Bulgaria – Switchboards – “Provision of a license for the right to use and software support of a virtual telephone exchange for 36 months for the needs of the Commission for Personal Data Protection (CPDP)”

Opportunity description

The performance requirements are described in detail in the CONTRACTING AUTHORITY'S Technical Specification – Annex No. 1.​​​​​ The performance requirements are described in detail in the CONTRACTING AUTHORITY'S Technical Specification – Annex No. 1.​​​​​ *** Performance period: - Period for providing the license for the virtual telephone exchange – up to 10 (ten) working days from the date of receipt of a notification of secured financing sent by the Contracting Authority. - Period of technical support for the provided license for the virtual telephone exchange – 36 (thirty-six) months from the date of provision. *** The tenderer must be duly authorized by the manufacturer or its official representative for the right to distribute/supply and provide support for the products offered within the territory of the Republic of Bulgaria. *** The authorization requirement imposed at the tender submission stage is justified by the subject matter of the procurement and constitutes a guarantee of its timely and high-quality performance. If a contractor is selected and is refused authorization by the manufacturer, this may result in a delay in the performance of the public procurement contract, as well as its termination. According to the conclusions of the Supreme Administrative Court, “the authorization requirement is not in itself restrictive insofar as it is a guarantee of the quality and reliability of the activity performed. In customary commercial practice, authorization takes place on the basis of a contract, which may be directly with the manufacturer or with another economic operator empowered to grant authorization on behalf of the manufacturer.” (Decision No. 10859 of27.10.2021 of the SAC in administrative case No. 6546/2021, VII Division). In the documentation, the authorization condition is formulated broadly, i.e. it is not limited solely to the manufacturer, but also includes any of its official representatives. General authorization is required, rather than authorization for a specific procedure, and every interested tenderer – partner, regardless of whether it is a Bulgarian or foreign person, has been given the opportunity to submit a tender, with the possibility of proving the above circumstance both by means of an authorization letter and by any other equivalent document certifying compliance with the stated requirement. Procedure: open. Estimated value: 3,670 EUR. Review the original TED notice for the complete requirement, lots, amendments and attachments.