Software licenses for servers

The tenderer must declare whether it, or any relevant member of its management, governing or supervisory bodies or authorised representative, has a final conviction within the applicable period for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking. The grounds also cover failure to pay taxes or social security contributions; bankruptcy, insolvency, liquidation, suspended business activity or comparable situations; serious professional misconduct; competition-distorting agreements; conflicts of interest or involvement in preparing the procurement; serious or repeated breaches of previous contracts resulting in early termination, damages or comparable sanctions; false or misleading information, withholding information, failure to submit requested supporting documents, or improperly seeking confidential information; and breaches of environmental, social or labour obligations. The national grounds also include enabling the unlawful employment of foreign nationals, being subject to relevant international sanctions, and specified tax offences. The tenderer may be asked to provide details and, where applicable, evidence of measures taken to restore its reliability. The tenderer must also confirm that the contract would not breach applicable international sanctions. It must not involve prohibited sanctioned suppliers or subcontractors above the stated 10% threshold, and the offered goods must not be sanctioned or originate from sanctioned regions. Tax and social security debts are grounds for concern; under the stated national tax rules, a tax-debt certificate is not issued for debt below EUR 100 or where payment has been deferred.

The tender documents set out these participation and offer requirements: - The tenderer’s total turnover over the last three financial years preceding the start of the procurement must be at least EUR 480,000. - The tenderer must list at least three contracts for supplying Microsoft software licences, or equivalent products, of a comparable scope and nature, performed during the 36 months before the procurement was launched. The contracting authority may consider contracts performed up to 60 months earlier where necessary to ensure sufficient competition. For each contract, provide the software products and type, contract value, performance dates, customer name and contact details. The tenderer must have acted as the direct supplier or an authorised intermediary and must complete Annex 3 with the technical and professional capacity information. - Submit a completed Annex 3 application form; a declaration of conformity, report, conclusion, certificate or other valid document confirming that the proposed goods meet Ukraine’s technical regulation and conformity-assessment requirements and are duly certified; a manufacturer’s letter (or a letter from the manufacturer’s official representative in Ukraine) confirming the tenderer’s partner relationship; and evidence of the origin of the supplies and materials, such as certificates of origin or manufacturer declarations. - Submit an English-language certificate in free form confirming that the tenderer is not subject to the specified personal restrictive measures or sanctions. - The tenderer must meet the participation restriction in clause 5.3 of the Tender Requirements; the contents of that clause are not reproduced in the available document text. - The tenderer must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. It must also confirm that it will not use, for more than 10% of the contract value, subcontractors or suppliers that are Russian nationals, residents or entities established in Russia, are more than 50% owned by such persons or entities, or act on their behalf or under their direction. - If submitting a joint tender, the tenderers must appoint an authorised representative and include the power of attorney. The tenderer must identify any information claimed as a trade secret and explain why; tender prices and evaluation-related figures may not be designated as trade secrets. - The tenderer must confirm that the bid complies with the tender documents, that any claimed equivalence is explained and supported by evidence, and that the bid follows the required price-submission structure. Conditional bids are not allowed. The tenderer must also confirm that it will not engage a subcontractor that would have to be replaced under the applicable procurement rules. The available documents do not state the award criteria; check the official tender documents for the evaluation method and any further requirements.