Tenders Are Invited For Database And Operating Software Package - Provision Of Licenses For Continuing The Right To Use And Support A Red Hat Software Product For The Needs Of The National Insurance Institute (Nii)

Database And Operating Software Package - Provision Of Licenses For Continuing The Right To Use And Support A Red Hat Software Product For The Needs Of The National Insurance Institute (Nii). The Subject Of The Public Procurement Includes The Provision Of Licenses For The Continuation Of The Right To Use And Support The Red Hat Software Product For The Needs Of The National Institute Of Public Health, Namely: 4 Units Of Red Hat Openshift Container Platform (Bare Metal Node), Standard (1–2 Sockets, Up To 128 Cores). The Requirements For The Implementation Are Described In Detail In The Technical Specification Of The Contracting Party - Appendix No. 1. *** The Participant Must Be A Person Duly Authorized By The Software Manufacturer Or By His Official Representative To Be Granted The Right To Use And Maintain The Offered Software Products On The Territory Of The Republic Of Bulgaria. *** The Requirement For Authorization At The Tender Submission Stage Is Justified By The Subject Of The Order And Represents A Guarantee For Its Timely And High-Quality Performance. In The Event That A Contractor Is Selected Who Is Denied Authorization By The Manufacturer, This May Lead To A Delay In The Execution Of The Public Procurement, As Well As To Its Termination. According To The Conclusions Of The Supreme Administrative Court, The Requirement For Authorization In Itself Is Not Restrictive, Insofar As It Is A Guarantee Of Quality And Reliability Of The Activity Performed. In Usual Commercial Practice, Authorization Is Based On A Contract, Which Can Be Directly With The Manufacturer Or With Another Economic Entity Authorized To Authorize On Behalf Of The Manufacturer. (Decision No. 10859 Of 27.10.2021 Of The Supreme Administrative Court Under Adm. D. No. 6546/2021, Vii O.). In The Documentation, The Authorization Condition Is Set Expansively, I.E. It Is Not Limited Only To The Equipment Manufacturer, But Also To Any Of Its Official Representatives. A General Authorization Is Required, Not For A Specific Procedure, And Every Interested Participant-Partner, Regardless Of Whether It Is A Bulgarian Or A Foreign Person, Is Given The Opportunity To Submit An Offer, With The Opportunity To Prove The Above-Mentioned Circumstance, Both With An Authorization Letter And With Any Other Equivalent Document That Certifies Compliance With The Set Requirement. *** Individuals Or Legal Entities That Fall Within The Scope Of Art. 5K, Par. 1 Of Regulation (Eu) No. 833/2014, Do Not Have The Right To Participate In This Procedure. The Absence Of This Ground For Removal Is Certified By Filling Out And Signing A Relevant Declaration, A Sample Of Which Is Available In The File In The Cais Eop. Reason For Applying The Requirement: According To Art. 5K, Par. 1 Of Regulation (Eu) No. 833/2014 It Is Prohibited To Award Or Continue To Perform Any Public Procurement Or Concession Contracts Falling Within The Scope Of The Public Procurement Directives.... The Above Means That Regulation (Eu) No. 833/2014 Should Be Applicable In Every Case When Public Procurement Is Carried Out With A Value Above The So-Called The European Thresholds, Regulated In Art. 4 Of Directive 2024/24/Eu, Updated By Delegated Regulation (Eu) 2023/2495 Of The Commission. On The Other Hand, By Argument From Art. 3, § 4 Of Dir