Achiziție - Platforma de Management a Pieței de energie cu servicii de implementare

Va rugam sa confirmati daca exista posibilitatea ca avansul sa fie optional (la cererea furnizorului) si, in caz afirmativ, daca in absenta avansului se elimina obligatia garantiei de avans.

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Confirmăm

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It is a common regulatory practice across European markets, that also newly established entities are allowed to participate in the public tendering processes. This may happen either by Consortium or by presenting a third party's technical or economic capacity. In both cases, the newly established entity must prove the mandatory personal qualifications (such as licensing requirements, no overdue payments on taxes, no criminal records, etc.). However, the specific technical or economic capacity (including qualifying criteria for the turnover and the availability of the financial means) is proved by such third party, and not the newly established entity. We believe that requesting 50 percent of all the qualifying criteria may discriminate the newly established entities who, along with the other members/ declaring third persons, otherwise (jointly) meet all the applicable criteria. We kindly request if you would evaluate the tendering terms, so that they are applied in accordance with such common practice, at least with one of the options (Consortium or Third party entity)

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These newly established entities can be subcontracted by the Consortium or other entity participanting solely in the tendering process. Also the Employer is serching for qualified Contractors that have implementarions of Projects of similar magnitude

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Based on provided explanations, we understand that Moldelectrica does not plan to resell the product and that any source codes that are delivered to Moldelectrica are licensed solely for the inhouse customizations that may be necessary. The common practice regarding ICT solutions in energy sector is that the source codes developed for Moldelectrica (so called customizations) are directly provided to Moldelectrica, and that the source codes of standard products/ platform parts (which are developed by the vendor also for other customers across Europe) are put into escrow, subject to certain exit scenarios (such as in case vendor is bankrupt/ discontinues SW development, etc.), so that Moldelectrica has due access to all source codes if such scenarios materialize. For the purposes of the tender, would such licensing arrangement qualify for the open-source SW definition?

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Yes, it is acceptable

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We are currently evaluating options to enhance the high availability of our system across multiple data centers. Specifically, we would like to clarify whether it is necessary for our setup to implement ​automatic failover at the network ​level using BGP-enabled routers and/or DNS-based failover (GSLB).

Could you please advise if such measures are required for our system to meet your availability and resilience expectations? Your guidance will help us determine the most appropriate architecture for ensuring uninterrupted service.

Thank you in advance for your feedback.

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The system will be connected to core IT switches (1 connection from each rack) and it should be just capable to failover on network side between core switches

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On item 9 of the participation notice ("Demonstration of economic and/or financial capacity"), do you confirm the supplier company (aka "the economic operator") can share the official documents in its official language?

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The information should be submitted in English or Romanian

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In the "annex 1. general information" to be completed, what is expected as figure within the placeholder "inclusively: to the budget ... thousand lei" statement at the end of the last paragraph? (right after the statement on the "total debts of the economic operator ... thousand lei")

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The figure should indicate how much of the debts are debts to the state budget

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What would be the estimated distance between Primary and DR DC in kilometers. Would it be longer than 100km

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Depending on the Employer final decission where to locate the DR, it may vary from 100 m to 30 km

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1. Please clarify which party will be responsible for selecting the Data Center (DC) where the solution will be hosted: the Vendor or the Moldelectrica.

2. In case the Moldelectrica will be responsible for selecting the Data Center(s), could you please specify the required network parameters between the primary and disaster recovery (DR) sites? In particular, please clarify the expected network latency, available bandwidth, type of network connection (e.g., dedicated line, MPLS, VPN, etc.), and any other relevant network performance or availability requirements.

3. In case the Vendor will be responsible for selecting the Data Center(s), could you please specify any legal, regulatory, or compliance requirements applicable to the Data Center(s) used for the project? For example, requirements related to geographic location, data residency, applicable jurisdiction, certifications (e.g., ISO 27001, Tier level), or other regulatory constraints.

4. In case the Vendor will be responsible for selecting the Data Center(s), please clarify whether the primary and disaster recovery (DR) Data Centers may be located within the same city, or whether geographic separation between the sites is required.

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1. Moldelectrica will provide the place in existing data centers.
2. The connection will be assured by the vendor, Moldelectrica will provide dark fiber (at least 2 fibers) between the sites. Other parameters will be depending on the equipment used by the vendor
3. Not applicable
4. Not applicable

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What would be minimal achievable network latency between Data Centers ?

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Depending on the equipment used by vendor, Employer will provide dark fiber for connection

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Please provide expected network parameters between selected Data Centers:
Distance in km between Primary and DR DC, network latency, available bandwidth, type of network connection (e.g., dedicated line, MPLS, VPN, etc.), and any other relevant network performance parameter.

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The connection will be assured by the vendor, Moldelectrica will provide dark fiber (at least 2 fibers) between the sites. Other parameters will be depending on the equipment used by the vendor

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The draft contract specifies a Warranty Period of thirty-six (36) months after Operational Acceptance.

However, according to the procurement documentation and evaluation criteria, bidders are required to provide:
- 1 year of free platform maintenance after acceptance, and
- a separate commercial offer for maintenance services for the following 3 years.

Could the Contracting Authority please clarify:
1. Whether the 36-month warranty period stated in the draft contract is intended to include the paid maintenance period, or
2. Whether the warranty period should instead be aligned with the 12-month free maintenance period defined in the tender documentation?

If the intention is to require a 36-month warranty, please confirm how this requirement should be reconciled with the separate evaluation criterion for platform maintenance cost for the subsequent three years.

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The draft contract was presented as an example (just for general refference) from other project, it is not aligned with the procurement documentation and will be adjusted according procurement documentation during Contract negotiations

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According to the participation notice, the payment schedule is structured as follows:
- 10% advance payment
- 80% payment after delivery of equipment, licenses and services
- remaining payment after full platform implementation and acceptance.

However, the draft contract links payments primarily to Operational Acceptance milestones.

Considering that hardware and software licenses must be delivered and installed prior to platform implementation, could the Contracting Authority please clarify:
1. Whether hardware and license deliveries will be paid upon delivery acceptance, as indicated in the participation notice, or
2. Whether payment will only occur after Operational Acceptance of the platform.

Additionally, please confirm whether a formal delivery acceptance certificate for hardware and licenses will trigger the corresponding payment milestone.

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The draft contract was presented as an example (just for general refference) from other project, it is not aligned with the procurement documentation and will be adjusted according procurement documentation during Contract negotiations

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In the clarification response dated 5 March 2026 (09:25), the Contracting Authority stated that:
"(b) Fiecare partener trebuie să îndeplinească cel puțin 50% din toate criteriile de calificare pentru cifra de afaceri și disponibilitatea mijloacelor financiare, conform criteriilor specificate la secțiunea experiență generală și situație financiară. Fiecare partener trebuie să îndeplinească cerințele privind soliditatea poziției financiare, specificate mai sus."

In the tender documentation, the only explicit financial requirement identified is the cumulative turnover of at least EUR 3 million over the last three years, demonstrated through financial statements.

Could the Contracting Authority please clarify:
1. What specific documents or financial indicators are acceptable to demonstrate:
- the availability of financial means, and
- the financial soundness of the economic operator?
2. Whether annual financial statements and balance sheets are considered sufficient evidence for these criteria, or if additional documentation is required.

This clarification would help consortium bidders ensure full compliance with the economic and financial qualification requirements.

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The financial statements and balance sheets are sufficient evidence

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The draft contract includes provisions regarding copyright, intellectual property rights, and software ownership.

The proposed solution may include Standard Software components provided by third-party vendors, licensed under perpetual commercial licenses in accordance with the technical requirements of the tender.

Could the Contracting Authority please confirm that:
1. The intellectual property rights for Standard Software will remain with the respective software vendor, and
2. The Contracting Authority agrees to comply with the licensing terms, copyright provisions, and commercial conditions defined by the vendor for such Standard Software, provided that the licenses granted to the Contracting Authority are perpetual and compliant with the technical specifications of the tender.

This clarification would ensure consistency between the contract provisions and the licensing frameworks of internationally distributed enterprise software products.

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The draft contract was presented as an example (just for general refference) from other project.
1. Confirmed
2. Confirmed

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The draft contract includes provisions related to Functional Guarantees, which may imply performance obligations for the delivered platform.

Could the Contracting Authority please clarify:
1. What specific measurable performance criteria will be used to assess compliance with the Functional Guarantees, and
2. Whether these criteria will be defined exclusively in the technical specifications and acceptance procedures.

This clarification would help ensure that the evaluation of functional guarantees remains objective and aligned with the requirements described in the tender documentation.

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We confirm that the criteria will be defined based on technical specifications and acceptance procedures

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The draft contract includes provisions allowing contract termination if the Supplier does not progress at a rate that provides reasonable assurance of timely completion.

Could the Contracting Authority please clarify:
1. What objective criteria or milestones will be used to determine whether project progress is considered insufficient, and
2. Whether such assessment will be based on the agreed implementation schedule and documented project governance procedures.

This clarification would help ensure that termination provisions are applied in a transparent and measurable manner.

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Confirmed the understanding

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The draft contract refers in multiple sections to the Special Conditions of Contract (SCC).

However, these SCC provisions do not appear to be included in the tender documentation currently available.

Could the Contracting Authority please confirm:
1. Whether the Special Conditions of Contract will be published as part of the procurement documentation, and
2. If so, kindly provide the corresponding SCC document or section, as it appears to contain important contractual parameters.

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The draft contract was presented as an example (just for general refference) from other project. Special conditions are detailing the GCC they will be defined during Contract negotiations

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The draft contract allows the Contracting Authority to request modifications to the solution during the implementation phase.

Bidders understand that any changes requested after contract signature that affect the project scope, required effort, implementation timeline, or resource allocation must be managed through a formal change request procedure, in accordance with standard project governance practices.

Accordingly, please confirm that:
1. Any such changes will be handled through a formal change management process agreed between the parties, and
2. Where a change request affects the scope, effort, timeline, or required resources, the contract price and/or implementation schedule will be adjusted accordingly.

If the Contracting Authority intends to apply a different procedure for managing scope changes, please specify the exact mechanism and conditions under which modifications to scope, price, or schedule would be applied.

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1. Confirmed
2. Yes, if it is justified accordingly. Also according to the Republic of Moldova Law there is a cap for the amount of price increase

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In order to ensure a balanced allocation of contractual risks and allow bidders to properly assess their risk exposure, bidders request clarification regarding the limitation of liability provisions applicable under the draft contract.

In line with common international practice for large IT implementation projects, bidders understand that the Supplier’s aggregate liability should normally be limited to the total value of the contract.

Accordingly, please specify clearly what the Contracting Authority intends to apply as the liability framework:
- the maximum liability cap, and
- the specific categories of claims or circumstances that would be excluded from the limitation of liability.

This clarification is necessary to ensure that bidders can properly evaluate contractual risk and prepare compliant and financially sustainable offers.

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The maximum liability cap will be used

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The procurement documentation includes several components, including the participation notice, the technical specifications, the draft contract, and the official answers provided by the Contracting Authority during the clarification process.

Bidders understand that, in the event of any inconsistency or contradiction between the draft contract and the procurement documentation or the official clarification responses published by the Contracting Authority, the official clarification responses and the procurement documentation take precedence, and the contract will be adjusted accordingly during the contract signing phase.

Please confirm that, in such situations, the final contract to be signed with the winning bidder will be aligned with the procurement documentation and the official clarification responses issued by the Contracting Authority.

If a different interpretation is intended, please specify the hierarchy of documents that will govern the final contractual terms.

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The draft of Contract was provided just for refference and was taken from other Project. We confirm that the final contract to be signed with the winning bidder will be aligned with the procurement documentation and the official clarification responses issued by the Contracting Authority

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