Provision of backup software licenses

The subject of Lot No. 1 includes the provision of backup software licenses, described in detail by type, quantity and technical characteristics in the Contracting Authority's Technical Specification for Lot No. 1 - Appendix No. 1.1. The scope of the lot includes: - Backup software for 1 package (10 units per package) of virtual servers/guest operating systems - 20 units; - Backup software for 1 TB front-end licensed capacity - 50 TB. ​​The performance requirements are described in detail in the Contracting Authority's Technical Specification for Lot No. 1 - Appendix No. 1.1. **** • The deadline for providing the backup software licenses is up to 20 (twenty) working days from the date of receipt by the Contractor of a notification for secured funding, sent by the Contracting Authority and the submission by the Contractor of the performance guarantee, under the terms of the draft contract. • The validity period of the licenses and the provided software support under item II of the Contracting Authority's Technical Specification for Lot No. 1 - Appendix No. 1.1 is in accordance with the periods proposed by the participant in their offer, starting from the date of delivery, certified in the delivery acceptance protocol. **** In case the participant is not the manufacturer, they must be authorized by the manufacturer or its official representative to distribute/supply the offered products in the territory of the Republic of Bulgaria. The participant proves compliance with the requirement by attaching an authorization letter or other equivalent document, issued by the manufacturer or its official representative, in Bulgarian or accompanied by a Bulgarian translation, in their Technical Proposal. In cases where the participant in the public procurement submits an authorization letter from the official representative of the manufacturer (or equivalent document), an authorization letter issued by the manufacturer (or equivalent document in Bulgarian or accompanied by a Bulgarian translation), authorizing the official representative of the manufacturer to grant authorization to third parties, must also be attached to the offer. **** The authorization requirement at the offer submission stage is justified by the subject of the procurement 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 delays in the execution of the public procurement, as well as its termination. According to the conclusions of the Supreme Administrative Court, "the authorization requirement itself is not restrictive, as it guarantees 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 to authorize on behalf of the manufacturer" (Decision No. 10859 of 27.10.2021 of the SAC in administrative case No. 6546/2021, VII division). In the documentation, the authorization condition is set broadly, i.e., it is not limited solely to the equipment manufacturer, but also to any of its official representatives. A general authorization is required, not for a specific procedure, and the opportunity is provided for 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 public procurement is announced without secured funding, therefore the contract under Lot No. 1 of the public procurement will be concluded under a condition, in accordance with Art. 114 of the Public Procurement Act. The execution of the contract will commence after funding is secured by the CONTRACTING AUTHORITY, certified by a written notification sent by the CONTRACTING AUTHORITY to the CONTRACTOR and the submission by the Contractor of the determined...