VMware and Omnissa licenses and manufacturer support

M1) A tenderer shall be unsuitable if it does not possess reference(s) completed within the 3 years (36 months) prior to the dispatch date of the call for competition and commenced within a maximum of 6 years (72 months) prior to the dispatch date of the call for competition, performed in compliance with the contract(s) and regulations (taking into account Section 21/A of Government Decree 321/2015 (X. 30.)), involving software and covering the sale or renewal of subscription licenses related to VMware and Omnissa, or technically and functionally equivalent virtualization and digital workplace (EUC) solutions, containing the sale and/or renewal of at least 1,500 licenses in total for VMware—or equivalent—licenses, and at least 30 licenses (300 Concurrent Users) in total for Omnissa—or equivalent—licenses.

A reference shall be considered completed within 3 years (36 months) preceding the dispatch date of the call for competition if the date of completion falls within this period, taking into account the provisions of Section 21(1a)(a) of Government Decree 321/2015 (X. 30.). In accordance with the above, the Contracting Authority takes into account completions commenced within a maximum of 6 years and completed within 3 years counted from the dispatch date of the call for competition.

For reference work, the Contracting Authority understands the commencement date to mean the date of conclusion of the contract, or in the case of partial performance, the date of actual commencement of the partial performance. Joint tenderers may jointly comply with the prescribed suitability criteria [Section 65(6) of the Public Procurement Act (PPA)].

The tenderer may also satisfy the suitability criteria by relying on the capacity of any other entity or person, regardless of the legal nature of the relationship between them.

In this case, the capacity-providing entity must be indicated in the tender, alongside the designation of the relevant point of the contract notice specifying the suitability requirement for the verification of which the tenderer relies (or also relies) on the resources of said entity;

furthermore, the tender must include an undertaking from the capacity-providing entity in a contract, preliminary contract, or other form certifying that the resources necessary for the performance of the contract will be available during the term of contract performance. [Section 65(6)-(7) of the PPA] Pursuant to Section 1(1) and Section 5(1) of Government Decree 321/2015 (X. 30.), the Tenderer must include the European Single Procurement Document in its tender, in which it is sufficient to fill in Section “α” of Part IV—pursuant to Section 2(5) of the Government Decree, the Contracting Authority also accepts a simple declaration from the economic operator concerned for the preliminary verification of technical and professional suitability criterion M/1.

Pursuant to Section 1(2) of the Government Decree, the tenderer requested by the Contracting Authority to submit certificates on suitability criteria under Section 69(4)-(7) of the PPA must certify compliance with the prescribed suitability criteria in accordance with Chapter IV of the Government Decree, as follows: M/1.

To demonstrate compliance with the minimum technical suitability requirement under point M/1, the tenderer must, pursuant to Section 21(1)(a) of Government Decree 321/2015 (X. 30.), present its supplies corresponding to the subject matter of the procurement performed in compliance with the regulations and the contract within the three years (36 months) preceding the dispatch date of the call for competition and commenced within the six years (72 months) prior to the dispatch date of the call for competition, taking into account the provisions of Section 21(1)(a) and (1a)(a), Section 21/A, and Section 22(1)-(2) of the Government Decree.

The certificate issued by the other contracting party (reference certificate), or the reference declaration of the tenderer, must contain at …