Hungary – Command, control, communication and computer systems – HM Válságreagáló Rendszer (HM VRR)

Procurement contract „HM Crisis Response System (HM CRS)” Total Quantity: Procurement of communication-informatics and information security tools and services necessary for the establishment of the HM Crisis Response System, development of the sub-network infrastructure and completion of the design tasks necessary for their implementation. The detailed requirements relating to the subject and quantity of the procurement are contained in the Technical Description forming part of the Tender Documentation. Continuation from the Exclusion Grounds (GR-Procedure-ExclusionGrounds) cell: - The exclusion grounds according to Sections (1)-(4) of Vbt. 129 will be checked during the procedure by AK with the involvement of the Constitutional Protection Office (hereinafter: CPO). - Based on Section 46 (4) of Vbt., RJ must declare in writing in its tender submission that there are no exclusion grounds according to Sections 45 (1) and (2), 128 (1), and 129 (1)-(4) of Vbt. in relation to RJ and the participating economic operator involved in the proof of suitability. - RJ shall submit a declaration pursuant to Section 51 (8) of Vbt. stating that it does not use a subcontractor falling under the exclusion grounds according to Sections 45 (1)-(2), 128 (1), and 129 (1)-(4) of Vbt. for the performance of the contract. - Pursuant to Section 116 of Vbt., only an economic operator listed in the register led by the CPO may participate in the procurement procedure as a tenderer, bidder, subcontractor, or key subcontractor, with the exceptions set out in Section 117 (2)-(5). The register includes a) economic operators with TBT as defined in the Mavtv., b) economic operators who have passed the preliminary qualification according to Section 118 of Vbt., and c) economic operators who have passed the qualification related to the procurement procedure according to Section 119 of Vbt. Pursuant to Section 129 (1) of Vbt., AK must exclude from the procedure an RJ a) who is not listed in the register and has not submitted the duly completed data sheets and declarations in the template prescribed by a separate legal regulation for the purpose of initiating the qualification related to the procurement procedure by the tenderer, b) who has not been listed in the register as a result of the qualification examination related to the procurement, c) who has not submitted the data sheets and declarations completed by the subcontractor in the template prescribed by the ministerial decree issued on the basis of the authorisation of this Act for the purpose of initiating the qualification of the subcontractor related to the procurement procedure by the tenderer in relation to an economic operator not listed in the register and intended to be involved as a subcontractor, or d) in whose case the national security service has established the existence of a national security risk factor or a security risk factor endangering the proper functioning of the national security service in relation to the procurement procedure in question during the supplementary examination. Pursuant to Section 117 (2) of Vbt., the tenderer prescribes that the condition for sending the summary closing the tendering phase is the registration of the tenderer and its key subcontractor. Accordingly: a) The tenderer shall declare whether it, and if relevant, its key subcontractor, is listed in the register. (The tenderer also checks this fact.) b) If the tenderer and its key subcontractor are not listed in the register, the tenderer shall submit the duly completed data sheets and declarations in the template prescribed by a separate legal regulation for the purpose of initiating the qualification related to the procurement procedure by the tenderer as part of the tender submission, as detailed in point 11 of the Tender Documentation. Pursuant to Section 129 (2) of Vbt., RJ must exclude from the procedure a bidder or subcontractor a) who has been removed from the register during the procurement procedure, b) who has provided false data or made a false declaration during the procedure for registration on the register in the last five years. Pursuant to Section 129 (3) of Vbt., if a national security risk factor arises in relation to any one of RJ's subcontractors, the tenderer may designate another in one such case. In the second such case, or if a national security risk factor arises in relation to two or more subcontractors, the tenderer will exclude RJ from the procedure. Pursuant to Section 129 (4) of Vbt., a tenderer who does not have the appropriate level of TBT or from whom the appropriate level of TBT is withdrawn during the procurement procedure must be excluded from a procurement procedure involving data classified as "Confidential" or higher. (national "Top Secret", NATO SECRET, EU SECRET) Pursuant to Section 116 (2) of Vbt., the tenderer shall contact the CPO in writing regarding the listing of its subcontractor or key subcontractor in the register. If a national classified data is to be used by the tenderer or its subcontractor for the performance of a state or public task, the user must make a confidentiality declaration. The user designated by the RJ must also have a valid personal security clearance certificate corresponding to the classification level of the data to be used. The tenderer is obliged to submit a copy of the valid personal security clearance certificates of the designated persons, corresponding to the classification level of the data to be used. Continuation in the Further Information cell: