"Upgrading the infrastructure of the National Health Insurance Fund (NHIF) by lot"

… Authority's Technical Specification under Lot 1 - Annex 1.1. **** • The term for securing the licenses for archiving software is up to 20 (twenty) working days from the date of receipt by the Contractor of a notification of secured financing sent by the Contracting Authority and submission by the Contractor of the specified performance guarantee, under the terms of the draft contract. • The term of validity of the licenses and the software support provided under item II of the Technical Specification of the Employer under Lot No 1 - Annex No 1.1. is in accordance with the terms proposed by the participant in his offer, as of the date of delivery, certified in the delivery protocol. **** In case it is not a manufacturer, the participant should be authorized by the manufacturer or his official representative for the right of distribution/delivery of the offered products on the territory of the Republic of Bulgaria. The Participant shall demonstrate compliance with the requirement by enclosing an authorisation letter or other equivalent document issued by the manufacturer or its official representative in Bulgarian or accompanied by a translation into Bulgarian in its Technical Proposal. In the event of submission by the tenderer of an authorisation letter from an official representative of the manufacturer (or an equivalent document), the tender shall also include an authorisation letter issued by the manufacturer (or an equivalent document in Bulgarian or accompanied by a translation into Bulgarian) authorising the official representative of the manufacturer to grant authorisation to third parties. **** The requirement for authorization at the stage of submission of tenders is justified by the subject of the contract and constitutes a guarantee for its timely and quality performance. In the event that a contractor is selected who is denied authorisation by the manufacturer, this may lead to delays in the performance of the public procurement, as well as its termination. According to the conclusions of the Varhoven administrativen sad (Supreme Administrative Court), ‘the requirement for authorisation is not in itself restrictive inasmuch as it guarantees the quality and reliability of the activity carried out. In the usual commercial practice, authorisation is based on a contract that can be directly with the manufacturer or with another economic entity authorised to authorise on behalf of the manufacturer’ (Decision No 10859 of 27.10.2021 of the Supreme Administrative Court in administrative case No 6546/2021, VII o.). In the documentation, the authorisation condition is placed extensively, i.e. it is not limited only to the manufacturer of the equipment, but also to each of its official representatives. General authorization is required, not for a specific procedure, and an opportunity is provided for any interested participant – partner, whether Bulgarian or foreign, to submit a tender, providing the opportunity to prove the above circumstance, both by an authorization letter and with any other equivalent