VMware Cloud Foundation subscription related to Dell VxRail infrastructure

Requirements: Economic operators submitting tenders must prove a form of registration under the law of the resident country, showing that the economic operator is legally constituted, that it is not in any of the situations of annulment of the constitution, and that it has the professional capacity to carry out the activities covered by the public contract. The requirement shall also apply to subcontractors, which shall supplement the information related to their situation at the level of a separate DUAE.

Method of implementation: The DUAE will be supplemented by economic operators participating in the procurement procedure with the information requested by the contracting authority - information on the fulfilment of the requirements for the ability to pursue the professional activity.

A. 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 bidders of foreign legal / natural persons, the equivalent documents issued in the country of residence, translated into Romanian, shall be submitted, at the request of the contracting authority, at any time during the course of the award procedure, if necessary to ensure the proper conduct of the procedure in accordance with the provisions of Article 196 (1) of Law No 98 / 2016 on public procurement, with subsequent amendments and additions, or only by the tenderer whose tender has been declared admissible and ranked in the first place in the intermediate ranking drawn up in the assessment of the tender pursuant to Article 196 (1) of the Law on the subsequent amendments, respectively.

B. Where parts of the contract will be executed by subcontractors, proof of registration and correspondence of the principal / secondary activities within the contract with the subject-matter of the procurement will also be submitted by subcontractors for the part of the contract they will perform. Note: The information contained in the documents requested above must be real / current at the date of presentation.

A. Where the tenderer intends to subcontract part / parts of the contract, the DUAE shall also include information on the part of the contract to be possibly subcontracted and shall have attached the subcontracting agreement and the identification data of the proposed subcontractors if they are known on the date of submission of the tender.

B. Subcontractors on whose capacity the tenderer is based shall in turn complete the DUAE separately, including the information referred to in Article 193 (1) (a) of Law No 98 / 2016 on public procurement, with subsequent amendments and additions.

C. In the case of subcontractors on whose capacity the tenderer is not based, the DUAE shall contain only the information referred to in Article 193 (1) (a) of Law No 98 / 2016 on public procurement, as amended and supplemented, as well as those referred to in Article 193 (1) (b) and (c) which are relevant in the light of the capacity of the subcontractors on which the tenderer is based under that award procedure. Note:

1. Failure to submit the subcontracting agreement shall constitute the basis for requesting clarifications for any formal inconsistencies of the information contained in the subcontractor's DUAE sections, this being necessary to ensure the proper conduct of the award procedure.
2. Where it is not apparent from the information and documents provided in Article 219 (1) of Law No 98 / 2016 on public procurement, as amended and completed, that the proposed subcontractor has the technical and professional capacity required for the part (s) of the contract to be actually fulfilled, the contracting authority shall reject the proposed subcontractor and shall request the tenderer to replace it once and to submit another subcontractor with the technical and professional capacity necessary for the part (s) of the contract that he is actually to perform, with the contractor remaining sole responsible for the performance in time and the promised quality of the contract.
3. Subcontractors proposed shall comply with the same obligations as tenderers, in the field of environment, social and labour relations, established by the legislation adopted at European Union level, national law, collective agreements or international treaties and agreements in these areas, provided for in the award documentation.