In accordance to the provisions of art. 35 of Law no. 131 of 03.07.2018 regarding public procurement, we make the present request for clarification to the award documentation within the above public tender as follows:
1. In the Annex No. 1 p.p. A and B are listed the territories (names of administrative units) of the air distribution of vaccines, indicating the size of the areas under cultivation, but without the necessary cartographic information — the binding of the areas to geographical coordinates. In order to ensure flight safety, develop flight plans and obtain appropriate permits from the Air Navigation Control Service of the Civil Aviation Authority of the Republic of Moldova for flights, it is necessary to exclude planning for work in areas closed to civil aviation flights, for which is required the information (cartographic) about specific areas distribution of the vaccine, indicating their geographical coordinates.
What is the procedure, method and format for transmitting the necessary cartographic information to the applicant?
2. Paragraph 5 of subparagraph a) of paragraph 5. Chapter III (AIR DISTRIBUTION OF VACCINE NATURES) provides for automatic encryption, storage, decoding (at the end of the vaccination campaign) and transmission of data on the distribution of vaccine by the work producer, access of the manufacturer / supplier of the automated briquette distribution system to the applicable coding algorithm/ decoding algorithm (key), decoding information by the relevant unit of ANSA.
The activities in the field of cryptography (encryption and decoding of information) are strictly controled both during its implementation in the territory of the Republic of Moldova, and during the import and export of cryptographic means, information is preserved.
The Law of the Republic of Moldova dated July 30, 2001 No. 451-XV “On Regulation of Entrepreneurship through Licensing” lists the types of activities for which it is necessary to obtain the appropriate license: import, export, development, production and sale of cryptographic and technical means of information protection , the provision of services in the field of cryptographic and technical protection of information (except for activities carried out by public authorities vested with such a right in accordance with the law). Based on the fact that vaccine providers are not a priori subjects of activity in the field of technical protection of information, and therefore cannot be licensees in the field of cryptography, the following questions are necessary:
- Is ANSA the public authorities of the Republic of Moldova endowed with the right to operate in the field of cryptographic protection of information in accordance with the current legislation of the Republic of Moldova?
- If ANSA is the public authority of the Republic of Moldova with the right to operate in the field of cryptographic protection of information, does it have the necessary license from the relevant state regulator in this field and what types of work are indicated in this license?
- Is ANSA capable, if there is a license to work with cryptographic tools, in order to secure the information, provide the contractor with the necessary hardware and software information protection tools that provide the required level of coding, storage and transmission of information about the results of the distribution of the vaccine?
In order to clarify the situation regarding the shelf life of the bait at the time of delivery. The documents state that:
- Shelf life must be at least 12 months from the date of delivery.
We would like to draw your attention to the fact that according to international European requirements by the European Commission, the shelf life should be at least 6 months at the time of delivery of the briquette for its distribution. These deadlines are in line with European standards.
We ask an explanation why the tender documents indicate a period of 12 months from the date of delivery? Is it possible to participate in this tender with a vaccine-containing bait with a shelf life of 9 months at the time of delivery, which would be consistent with the spirit of fair competition?
In this context, we ask you to answer us clearly, completely and unambiguously, as soon as possible with each clarification requested, and in concrete cases to make changes in the participation documents to exclude subjective and non-transparent interpretations of the respective public procurement. Given that the partners of the contract are not residents of the Republic of Moldova and the fact that point 26 of the participation notice is accepted, the English language of communication is accepted, we ask for the answer.