The supply, implementation, and operationalization of integrated digital solutions for the digitization of public services within the project Implementation of digital solutions at the level of public services of the Sânpaul 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 it is not in any of the situations of cancellation of its constitution and that it has the professional capacity to carry out the activities covered by the contract.

How to demonstrate compliance with the requirement: The DUAE will be supplemented by the economic operators participating in the award procedure with the information related to their situation, i.e. the Section ("Part IV. Selection criteria") Paragraph ("A." The ability to meet the requirements / Registration in the business register ") answering the question" It is entered in one of the relevant business or commercial registers in the Member State in which it is established.

"The supporting document proving the fulfilment of those assumed by the completion of the DUAE, i.e. the finding certificate issued by the ONRC, or in the case of foreign legal / natural bidders, the equivalent documents issued in the country of residence translated into Romanian, are to be submitted, at the request of the contracting authority, only by the highest bidder in the ranking drawn up on completion of the evaluation of tenders.

Where parts of the contract will be provided by subcontractors, the proof of registration and correspondence of the principal / secondary activities within the contract with the subject-matter of the procurement shall also be submitted by subcontractors for the part of the contract they will perform. In the case of an association, each associate shall submit the necessary documents to demonstrate that it is authorised to carry out its part of the contract.

In the case of foreign legal entities, equivalent documents issued in the country of residence are required, in accordance with the law of the country of residence, accompanied by translation by an authorized translator in Romanian

The tenderers will declare the beneficial owner of the funds allocated to obtain data and information on the exante identification of the beneficial owner, in accordance with Article 3 (6) of Directive (EU) 2015 / 849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648 / 2012 of the European Parliament and of the Council and repealing Directive 2005 / 60 / EC of the European Parliament and of the Council and Commission Directive 2006 / 70 / EC.

How to demonstrate compliance with the requirement: The DUAE will be supplemented by the economic operators participating in the award procedure with the information related to their situation, i.e. the Section ("Part IV. Selection criteria") Paragraph ("A." The ability to meet the requirements / Registration in the business register ") answering the question" It is entered in one of the relevant business or commercial registers in the Member State in which it is established.

"After establishing the ranking of the tenders the evaluation committee will request the submission of the document containing the information on the beneficial owner of the funds allocated together with the supporting documents / evidence related to the information of the DUAE submitted by the highest bidder. The supporting document proving the fulfilment of those assumed by the completion of the DUAE and providing information on the beneficial owner of the allocated funds is:

1. for tenderers whose shareholders are natural persons or legal persons registered in Romania, an ONRC extract will be submitted.
2. for the tenderer / tenderers declared to be the winner (i) has / have in the shareholders structure foreign legal entities, the contracting authority shall collect from the tenderer a self-declaration given by the legal representative, as provided for in Article 326 of the Criminal Code on false declarations, which shall contain the data on the beneficial owners of foreign legal entities (at least the name, surname and date of birth), in accordance with Law 129 / 2019, with subsequent additions and amendments.
3. for foreign bidders registered outside Romania, they will submit supporting documents, certificates or other documents issued by the authority responsible for the data of the actual beneficiary in the country of the tenderer, together with the translation into Romanian, certified by authorised translators, under the conditions of the law.
4. for tenderers such as associations and foundations, the contracting authority shall collect from them an extract from the Ministry of Justice (National NGO Registry) on the beneficial owners of the association / foundation;where the association / foundation is a foreign entity or has real beneficiaries of foreign persons, the contracting authority shall collect from the tenderers a self-declaration given by the legal representative / president, as provided for in Article 326 of the Criminal Code on false declarations, which shall contain data on the beneficial owners of legal entities (at least the name, surname and date of birth), in accordance with Law 129 / 2019, with subsequent additions and amendments;Justification of requirements: Legal basis: Article 173, paragraph (1) of Law 98 / 2016 and Regulation (EU) 2021 / 241 of the European Parliament and of the Council establishing the Recovery and Resilience Mechanism as regards the protection of the Union's financial interests.

This Regulation shall be binding in its entirety and directly applicable in all Member States. In view of the provisions of Article 3 (6) of Directive (EU) 2015 / 849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648 / 2012 of the European Parliament and of the Council and repealin…

The tenderer (individual Economic Operator or association of Economic Operators) shall prove that it has properly provided services of the same nature and complexity, namely development, configuration, implementation, integration, testing, operationalisation, and/or maintenance services for digital solutions, IT systems, software platforms, IT applications, electronic service platforms, or integrated IT systems, or other types of services similar to the subject matter of this procurement procedure (e.g.: Digital solutions for public/private services), over the last 3 years with a cumulative value of at least RON 1,600,000 excluding VAT, a value that may be demonstrated by aggregating the values of the services provided across one or a maximum of 3 (three) contracts. For the purpose of this procedure:

1. The reference period – namely the last 3 years – will always be calculated backwards starting from the date specified in the contract notice (published at the launch of the procedure) as the deadline for tender submission – if the tender submission deadline is postponed, the period related to similar experience will be extended accordingly (by the number of postponement days).
2. Properly performed development, implementation, and integration services for digital solutions mean services provided by the Tenderer and accepted by the beneficiary, within the scope of the agreement/contract between the Tenderer and the beneficiary designated by it in the ESPD, and for which supporting documents certifying their completion have been issued, namely acceptance certificates, implementation reports, documents certifying the acceptance of services, delivery documents, or certificates of good performance. According to Instruction no. 2/2017, services successfully completed over the last 3 years mean:
   • IT solutions developed and implemented, which have been accepted by the beneficiary;
   • integrated and functional software systems delivered in accordance with the contractual requirements;
   • IT services (software development, configuration, integration, testing, and operationalisation) accepted based on supporting documents;
   • services for which documents exist showing at least the beneficiary, the nature of the services, the performance period, the value, and the fact that they were properly performed. Method of fulfillment: The designated partner/partners shall submit a distinct ESPD containing the requested information.In the ESPD, tenderers must declare that they "meet all the required selection criteria set out in the relevant notice or procurement documents referred to in the notice", through the response provided when completing the ESPD (appropriate checkmark) regarding "A: Global indication for all selection criteria" (requirement provided for in Art. 193(6) of Law no. 98/2016).The following supporting documents proving fulfillment of the requirement shall be submitted upon request of the contracting authority, only by the tenderer ranked first in the intermediate ranking established at the conclusion of the tender evaluation:
   • copies of relevant parts of the contracts they have performed;
   • recommendations;
   • acceptance certificates / documents certifying the acceptance of services / implementation reports drawn up under the submitted contracts, certifying that the services (software development, implementation, and integration of IT solutions) were performed in accordance with contractual requirements and successfully completed, and/or other documents indicating the following information: the beneficiary, nature and scope of services (relevant technical indicators for the implemented IT solutions), performance period (including contract conclusion date), and implementation environment/location;
   • certificates of good performance / documents certifying the acceptance of services showing the proper execution of the IT services (e.g., development, implementation, IT system integration);
   • performance certificates or other documen…

For example, the minimum qualification requirement, the tenderer has the right to invoke the support of a Supplying Third Party (TS), regardless of the nature of the existing legal relations between the Tender Economic Operator and TS whose capacities they use, as provided for in Article 182 and subsequently in L. 98 / 2016.

Modalitate de depl.: The tenderer will consult Part II of the DUAE: "Information on the economic operator, Section C: Information on the use of the capacities of other entities' for the provision of inf. requested in the DUAE form (reply).

The tenderer may invoke the support of an TS to demonstrate the extent. the minimum qualification requirement for" main services provided in coresp.r mode, "only when TS effectively provides the part of the Contract for which it grants the support, thus performing the role of Subcontr. If the Provider is based on Third Party Supporters for Demonstration. The minimum qualification requirement is" main services provided in a corisp manner.

"Then each TS must: i. remove. the minimum qualification requirement relating to" main services provided in coresp. '; ii. the requirements concerning the grounds for exclusion; ii. to be entered in a relevant professional or commercial register in the country where he is a worker. If the Bidder is based on Third Supporters to demonstrate the minimum qualification requirement, the Bidder must dov.

The Contracting Authority (AC) will have at its disposal the necessary resources by submitting a commitment "Commitment of the Support Party (unconditional commitment) to technical and professional support' To be taken into account in the qualification process, the TS Commitment must: i.be presented together with the Offer; i.e. to confirm that TS will make available to the Tender the resources invoked and necessary for the the provision of services as Sub-Count. ii.to ensure that if the Tenderer has difficulties while providing the Contract, TS undertakes to ensure the full and correct fulfilment of all obl.

Contr. assumed by the Provider through its direct involvement; iv.to include following.: a.a list and a description of the capacities that TS will make available to the Provider. the provision of services (as Subcount) and covering at least the levels / thresholds for the minimum requirement communicated in the contract notice; undertaken by Commitment and acting as Sub-Contr. of the Tenderer, including but not limited to planning and monitoring the flow of information, documents, resources and the like between TS as Subalt. and Offer.

If the Bidder exercises the right to use the capabilities of other Supporters to demonstrate the extent. the minimum requirement, then shall: i.submit, together with the Offer, by the deadline for submission of the Offer, following.: a.the commitment of TS (unconditional commitment) to technical and professional support of the Tender;

b.the Subcontracting Agreement / Agreements between the Tenderer and TS / Third Supporters who also perform / perform the role of Subcontractor / Subcontractors, while mentioning the proportion (percentage) of subcontracting in the Contract / Framework Agreement. c.One DUAE (response) separately for each Supplying Third Party whose capacities they use, containing the information required pursuant to Article 183 (2) of L.no.98 / 2016, AC requires only one time the Provider to replace TS / Supplying Third Parties on whose / whose capabilities are based for the purpose of the application. the minimum requirement relating to" main services provided in a coresp manner', using the conditions for participation in the procedure specified in the contract notice as a reference. included in the DUAE (reply) submitted by TS / Supporting third parties, the content of the TS Commitment and the evidence provided by the Tender as proof of inf.

included in the TS and DUAE Commitment (reply) of the Supplying Third Party (s) on which the Provider is based. If the tenderer relies on third partie…

The Association In the case of an Association, the fulfilment of the minimum technical and / or professional capacity requirements shall be demonstrated by taking into account the cumulative resources of the members of the Association.

Method of delivery: If an Economic Operator (Tenant) exercises the right to participate jointly with other Economic Operators in the award procedure pursuant to Article 53 of Law No 98 / 2016 in order to demonstrate that the minimum requirement is met, it shall: i. submit together with the Offer, up to the deadline for submission of tenders, the following: a. The Association Agreement; b. a separate DUAE (response) for each economic operator (individual tenderer, members of the Association, Subcontractors, Supporters third parties), jointly participating in the award procedure, complementing the requested information.

Subcontracting of the tenderer will specify the part (s) of the contract it intends to subcontract. Subcontractors whose capacity the tenderer is based on to demonstrate the fulfilment of the qualification criteria shall also be considered as supporting third parties, in which case the subcontracting agreement shall, at the same time, represent the firm commitment in which the model of Subcontracting Agreement in the Award Documentation will be respected.

Each subcontractor will also complete a separate DUAE form containing the requested information, together with the completed DUAE for each subcontractor, the subcontracting agreement will also be submitted. If an exclusion situation is identified, with corisp application. a. Article 170 (2) of L. 98 / 2016, Aut. Contract. asks the tenderer once to replace a subcontractor in respect of which it has resulted from the verification that he is in this situation.

Conf. provided for in Article 174 (1) of Law 98 / 2016, AC reserves the right to request the highest bidder after the award criterion to submit relevant information and documents relating to the technical and professional capacity of the proposed subcontractors, in respect of the part (s) of the contract they are actually to meet.

If it is not apparent from the information and documents submitted in accordance with the above request that the proposed subcontractor has the necessary technical and professional capacity for the part (s) of the contract to be removed. effective, in the context of: by Article 174 (2) of L. No 98 / 2016, AC rejects the proposed subcontractor and requests the tenderer to replace it once and to present another subcontractor with the necessary technical and professional capacity for the part (s) of the contract that he / she is to actually / to perform.

Method of implementation: The tenderers will present in SEAP, together with the tender, the subcontracting agreement / agreements concluded between the tenderer and the subcontractor / subcontractors nominated / nominated in the tender from which the part / parts of the contract that the tenderer is to subcontract, the percentage of the contract value that will be fulfilled by the subcontractors and the recognition dates of the proposed subcontractors, if the latter are known at the time of submission of the tender.

Doc.justif. which proposes those assumed in the agreement / agreements will be submitted, at the request of the AC, only by the highest bidder following the application of the award criterion. The subcontracting agreement / agreements will / will be signed with extended electronic signature, based on a qualified certificate, issued by an accredited certification service provider under the law.

They shall contain at least the following elements: names, contact details, legal representatives of the subcontractor; activities to be subcontracted; percentage subcontracting; option to make payments directly to the subcontractor.

Where the subcontractor is also a supporting third party, the subcontracting agreement will necessarily include the minimum clauses contained therein. The mere rental of …