Provision of licenses for the right to use and maintenance for DBMS - IBM INFORMIX ENTERPRISE EDITION for GD GRAO

PERFORMANCE PERIOD: - The period for providing the licenses is up to 15 working days from the date of entry into force of the contract. - The activities for providing the right to use and maintenance of the licenses are carried out for a period of 12 months from the date of provision. * The participant must be duly authorized by the software manufacturer or its official representative for the granted right to distribute/supply the offered software products in the territory of the Republic of Bulgaria. The performance requirements are described in detail in the Contracting Authority's Technical Specification for the designated position - Appendix No. 1.1. * The authorization requirement at the stage of submitting offers is justified by the subject of the order and serves as a guarantee for its timely and quality execution. 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 order, as well as its termination. According to the conclusions of the Supreme Administrative Court, "the authorization requirement itself is not restrictive, as it is a guarantee of the quality and reliability of the activity performed. In normal commercial practice, authorization is based on a contract, which can be directly with the manufacturer or with another economic entity authorized by the manufacturer". (Decision No. 10859 of 27.10.2021 of the SAC in administrative case No. 6546/2021 VIIo.). In the documentation, the condition for authorization is broadly stated, i.e., it is not limited solely to the manufacturer, but also to any of its official representatives. General authorization is required, not for a specific procedure, and the opportunity is given to any interested participant – partner, regardless of whether they are Bulgarian or foreign, to submit an offer, with the possibility of proving the aforementioned circumstance with an authorization letter or any other equivalent document that certifies compliance with the requirement. *** The participant must provide 210 licenses for IBM Informix Enterprise Edition CPU Option Processor Value Unit (PVU) for a 12-month period of use and maintenance.