD shall state: the number and date of the contract invoked as similar experience; its beneficiary and contact details; the subject matter of the contract; the implementation period; the date and number of the acceptance/completion document; the value of similar services provided; as well as, if applicable, the share and activities for which the economic operator was responsible.

The contracting authority will request, pursuant to art. 196 para. (2) of Law no. 98/2016 and art. 132 para. (2) of Government Decision no. 395/2016, exclusively from the first-ranked tenderer, the following supporting documents proving the fulfillment of the commitments made by completing the ESPD, issued or countersigned by the beneficiary:

• acceptance documents (handover-acceptance minutes, certificates of completion/finding documents, interim/final acceptance minutes, acceptance reports);
• contract excerpts;
• other equivalent documents showing the name of the Service Provider and the Beneficiary, the contract performance period, and the date of acceptance of similar services. The enumeration is neither cumulative nor limitative; the contracting authority does not impose a specific format for the documents a…

Information regarding the part of the framework agreement that the economic operator intends to subcontract The tenderer shall specify the part or parts of the framework agreement that it intends to subcontract, the corresponding percentage, and the identification data of the proposed subcontractors, pursuant to Art. 179 let. k) of Law no. 98/2016. Proposed subcontractors are not subject to participation requirements, pursuant to Art. 172 para. (4) of Law no. 98/2016.

The contracting authority verifies the absence of exclusion grounds in relation to the proposed subcontractors, pursuant to Art. 170 para. (1), and takes into account their technical and professional capacity for their part of involvement in the contract. Method of fulfillment.

The tenderer fills in the ESPD with the information regarding the part of the contract to be subcontracted, pursuant to Art. 193 para. (3) of Law no. 98/2016, and attaches the subcontracting agreement (Form no. 10), along with the declaration regarding the part/parts of the framework agreement that are performed by subcontractors and their specialization (Form no. 3).

The subcontracting agreement includes: the identification data of the parties; the subcontracted part or parts of the contract, with the description of the activities; the subcontracted percentage; the subcontractor's option to be or not to be paid directly by the contracting authority. Subcontractors on whose capacity the tenderer relies shall complete a separate ESPD, with all the information provided for in Art. 193 para. (1) let. a)–c) of Law no. 98/2016.

Subcontractors on whose capacity the tenderer does not rely shall complete a separate ESPD only with the information provided for in Art. 193 para.

1. let. a) of the same law. Replacement of the subcontractor. If an exclusion situation is identified in connection with a proposed subcontractor, with the corresponding application of Art. 171 of Law no. 98/2016, the contracting authority shall request the tenderer, only once, to replace the respective subcontractor, pursuant to Art. 170 para. (2).If the submitted information and documents do not show that the proposed subcontractor has the technical and professional capacity necessary for the part of the contract it is effectively to perform, the contracting authority shall reject the proposed subcontractor and request the tenderer, only once, to replace it, pursuant to Art. 174 para.
2. of the same law. Direct payment.Pursuant to Art. 218 para. (1) of Law no. 98/2016, the contracting authority "shall make payments corresponding to the part/parts of the contract performed by the subcontractors proposed in the tender, upon their request [...] if the proposed subcontractors have expressed their option in this regard." The option is expressed at the time of concluding the contract or at the time of introducing the subcontractor into the contract, pursuant to Art. 218 para. (2).When a subcontractor expresses its option to be paid directly, the framework agreement and the subsequent contract shall contain the mandatory clauses regarding the statutory transfer of payment obligations to the subcontractor, pursuant to Art. 218 para. (3).In this case, the subcontracting agreement includes, in an annex, the option regarding direct payment, the subcontractor's bank account, and the amount corresponding to the activities for which the option is expressed. Introduction of new subcontractors during execution.The contractor has the right to involve new subcontractors during the execution of the contract, provided that their nomination does not represent a substantial modification of the contract, under the conditions of Art. 221 of Law no. 98/2016, pursuant to Art. 219 para. (3). The contractor shall transmit the information regarding the new subcontractors to the contracting authority and obtain its agreement, pursuant to Art. 219 para. (4). Upon replacing or introducing new subcontractors after the award, they shall submit the c…