| Romanovska L.А., Candidate of Law, Director, Chief Research Fellow in the field of jurisprudence at IPE LLC, https://orcid.org/0009-0004-6306-6936 |
Establishing the compliance of the grounds for applying a non-competitive procedure for the acquisition by the Customer of the procurement of services under DC 021:2015–72250000-2 – Services for support (technical support) of an information and communication system, the cost of which is or exceeds 200 thousand hryvnias, without conducting procurement in the electronic procurement system, in accordance with the first paragraph of paragraph 9 of the Features of defence procurement for the period of martial law, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 11.11.2022 No. 1275 and the fifth paragraph of subparagraph 5 of paragraph 13 of the Features of public procurement of goods, works and services for customers, provided for by the Law of Ukraine “On Public Procurement”, for the period of the legal regime of martial law in Ukraine and within 90 days from the date of its termination or cancellation, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 12.10.2022 No. 1178, namely, when: works, goods or services can be performed, delivered or provided exclusively by a certain business entity in the presence of such a case as the need to protect intellectual property rights, is carried out by an expert opinion by proving that:
- the software, which is adapted and used by the information and communication system of the Procurement Customer, belongs to the Procurement Participant on the basis of the Certificate of Registration of Copyright for the Work and is a unique product (work) that has no analogues in solving the tasks of implementing the functions of automated accounting and control necessary for the performance of tasks by the Procurement Customer, in addition, it allows minimizing the risks of information leakage, as it contains a comprehensive protection system that ensures information protection in accordance with the requirements of regulatory documents on technical information protection in Ukraine, and is also a perfect tool for performing the relevant tasks, in this regard, no analogues are technically suitable;
- the procurement participant has an exclusive right to the software transferred or alienated by its authors (individuals), which is confirmed by the relevant agreement and a decision on the registration of such an agreement in accordance with the established procedure.
