"Information systems"
07.10.2022
Pursuant to the resolution of the Cabinet of Ministers of Ukraine dated 11.10.2016 No. 710 "On the effective use of public funds" (with amendments), the State Department "TMA of the Ministry of Internal Affairs of Ukraine for the Chernihiv region" (EDRPOU code 08734598; address: Myru prospect, building 217, Chernihiv, Chernihiv region, 14029) provides information on the negotiation procedure.
Name of the subject of the procurement: Access services to the services of the Medical Information System (Feature License) of the Computer Program "Medical Information System "MIA: Health" block Laboratory; Device License of the Computer Program" Medical information system "MIA: Health" Laboratory block; Integrated license (Feature License) of the Computer program "Medical information system "MIA: Health" Laboratory block; Feature License of the Computer program "Medical information system "MIA: Health") (code according to EZS DK 021:2015 - 48810000-9 "Information systems").
A number of the procurement procedure in the electronic procurement system: UA-2022-10-07-007738-a.
The purchase is carried out with the funds of the state budget according to the certificate on changes to the estimate for 2022 No. 15/1-86 dated August 12, 2022.
Determination of the expected cost of the purchase is carried out taking into account the need. The estimated purchase price is UAH 1,045,191.00. (One million forty-five thousand one hundred ninety-one UAH. 00 kopecks) without VAT.
In order to continue the use of software in the field of health care, which is currently implemented and used by the Customer, and for the purpose of developing and improving the computer program "Medical Information System "MIA: Health", by expanding its functional capabilities, SI " TMA of the Ministry of Internal Affairs of Ukraine for the Chernihiv region" needs to purchase additional licenses to expand the functionality of Software products for 2022 ((Feature License) of the Computer program "Medical Information System "MIA: Health" Laboratory block; Device connection license (Device Licence) Computer program "Medical information system "MIA: Health" Laboratory block; Integrated license (Feature License) Computer program "Medical information system "MIA: Health" Laboratory block; Access extension license ( Feature Licence) of the computer program "Medical information system "MIA: Health").
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 entry of information into the Register of manufacturers and distributors of software of the VR series No. 02050, issued on 17.12.2020 by the Ministry of Economic Development, Trade, and Agriculture of Ukraine.
According to the Certificate of Registration of Copyright for a Work No. 95108 dated January 2, 2020, issued by the Ministry of Economic Development, Trade and Agriculture of Ukraine, SE "INFOTECH" is the owner of copyright property rights of the computer program "Medical Information System "MIA: Health" I".
According to Part 1 of Art. 420 of the Civil Code of Ukraine, Part 1 of Art. 8 of the ZU "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).
In accordance with Art. 18 of the Law "On copyright and related rights", computer programs are protected as literary works. Such protection extends to computer programs regardless of the manner or form of their expression.
Parts 1 and 3 of Article 15 of the Law on Copyright and Related Rights provide that the property rights of the author (or another person who owns the 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 another person who has the copyright) to permit or prohibit the use of the work by other persons gives him the right to permit or prohibit, including, the reproduction of the works; revisions, adaptations, arrangements, and other similar changes of works. This list is not exhaustive.
Considering that the State Enterprise "INFOTECH" is the sole owner of the property rights to the computer program "Medical Information System "MIA: Health", the planned purchase is characterized by the absence of competitive offers due to the need to protect intellectual property rights.
Taking into account the above, in order to prevent further incompatibility of existing technology and software solutions used in the activities of the "TMA of the Ministry of Internal Affairs of Ukraine in Chernihiv Region" with technical and software solutions that may be proposed by other participants, it is confirmed that there are grounds for applying the negotiated procurement procedure under CPV code 021:2015 - 48810000-9 "Information systems" in accordance with the conditions of the ab. 5 p. 2 h. 2 art. 40 of the Law "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".
Expected purchase price: UAH 1,045,191.00. (One million forty-five thousand one hundred ninety-one UAH. 00 kopecks) without VAT; the number of services – 19; term of validity (access period) – 18 services-perpetual, 1 service-year (01.01.2022-31.12.2022); place of service provision - Miru prospect, bldg. 217, Chernihiv city, Chernihiv region, 14029.
(с) 2024
