Tenderers, third parties supporting and sub-contractors must NOT be included in the situations referred to in Articles 164, 165 and 167 of Law No nr.98/2016..
How to demonstrate the fulfilment of the requirement: The European Procurement Document (Single European Procurement Document) will be completed initially by the tenderer/tenderer/beneficiary/subcontractor, with the information relating to their situation, as the first proof of non-classification in exclusion situations and of compliance with the capacity requirements in accordance with the provisions of Articles 193 to 195 of Law No 98/2016, read in conjunction with Article 65 of H.G.395/2016.
The supporting documents proving that they have been fulfilled by completing the DUAE (Single European Procurement Document) shall be submitted, at the request of the contracting authority, only by the tenderer ranked first, after application of the award criterion, in accordance with Article 196 (2) of Law No 98/2016 on public procurement. To be completed by the economic operators participating in the award procedure with the information relating to their situation.
Economic operators participating on their own will fill in only one DUAE. Economic operators relying on the capacities of other entities (third parties/subcontractors) shall complete their own DUAE and a DUAE for each of the entities on which they are based.
Economic operators submitting the joint tender shall complete a DUAE for each of the members of the association, including its leader.
These documents may be:
Certificates establishing the absence of debts relating to the payment of taxes, duties or contributions to the consolidated general budget (local budget, state budget, etc.) valid at the time of presentation,
A judicial judge of the economic operator and of the members of the administrative, management or supervisory body of that economic operator, or of those having decision-making or control powers within it, as evidenced by the certificate of findings issued by the ONRC/instrument of incorporation,
— In the case, documents demonstrating that the economic operator may benefit from the derogations provided for in Articles 166 (2), 167 (2) and 171 of Law No 98/2016 on public procurement; other supporting documents, as appropriate. Tenderers participating in the award procedure individually or jointly with other economic operators, including in forms of temporal association set up for the purpose of participating in the award procedure, submitted third parties and sub-contractors declared must not be found in conflict of interest with any of the following persons who perform decision-making functions within the contracting authority as regards the organisation, conduct and completion of award procedures
Requirement for all lots
A Declaration on the avoidance of conflict of interests with DUAE by all participants in the award procedure (tenderer, associate, subcontractor and supporting party) — (Declaration regarding non-inclusion in Articles 59 and 60 of Law No 98/2016) shall be submitted. In accordance with Article 63 of Law No 98/2016, the persons with decision-making functions within the contracting authority, with regard to the organisation, conduct and completion of the award procedure, are: Marinescu Georgeta — Manager, Ec. Adriana Oprescu — Accounting Financial Director, Dr. Popescu Maria Marilena — Medical Director, Ref. Dragomir Constantin — Chief Procurement Officer, Ec. Tîrțău Mirona Cristina — Economist, C.J. Trandafir Ionela — Legal Adviser, Ec. Vișan Loredana — Economist.
Evaluation Committee:
EC. Oprescu Adriana — President with voting right Dr.Popescu Maria Marilena — Member of Ref. Dragomir Constantin — Member of Ec. Tîrțău Mirona Cristina C.J. Trandafir Ionela — Member (Ec. Vișan Loredana — reserve member)
— Other supporting documents as appropriate
Requirement for all lots.
Note: 1. The certificate on the payment of local taxes will be submitted both for the company’s premises and for all the tenderer’s sites/secondary premises.
2. The following documents will be submitted, once with DUAE: the firm commitment of the supporting third party resulting from the actual way in which its maintenance, the subcontracting agreement and/or the association agreement will materialise, as the case may be.
Requirement for all lots.
III.2.1.b) Capacity to pursue the professional activity
Requirement 1
Tenders, associates, third parties supporting and sub-contracting, as the case may be, for the part of the contract that he is actually going to fulfil must prove a form of registration under the conditions of the law of the country of residence, from which it is established that the economic operator is legally constituted, that it is not in any of the situations of cancellation of the constitution and that it has the professional capacity to carry out the activities covered by the contract.
The European Procurement Document (Single European Procurement Document) will be completed by economic operators participating in the award procedure, including for potential associations, third parties and subcontractors, with the information relating to their situation, in accordance with the provisions of Articles 193 to 195 of Law No 98/2016.
The supporting document proving the fulfilment of the commitments made by completing the DUAE (Single European Procurement Document), namely the certificate of findings issued by the National Trade Register Office (National Trade Register Office) or for foreign tenderers, an equivalent document issued in the country by the resident, is to be submitted, at the request of the contracting authority, only by the tenderer ranked in first place after application of the award criterion, to present the updated supporting documents in accordance with Article 196 (2) of the Law on public procurement.
Requirement for all lots.
Requirement 2 — Operating Notice issued by the Ministry of Health (NAMM) — (of the tenderer or economic operator that will carry out the activities) concerning the activities of import, storage and distribution of medical devices in accordance with the legal provisions on medical devices with subsequent amendments and supplements (in accordance with Article 3 of the Implementing Rules for Title XIX of Law No 95/2006 on health reform and Article 926 of Law No 95/2006, as republished, as amended) shall be updated and published. To be mentioned in the DUAE No and date of the Notice issued by the Ministry of Health.
Requirement for all lots. The documents must be VALABLE ON the date of presentation.
The European Procurement Document (Single European Procurement Document) will be completed by economic operators participating in the award procedure, including for potential associations, third parties and subcontractors, with the information relating to their situation, in accordance with the provisions of Articles 193 to 195 of Law No 98/2016.
The supporting documents proving that they have been fulfilled by completing the DUAE (Single European Procurement Document) shall be submitted, at the request of the contracting authority, only by the tenderer ranked first, after application of the award criterion, in accordance with Article 196 (2) of Law No 98/2016 on public procurement.
