1.1 The participating economic operators (sole tenderer, leader, partner, supporting party, subcontractor) must NOT be included in the situations referred to in Articles 164, 165 and 167 of Law No 98/2016.
1.2 The participating economic operators (sole tenderer, leader, partner, supporting party, subcontractor) must NOT be included in the situations referred to in Articles 58 to 63 of Law No 98/2016.
Means of meeting:
I. In order to demonstrate compliance with this requirement, information relating to their situation shall be completed by the economic operators participating in the award procedure. The supporting documents proving that they have been fulfilled by the DUAE are to be submitted at the request of the contracting authority, at any time during the procedure (all or part of the documents), if this is necessary to ensure that the procedure is properly carried out (Article 196 (1) of Law No 98/2016) or, prior to the award of the contract, by the tenderer ranked in first place at the end of the evaluation of the tenders (in conjunction with Article 2 of Article 196 of Law No 98/2016).
Enquiry No 1 — failure to comply with Article 164 of Law No nr.98/2016.
The economic operator (individual bidder, member of an association, subcontractor, third party subcontractor) or any person who is a member of the board/body responsible for its administration, management or supervision or who has powers of representation, decision making or control within it was not in any of the situations referred to in Article 164 (1) of Law No 98/2016 concerning exclusion grounds relating to criminal convictions.
Supporting documents: The criminal record of the economic operator and of the members of the administrative, management or supervisory body of that economic operator, or of those having powers of representation, decision-making or control within it, as shown in the certificate of findings issued by the ONRC/memorandum of association, or other equivalent documents issued by the competent authorities issued by the country concerned, in the case of foreign tenders.
The supporting documents proving that they have been met with the completion of the DUAE shall be submitted at the request of the contracting authority, at any time during the procedure (all or part of the documents), if this is necessary to ensure that the procedure is properly carried out (cf. Article 196 (1) of Law No 98/2016) or, prior to the award of the contract, only by the tenderer ranked in first place at the end of the evaluation of the tenders (cf. Article 66 (196) of Law No 98/2016).
Enquiry No 2 — failure to comply with Article 165 in conjunction with Article 166 of Law No nr.98/2016.
The economic operator (sole tenderer, leader, partner, supporting third party, subcontractor) or any person who is a member of the board/body responsible for its administration, management or supervision or who has powers of representation, decision making or control within it was not in any of the situations referred to in Article 165 in conjunction with Article 166 of Law No nr.98/2016, concerning exclusion grounds relating to criminal convictions.
In the situation referred to in Article 165 of Law No 98/2016 on public procurement, economic operators shall be excluded from the procedure applied for the award of the public procurement contract.
Supporting documents:
Certificates of tax certification for legal persons concerning obligations to pay to the consolidated budget (state budget, local budget) in original or copy of the original, 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 of Law No 98/2016, read in conjunction with Article 66 of Government Decision No 395/2016.
Documents demonstrating that economic operators may benefit from derogations provided for in Articles 166 (2), 167 (2) and 171 of Law No 98/2016 on public procurement, where appropriate.
The supporting documents proving that they have been met with the completion of the DUAE shall be submitted at the request of the contracting authority, at any time during the procedure (all or part of the documents), if this is necessary to ensure that the procedure is properly carried out (cf. Article 196 (1) of Law No 98/2016) or, prior to the award of the contract, only by the tenderer ranked in first place at the end of the evaluation of the tenders (cf. Article 66 (196) of Law No 98/2016).
Requirement: Tax certificates must show that the economic operator has no outstanding debts at the time of presentation or the amount of such debts falls within the thresholds laid down in Article 166 (2) of Law No 98/2016 on public procurement.
The economic operator will not be excluded from the award procedure when the amount of taxes, duties and contributions to the consolidated general budget (state budget, local budget) due and outstanding, fulfils one of the following conditions: Is less than 10.000 lei;
Enquiry No 3 — failure to comply with Article 167 of Law No nr.98/2016. The economic operator (sole tenderer, leader, partner, supporting third party, subcontractor) or any person who is a member of the board/body responsible for its administration, management or supervision or who has powers of representation, decision making or control within it was not in any of the situations referred to in Article 167 of Law No nr.98/2016..
In the situations referred to in Article 167 of Law No 98/2016 on public procurement, economic operators shall be excluded from the procedure applied for the award of the public procurement contract.
Declaration of failure to register in accordance with Article 167 of Law No nr.98/2016. The supporting documents proving that they have fulfilled their obligations by completing the FIE shall be submitted at the request of the contracting authority, at any time during the procedure (all or part of the documents), if this is necessary to ensure
the proper conduct of the procedure (cf. Article 196 (1) of Law No 98/2016) or, prior to the award of the contract, only by the tenderer ranked first on completion of the evaluation of the tenders.
Enquiry No 4 — failure to comply with Article 60 of Law No 98/2016 on public procurement
Inclusion in the situations referred to in Article 60 of Law No 98/2016 on public procurement shall lead to the exclusion of the tenderer from the procedure applied for the award of the public procurement contract.
The sole tenderer/Linked Tender/Subcontractor/Assisting Third Party must submit a ‘Declaration on non-classification under Article 60 (1) of Law No 98/2016’, and will necessarily be sent together with DUAE, via SICAP Modality of completing DUAE
Declaration in accordance with Article 60/Legea 98/2016 to be submitted by all participants in the procedure together with DUAE persons having a decision-making function:
Calin Mircea Laza-Manager
Nicolae Ipate — Financial Director for Accounting
Nicusor DINCULESCU — Head of Technical Service
Ioana ANDREI — Sef Calculation Management Service
Ionut SOARE — Section ATI
Adelina NEGRU — Sef Procurement Service
Tania NOATA — Ref.Procurement Service
Note 1:
In accordance with Article 168 of Law No 98/2016 on public procurement:
(1) The contracting authority has the obligation to accept that it is sufficient and relevant to demonstrate that the tenderer is not covered by one of the situations referred to in Articles 164, 165 and 167, any document considered to be exhaustive, from that point of view, in the country of origin or in the country in which the tenderer is established, such as certificates, criminal records or other equivalent documents issued by the competent authorities of the country concerned.
(2) Where in the country of origin or in the country where the tenderer is established, no documents of the kind referred to in paragraph (1) are issued or the documents do not cover all the situations referred to in Articles 164, 165 and 167, the contracting authority is obliged to accept a declaration on its own responsibility or, if there are no legal provisions in that country relating to the declaration on its own responsibility, an authentic declaration before a notary or a notary.
Note 2:
In accordance with ANAP Notification No 256/08.12.2016 and ANAP Notification No 258/18.05.2017:
1.Failure to submit DUAE at the same time as the tender (including for the sustinator/subcontractor, if applicable) leads to its rejection as unacceptable.
2.The following documents shall 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.
The failure to submit them with DUAE constitutes a basis for requesting clarifications for possible inconsistencies in the form of the information contained in the sections of DUAE, both of the tenderer/candidate and of the subcontractor/third party supporting it, which is necessary to ensure that the award procedure is properly carried out.
Requirement 1
The participating economic operators (sole tenderer, leader, partner, supporting third party, subcontractor) submitting the tender must prove a form of registration under the conditions of the law of the country of residence, from which it would reconsider that the economic operator is legally constituted, that it is not in any form of... details on www.e-licitatie.ro