| 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 services under DC 021:2015-72720000-3 Services in the field of global networks, the cost of which is or exceeds 100 thousand hryvnias, without the use of open bidding and/or an electronic catalog for procurement (the period of validity of the legal regime of martial law in Ukraine and within 90 days from the date of its termination or cancellation), in accordance with the fourth paragraph of subparagraph 5 of clause 13 of the Peculiarities of public procurement of goods, works and services for customers, provided for by the Law of Ukraine “On Public Procurement”, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 12.10.2022 No. 1178 (as amended), namely: goods that can be supplied exclusively by a certain economic entity in the presence of such a case as the absence of competition for technical reasons, which must be confirmed by the customer, from the economic entity (participant), is carried out by an expert opinion by means of proving the absence of competition for technical reasons, which must be documented by the customer, which excludes, with respect to the Procurement Participant, rivalry (competition) between potential participants (absence of competition), since the Cloud Data Processing Center, owned by the Procurement Participant, is a software and hardware complex based on virtualization and automation technologies, which only the owner is technically capable of managing. In the process of conducting the study, the technical advantages of the Procurement Participant were established, namely:
- The procurement participant is the only data processing service provider in Ukraine that has the status of “Kubernetes Certified Service Providers (KCSP) under the certification program developed by the Cloud Native Computing Foundation (CNCF), which confirms the highest level of its competence in the field of Kubernetes deployment and management and compliance with the ability to ensure the fulfilment of functional requirements set for the software technology stack;
- The complex of technical information protection means of the premises of the Data Processing Center of the Procurement Participant meets the requirements of regulatory documents on technical information protection;
- The information security management system in the field of cloud computing is certified according to the international standard ISO/IEC 27001:2022, meets the requirements specified in the section: Information technology. Protection methods. Code of practices for information security measures based on ISO/IEC 27002 for cloud services, certified according to the international standard ISO/IEC 27017:201;
- The confidential information management system for the processing of personal data in the provision of cloud services in the field of cloud computing, in particular: the processes of information identification and information identification control when providing cloud services and data centre services, meet the requirements specified in the section: Information technology. Protection methods. Code of good practice for the protection of personally identifiable information (PII) in public clouds, certified according to the international standard ISO/IEC 27018:2019.
