Information following the requirements of the Cabinet of Ministers of Ukraine dated 11.10.2016 №710 (as amended)
"Services related to software"
04.08.2022р.
According to the Resolution of the Cabinet of Ministers of Ukraine dated 11.10.2016 №710 "On the effective use of public funds" (as amended), the State Institution "TMA of the Ministry of Internal Affairs of Ukraine in Chernihiv region" (EDRPOU code 08734598; address: 217 Myr Avenue, Chernihiv, Chernihiv region, 14029) provides information on the negotiation procedure.
Name of the subject of the procurement: License for access to the online service "Medical Information System "MIA: Health" v.2 (integrated with the eHealth database) (code of the Ukrainian National Classification of Services DK 021: 2015 - 72260000-5 "Software-related services" (72268000-1)).
Procurement procedure number in the electronic procurement system: UA-2022-08-05-002694-a.
The procurement is carried out at the expense of the state budget following the estimated allocations.
The expected value of the procurement was determined by taking into account the need. The estimated cost of the procurement is UAH 382,880.00 (Three hundred and eighty-two thousand UAH 00) excluding VAT.
To continue the use of software in the field of health care, which is currently implemented and used by the Customer, namely the computer program, "Medical Information System "MIA: Health", the State Institution "TMA of the Ministry of Internal Affairs of Ukraine in Chernihiv region" needs to purchase access to the online service of the computer program "Medical Information System "MIA: Health" for 2022 (Licenses for access to the online service "Medical Information System "MIA: Health" v.2 (integrated with the eHealth database)).
The State Enterprise "INFOTECH" is a developer and distributor of software, including the computer program "Medical Information System "MIA: Health", which is confirmed by the Certificate of entering information into the Register of Software Producers and Distributors of the BP series No. 02050, issued on 17.12.2020 by the Ministry of Economic Development, Trade and Agriculture of Ukraine.
According to the Certificate of copyright registration for work No. 95108 dated 02.01.2020 issued by the Ministry of Economic Development, Trade and Agriculture of Ukraine, SE "INFOTECH" is the owner of the copyright of the computer program "Medical Information System "MIA: Health".
According to Part 1 of Art. 420 of the Civil Code of Ukraine, Part 1 of Art. 8 of the Law of Ukraine "On Copyright and Related Rights", the objects of copyright are works in the field of science, literature, and art, namely, among other things, computer programs, data compilations (databases).
According to Article 18 of the Law of Ukraine "On Copyright and Related Rights," computer programs are protected as literary works. Such protection extends to computer programs regardless of the way or form of their expression.
Parts 1, 3 of Article 15 of the Law of Ukraine "On Copyright and Related Rights" stipulate that the property rights of the author (or other person holding copyright) include
a) the exclusive right to use the work;
b) the exclusive right to permit or prohibit the use of the work by other persons.
The exclusive right of the author (or other person holding the copyright) to permit or prohibit the use of a work by other persons gives him the right to permit or prohibit, inter alia, reproduction of works; processing, adaptation, arrangement, and other similar changes of works. This list is not exhaustive.
Taking into account the fact that the State Enterprise "INFOTECH" is the sole owner of property rights to the computer program "Medical Information System "MIA: Zdorovye", the planned procurement is characterized by the absence of competitive offers due to the need to protect intellectual property rights.
Taking into account the above, to prevent further incompatibility of existing technology and software solutions used in the activities of the State Institution "TMA of the Ministry of Internal Affairs of Ukraine in Chernihiv region" with technical and software solutions that may be offered by other participants, it is confirmed that there are grounds for the use of a negotiation procedure for the procurement under CPV code DK 021: 2015 - 72260000-5 "Software-related services" following the terms of subpar. 5, para. 2, part 2 of Art. 40 of the Law of Ukraine "On Public Procurement", in particular: if works, goods, or services can be performed, supplied, or provided exclusively by a certain business entity in the presence of one of the cases, namely: "there is a need to protect intellectual property rights".
The expected value of the procurement: UAH 382,880.00 (Three hundred and eighty-two thousand UAH 00) excluding VAT; the number of services - 2; term of services - quarter (01.07.2022 - 30.09.2022; 01.10.2022 - 31.12.2022); place of services - 217 Myru Avenue, Chernihiv, Chernihiv region, 14029..
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