Achiziție - Soluție de plăți instant

Добрый день, мы хотели бы задать вопрос о стоимости предложения. Будут ли рассматриваться заявки с общей стоимостью большей, чем намеченный бюджет? С уважением, Ольга Антонова, Forbis

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Bună ziua,
În legătură cu întrebarea Dvs asupra bugetului planificat la procedura anunțată, Vă comunicăm următoarele:
În conformitate cu legea achizițiilor publice nr.131/2015 articolul 15 cu privire la atribuțiile grupului de lucru pentru achiziție, „elaborează planul anual de achiziție pentru desfășurarea pocedurilor de achiziție”, astfel, de către aceștia a fost stabilit bugetul final pentru acest obiect de achiziție. Legea nr.131/2015 permite autorității contractante să majoreze bugetul cu până la 30%, dacă se identifică sursele necesare. Însă este important de menționat că, indiferent de suma alocată, operatorii economici pot participa și propune suma finală a ofertei în dependență de necesitățile și calcule interne ale ofertantului, chiar dacă suma ofertei este mai mare ca suma planificată de autoritatea contractantă. Aspectul financiar, cât și celelalte aspecte expuse în documentația de atribuire se vor clarifica la etapa de evaluare.
Estimarea valorii achiziției a fost determinat de către grupul de lucru în conformitate cu fișa de proiect și nu pot fi efectuate modificări la etapa actuală. Toate ofertele depuse, vor trece la etapa de evaluare dacă întrunesc condițiile expuse în documentația de atribuie, indiferent de suma ofertei.
Vă mulțumim.

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After studying the tender qualification requirements, we kindly ask the Tender Committee if it would be possible to update requirements set out in Document «4. Qualification requirements form -ENG» for position “Key-expert no. 4 Instructor” as in “iv. Holding relevant certifications, including training on the IT solution offered, will be an advantage;” .

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Dear economic operator,
We inform you that your proposal is accepted, respectively the qualification form is updated in the wording: „iv. Holding relevant certifications, including training on the IT solution offered, will be an advantage.”

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Is it possible for us to submit the required CVs in our own company standardized format?

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Dear economic operator, thank you for your question.
In order to assure an efficient comparability of submitted offers during the evaluation process, NBM insists on a standardized format of CVs, as indicated in tender documents.
Best regards,

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We are an original solution vendor based in the European Union (originator and developer) and following the procurement instructions we are applying to participate in the procurement event.
According to requirements of the 2. Participation notice (section 29 d) it is possible “To submit the tender, electronically signed, independently with the prior obtaining of the public key certificate with legal force.
In order to receive the public key certificate with legal force, the non-resident person addresses one of the Public Key Certification Centers, previously obtaining from the Public Services Agency a certificate on assigning the state identification number (IDNP).”
After clarifying the possibility with the representatives of the electronic platform M-tender, achizitii.md , we have been advised to contact Public Procurement Agency (https://tender.gov.md/ro/contacte-aap) in order to obtain a public key certificate to electronically sign our offer.
Unfortunately, the Public Procurement Agency informed us, that we cannot obtain such a public key certificate without having a local registration (representation) in Moldova (without having a local identification number/fiscal code).
Therefore we kindly ask you what is a way we may follow in order to legally participate in the bid and submit our offer?

In document 2. Participation notice, section 19, it is stated that tenders should be submitted electronically via AIS SRPP M-Tender. And for tender offer components which cannot be loaded in the AIS SRPP M-Tender, those can be sent to the email address: achizitii.contracte@bnm.md
Can we legally participate and submit all the tender offer documents by sending them to the email stated above, without submitting them at achizitii.md?

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Dear economic operator, thank you for your question.

We would like to inform you that the aspects stated in point 29 of the participation notice are the legal possibilities for non-residents to participate in a procurement procedure according to the information provided to the contracting authorities by the representatives of the implementation of the electronic system. There are no other participation mechanisms at the moment.
In order to participate in the procurement procedure, economic operators must submit a tender by electronic means.
The offer sent by email is not accepted, as long as it has been initiated and published as an open auction.
The Public Services Agency has nothing to do with the electronic system M-tender, except as a verifier status, so the only institution that would be able to direct and support you to participate as a non-resident operator, is the Ministry of Finance, the contacts can be found on the official page : https://mf.gov.md/ro/ministerul-finan%C8%9Belor/structura.

Additionally, I leave you with an email address office@wineofmoldova.com, which could guide you to register in the system.
According to art.16, paragraph (1) of Law no.131 / 2015, all bidders are equal before the law, respectively, non-residents at registration select their country, if in the M-tender is not the respective country, then bidders select the Republic of Moldova.

You should also note that when placing bids in M-Tender you must indicate the amount of the bid in MDL and convert to the NBM exchange rate on the day of bid submission, even if the actual bid indicates EUR, USD, etc.
For any other questions, we are at your disposal.

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None of the documents (01_Award documentation_ENG, 2. Participation notice-ENG, 3. Duae-ENG, 4. Qualification requirements form -ENG) contains Contract notice, point 12, subpoint 18 / subpoint 19 /, subpoint 21/ subpoint 23 / subpoint 24. Please name a document which contains the above-mentioned point and subpoints.

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Dear economic operator, we communicate the following:
- With reference to the model of the contract, can be found at the Chapter 5 from „Award documentation for public procurement of goods”,
- With reference to the point 12, subpoint 18 / subpoint 19 /, subpoint 21/ subpoint 23 / subpoint 24 from „Participation Notice” the economic operators must to present following documents:
18. Authorization for the area of activity and/or License of activity - (Scanned version of the original confirmed by electronic signature and if applicable according to the tenderer's legislation - the Participant's signature and stamp)
19. Financial Reports or extracts from Balance sheet and Profit and loss account, or auditor’s reports for the last 3 years of activity (as of 31.12.2017, 31.12.2018 and 31.12.2019) - (Scanned version of the original confirmed by electronic signature and if applicable according to the tenderer's legislation - the Participant's signature and stamp)
21. Statement on the list of main similar goods delivered and services rendered in last 5-7 years - (The scanned version of the original or original confirmed by electronic signature and if applicable according to the tenderer's legislation - the Participant's signature and stamp - according to form F3.9 of the Award documentation (CHAPTER III
OFFER SUBMISSION FORMS, (F3.9) Statement on the list of main similar goods delivered and services rendered in the last 5-7 years))
23. List of experts proposed for contract implementation - (The scanned version of the original or original confirmed by electronic signature and if applicable according to the tenderer's legislation - the Participant's signature and stamp - according to form F3.10 of the Award documentation (CHAPTER III
OFFER SUBMISSION FORMS, (F3.10) List of key experts proposed for contract implementation))
24. Curriculum vitae of key experts specified in the key experts list - (The scanned version of the original or original confirmed by electronic signature and if applicable according to the tenderer's legislation - the Participant's signature and stamp - according to form F3.11 of the Award documentation (CHAPTER III
OFFER SUBMISSION FORMS, (F3.11) Curriculum Vitae))
Thank you!

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Dear Bank,
According to the compulsory requirements of the Participation notice, there are 3 options for non-resident economic operators to participate in the procurement procedure:
- To submit the tender through a national representative;
- To participate in the public procurement procedure by association;
- To submit the tender, electronically signed, independently with the prior obtaining of the public key certificate with legal force.
As well, in other RFP documents, we see different roles, which require an explanation of their meanings. We kindly ask you to provide additional information on few questions below:

1) Please provide clarity on who can act as an economic operator? Is it a proposed solution vendor?

2) Who can act as a national representative? Physical resident (natural person) of Moldova, or Legal entity registered in Moldova, or both are allowed?

3) Can such a national representative be used only and solely for the offer submission via procurement portal on behalf of an economic operator (in case we, an economic operator (vendor), are not able to get electronic keys (certificate) to submit our offer ourselves)? We foresee that there could be some restrictions/limitations due to Covid situation to obtain such keys for us as a non-resident company.

4) In case the offer of a non-resident economic operator (vendor) is submitted by a representative (a natural person or legal entity, resident of Moldova), which parties will be involved in contract signing with the National bank of Moldova? Can such an agreement be signed between two parties - the economic operator (vendor), as a seller, and the National bank of Moldova, as a buyer?

5) If a legal entity resident of Moldova submits an offer on behalf of an economic operator, without including his products or services in the offer (100% of the offer value are provided by the Economic operator (vendor)), then should such an approach consider a) Association b) Subcontracting?

6) What documents to be provided to support a bid of an economic operator submitted by a national representative (legal entity or natural person, resident of Moldova)?

7) Who can act as a tenderer? What is the difference between an economic operator and a tenderer? Both definitions appear across the documentation (for example, in the context of the Statement of conformity of the submitted offer with its original (F3.4))

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Dear economic operator, we communicate the following:
1) The economic operator is the bidder participating in the procurement procedure. In the case of submitting the tender in the electronic system, the non-resident economic operator may associate with a resident economic operator empowered as a representative with the right to place and sign the tender.
2) Both possibilities are allowed;
3) A national representative may be empowered not only to submit the offer but also to represent the interests of the non-resident company, by signing documents and other interests;
4) The national representative is empowered only to defend the interests in the electronic system, for example: signing the offer, documents, submitting the offer in the system, etc. Regarding the procurement contract, it is to be signed on paper, which is outside the system, therefore, the process of signing the contract takes place directly between the Buyer (NBM) and the non-resident economic operator, without intermediaries;
5) Yes, we confirm. An offer submitted by association or subcontracting, are accepted and will be considered. Please review the award documentation (forms);
6) The contracting authorities do not have information and practices for the submission of tenders in the electronic system by non-resident economic operators, therefore please consult the address: https://mf.gov.md/ro/ministerul-finan%C8%9Belor/structura .;
7) In the context of public procurement, the economic operator and the bidder are identical notions. The difference is that the contracting authorities call them „economic operators" by the deadline for submission of tenders, and after the submission of tenders, they are called „tenderers" because they have participated in the procurement procedure and submitted an offer.

For any other questions, we are at your disposal.
Thank you.

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In THE EUROPEAN SINGLE PROCUREMENT DOCUMENT (3. Duae-ENG) there are few requirements that contain reference Contract notice (Section X, subsection Y).
Can you please provide this document, which we see is missing?

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Dear economic operator, we do not understand the question of clarification, if you can be more explicit and tell us what you mean about the DUAE form (THE EUROPEAN SINGLE PROCUREMENT DOCUMENT) or what is missing.
Thank you.

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For example, in 3. Duae-ENG (ESPD, Eligibility Criteria), requirements 4A.1.1 - Certificate of registration of the enterprise:
Extract from the State Register/ Ascertaining certificate issued by the competent trade register regarding the founders and the administrator - (according to the contract notice, point 12, subpoint 28). Where the contract notice, point 12, subpoint 28 can be found?

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Dear economic operator,

All the information referred to in the DUAE form can be found attached to this procedure published in the system. Please review the award documentation, the participation notice, the DUAE form and the qualification form. If you can not found, do not hesitate to write to us by email achizitii.contracte@bnm.md and we send additional documents.

For any other questions, we are at your disposal.
Thank you.

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Dear Bank, is it possible for a non-resident economic operator (vendor) to participate in the tender by empowering a national representative (legal or natural) to submit economic operator`s (vendor`s) offer in the electronic system (defend the interests in the electronic system, for example: signing the offer, documents, submitting the offer in the system, etc.) WITHOUT having an association agreement or subcontracting agreement with such a national representative? (100% of the offer value (all products and services) will be fully provided only by the Economic operator (vendor))

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Dear Sirs,

Yes, we confirm that it is possible for a non-resident economic operator to participate in the procurement procedure by empowering a resident natural or legal person to place, sign the tender and have other duties, without being associated, or subcontracted and 100% of the offer value (all products and services) will be fully provided only by the Economic operator (vendor))
Thank you.

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Dear Bank, in the received tender documents the are many references to a “public procurement contract”, which will be awarded to a selected economic operator (vendor). There is also mentioned that (43.1.) “Once the award notice has been sent, the contracting authority will send to the successful tenderer the completed Contract Form (F5.1) and all other component documents of the contract”.
However, in the tender documents, there is no requirement on how an economic operator should respond (react) to the provided Contract Form (F5.1). What should we do with the Contract Form (F5.1)? Are amendments in the Contract Form (F5.1) allowed (possible) during contract negotiation with the winning party?

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Dear economic operator,
We inform you that, according to law no. 131/2015 and the order of the Ministry of Finance regarding the award documentation, the model of the contract to be signed is provided.
The contract does not change, but certain essential clauses set out in the award documentation and the proposed tender may be introduced later, usually in the annexes to the contract.

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Regarding the requirement “Proof of registration of the legal entity: Extract from the State Register/ Ascertaining certificate issued by the competent trade register regarding the founders and the administrator”.
Our statement from the State Enterprises Register doesn`t include information on the company founders but provides information on a) Actual Company Management board members b) Actual Participants c) Actual True beneficiaries. Will it be enough with such a statement from our State Enterprises Register to cover the requirement regarding Founders and Administrators?

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Dear economic operator,
We inform you that, in accordance with the notice of participation, point 12 (28), the contracting authority will accept any Certificate of Registration of the enterprise / Extract from the State Register of Legal Entities, issued by the authorized body according to the tenderer's country of residence.
Thank you.

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Regarding the requirement for the Technical offer “Provide detailed answers to all requirements by adding and completing an additional column to the requirements tables (Section 7-10)”, is it allowed to add an additional row for an answer under each requirement, instead of adding a column? Provision of an answer in an additional column will not look well and easy for reading.

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Dear economic operator,
Yes, we confirm that we accept the form of presentation proposed by you.
Thank you.

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Please confirm that the proposal needs to be electronically signed with a certificate obtained by the non-resident operator from a Moldovan authority. How would a non-resident operator obtain Moldovan digital signature certificate?

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We communicate the following: The economic operator is the tenderer participating in the procurement procedure. In the case of submitting the tender in the electronic system, the non-resident economic operator may associate with a resident economic operator empowered as a representative with the right to place and sign the tender.
A national representative may be empowered not only to submit the offer but also to represent the interests of the non-resident company, by signing documents and other interests. The national representative is empowered only to defend the interests in the electronic system, for example: signing the offer, documents, submitting the offer in the system, etc. Regarding the procurement contract, it is to be signed on paper, which is outside the system, therefore, the process of signing the contract takes place directly between the Buyer (NBM) and the non-resident economic operator, without intermediaries.
The contracting authorities do not have information and practices for the submission of tenders in the electronic system by non-resident economic operators, therefore please consult the address: https://mf.gov.md/ro/ministerul-finan%C8%9Belor/structura and https://achizitii.md/ro/public/tender/21037347/questions.
Thank you.

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Is the budgeted amount indicative of only licenses and implementation for Supply and Warranty or it is an indication of the TCO over 5 years? Does the aforementioned budget also need to cover for the IT infrastructure of the project?

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Dear economic operator,
According to point 7 of the Notice of participation, and F4.2. „Price specifications” from the procurement documentation, the budgeted amount of MDL 14,568,333.33 will include: licenses, implementation services, training services, warranty services and man/hours for additional development and change requests. At the same time, the Tenderer must present information regarding the total cost of ownership (TCO) - Form F4.5 which are for information purposes, but which participate in the financial evaluation (according to p. 5.3 of Chapter 2 of the award documentation).
Thank you.

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Does the economic operator need to register the company in the AIS „SRPP” M-Tender Portal? If yes, then during the registration, the Portal asks for a mandatory IDNO identifier. How would a non-resident operator obtain an IDNO identifier?

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We communicate the following: The economic operator is the tenderer participating in the procurement procedure. In the case of submitting the tender in the electronic system, the non-resident economic operator may associate with a resident economic operator empowered as a representative with the right to place and sign the tender. A national representative may be empowered not only to submit the offer but also to represent the interests of the non-resident company, by signing documents and other interests. The national representative is empowered only to defend the interests in the electronic system, for example: signing the offer, documents, submitting the offer in the system, etc. Regarding the procurement contract, it is to be signed on paper, which is outside the system, therefore, the process of signing the contract takes place directly between the Buyer (NBM) and the non-resident economic operator, without intermediaries. The contracting authorities do not have information and practices for the submission of tenders in the electronic system by non-resident economic operators, therefore please consult the address: https://mf.gov.md/ro/ministerul-finan%C8%9Belor/structura and https://achizitii.md/ro/public/tender/21037347/questions.
Thank you.

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Could you please elaborate and list the required queries?

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The requirement FR.26 states that IPS shall have a mechanism to make queries for monitoring the work of Participants. The exact list of queries shall be elaborated during the analysis & design phase of the project.

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Section 30 mentions that all offers will be made public. Offers are likely to include sensitive Intellectual Property documents that are usually exchanged only in the presence of an NDA. Does BNM intend to prodivde an NDA? Also Please elaborate on BNM’s handling of Intellectual Property sensitive documents and the public access aspect to said documents.

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Please be informed that, according to art.17 paragraph (2) of the Law on public procurement no.131 of 03.07.2015: „The contracting authority will consider the right of the economic operator to protect its intellectual property and trade secret".
The standard measures taken in this regard include the following action items.
The first line of „defense” is represented by the standard confidentiality clauses, that are part of the terms of use and privacy policy conditions on the first registration in the AIS SRRP „MTender” system. By these, the system administrators undertake to protect the intellectual property and commercial secrecy of each submitted Offer.
As a second line of defense, the public procurement procedure requires that every member of the procurement working group, before opening the bids to sign a privacy statement as required by Article 79, paragraph (5) of the Law on public procurement no.131 of 03.07.2015, undertaking to strictly respect the non-disclosure clauses of information. At the same time, according to art. 36 of the NBM Law, NBM employees (including members of the working group for procurements) are obliged to preserve professional secrecy over any information that represents banking, commercial, fiscal and other secret protected by law, which they become aware of during the execution of their obligations ( including obligations as the members of the procurement working group) and do not have the right to use the information that constitutes professional secret for personal interest or in the interest of third parties, to disclose this information or to allow its use by third parties or to allow the third parties access to this information. They can use the information covered by professional secrecy only for the purpose and as part of their obligations related to the tasks of the National Bank (in this case - procurements of the goods and services for the NBM needs).
Additionally, we would like to introduce clarifications regarding the proper protection of the intellectual property and trade secrecy, by amending the Participation Notice as it follows. The point 29 „Other relevant information”.
Considering the above-mentioned measures, we inform you that the NBM will not sign any additional confidentiality agreement during the submission of bids.

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Would BNM accept live demonstration and respective Q&A sessions and a later upload of the material?

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Dear economic operator,
With reference to point 3.10 of the Award documentation, we inform you that, for reasons related to the procurement procedure, the live demo session cannot be accepted. It must comply with the requirements of the Award documentation, and the procurement principles: efficiency, transparency, impartiality.

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BNM requests that offers contain access information to pre-recorded demonstration sessions? There are privacy concerns with links, passwords and Intellectual Property being available in the public domain for everyone’s access.

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According to Chapter II, Table 3, Par 3-10: Demo session from the Award documentation, the Tenderers will include in the technical Offer the access links to the video recordings of the demonstration sessions. The access password to these links will be communicated directly to the contracting authority, it will not be specified in the Offer.

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Is it acceptable for us to show the Instant Payments Solution demo in a live remote session, in addition to the link to the video recording?
Is such a Live demo session planned by Bank?
With such an approach we will be capable to provide a necessary dialogue and answer raised questions regarding the system show.

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Dear economic operator,
With reference to the Video recordings of the demonstration session, we inform you that, for reasons related to the procurement procedure, the live demo session cannot be accepted. It must comply with the requirements of the Award documentation, and the procurement principles: efficiency, transparency, impartiality.

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