NGO East Europe Foundation within Digital Transformation Activity, under the request of the Ministry of Digital Transformation of Ukraine, is seeking a contractor to provide programming services for the development of the computer program “Electronic System for the Circulation of Alcoholic Beverages, Tobacco Products, and Nicotine-Containing Liquids”.

Objective

Creation of an efficient system for the circulation of alcoholic beverages, tobacco products, nicotine-containing liquids, and electronic excise stamps to ensure control and transparency in the circulation of these products.

Execution Term

The overall timeline for the project and the implementation of the system’s trial operation is set to be no later than October 31, 2025. This includes all stages of development, testing, deployment, and training.

Main Requirements

All general, functional, and non-functional requirements for the procurement subject and service provider are specified in the Tender Documentation, which is available upon request at the email address: [email protected]

Language of Proposals

All documents submitted as part of the tender proposal must be written in Ukrainian. A translation into Ukrainian must be attached if a document is written in a foreign language. The texts must be identical, with the Ukrainian text being decisive.

Selection Criteria

• Experience in executing similar projects;
• Availability of ISO “Quality Management Systems” certificates will be an advantage.
• Composition and qualification of the team involved;
• Service provision timeline;
• Payment procedure (note: final payment should be made only after the acceptance of the final results);
• Total proposal cost.

Important: If the total cost of the proposal of the bidder with the highest score exceeds the planned budget expenses of the Customer, the latter has the right at the decision-making stage to request the potential winner of the tender to reduce their price offer.

Please note that East Europe Foundation is exempt from paying value-added tax (VAT) based on Article 1(a) of the Agreement between the Government of Ukraine and the Government of the United States on Humanitarian and Technical-Economic Cooperation dated May 7, 1992, project registration card No. 5458-01 dated May 2, 2024 (and all subsequent modifications), and paragraph 197.11 of Article 197 of the Tax Code of Ukraine. Payments for goods, works, and services will be made by East Europe Foundation without VAT.

Submission Procedure

Proposals may only be submitted by business entities (legal entities and individual entrepreneurs) that are residents of Ukraine (established and operating in one of the organizational and legal forms in accordance with Ukrainian law) or legal entities that are non-residents of Ukraine.

Important: A non-resident participant must have an official representative or an official partner in Ukraine and provide documents to confirm this.

Proposals must be prepared on official letterhead (if available) according to the application form “Tender Application Form” (see Annex 4 “Requirements for the Provider of Services”), signed and duly certified (signature of the authorized officer of the bidder and seal (if available) or signed with QES / EDS).

Important: To ensure equal conditions for all participants, proposals must be submitted without VAT and in a single currency — US dollars. For resident participants, the equivalent value in US dollars will be used to compare the price offers of the competitors and may be used as a fixed amount in the contract in case of winning. This aims to reduce the risks of delayed or incomplete contract execution due to currency fluctuations. However, in case of winning the payment under the contract with the resident participant will be made exclusively in Ukrainian hryvnia.

Bidder must include the following to their proposal:

• All confirming qualification documents required by the tender documentation, such as proof of experience in similar projects, the availability of appropriately qualified experts, team composition, project proposal, etc., following Annex 4 “Requirements for the Provider of Services”;
• A certificate signed by the authorized person of the bidder confirming that the bidder does not conduct an economic activity or its location (place of residence for individual entrepreneurs) is not in the temporarily occupied territory* – This requirement is for resident participants.;
• Documents confirming the authority of the bidder’s official or procurement representative to sign proposal documents;
• A letter stating that none of the ultimate beneficial owners, members, or participants (shareholders) of the company who hold 10% or more of the charter capital are citizens of the russian federation/republic of belarus/islamic republic of iran. If such individuals are present, one of the documents must confirm their legal residence in Ukraine.;
• Registration documents of the bidders:
  • – for legal entities – a copy of the statute; a copy of the extract from the Unified State Register; certificate of the payer of VAT or single tax; a copy of the order on the appointment of the manager;
  • – for individual entrepreneurs — a copy of an extract from the Unified State Register; certificate of VAT or unified tax payer.

A non-resident participant must provide the documents specified in this tender documentation, taking into account the specifics of the legislation of the country where the participant is registered (analogous documents). If an analogous document is submitted or if such a document and its analogue are unavailable, the non-resident participant must include an explanatory note in the tender proposal. This note should justify either the submission of the analogous document or explain the reasons for not submitting the documents and information, including their analogues.

Submission

Bidders must send proposals (a package of documents) in electronic form, signed and duly certified (signature/seal or signed with QES/EDS), by email to [email protected], with the subject line “DTA_eExcise”.

Deadlines and Submission Address

Applications for participation in the tender must be received by East Europe Foundation no later than 4 September 2024 inclusive. Proposals received after the deadline will not be considered.

The Customer reserves the right to contact only selected bidders, accept bidders’ proposals, or not accept any of the received proposals. The bidder may at any time before the deadline for submission of price proposals, but no later than 14 August 2024, contact the Customer for clarifications regarding the procurement subject at the email address: [email protected] and receive a response in electronic form. The Customer may at any time before the end of the submission period make changes to the tender documentation and notify all bidders. Until the contract for the execution of works is signed, the Customer bears no obligations to the procurement bidders. The Customer reserves the right to reject the tender proposals of all bidders. Participation in the tender by related parties or collusion between tender bidders is prohibited. If such facts are discovered, the tender results will be canceled, or the contract with the relevant Contractor will be terminated unilaterally, with the return of everything received by such Contractor under the contract and compensation for the damages caused to the Customer. A bidder may provide services through only one legal entity (exception: if a joint application is submitted by two or more legal entities or individual entrepreneurs, such an application must include a cooperation agreement or memorandum valid for at least the duration of the contract resulting from the tender, with the mentioned group of bidders). The bidder is not allowed to change the service provider during the contract term (exception: reorganization of the legal entity/change of name/merger).