ORDER OF THE STATE OFFICE OF THE REPUBLIC OF MOLDOVA

of September 9, 2014 No. 305

About approval of the Standard agreement and Standard agreement about rendering services of general government technological framework (MCloud)

For the purpose of process improvement of servicing and administration of IT infrastructure in the public sector and for execution of the subitem 2) Item 4, Item 6 and the item a) and b) the subitem 2) Item 9 of the Order of the Government No. 128 of February 20, 2014 "About general government technological framework (MCloud)" (The official monitor of the Republic of Moldova, 2014, 145) I ORDER to Art. No. 47-48,:

1. Approve:

The standard agreement about rendering services of general government technological framework (MCloud), according to appendix No. 1;

The standard agreement about rendering services of general government technological framework (MCloud), according to appendix No. 2.

2. To the ministries, other central administrative authorities and organizational structures subordinated to the Government falling within the scope of their competence (subordinated administrative authorities, deconcentrated and subordinated public services, and also public organizations in which the ministry, the State office or other central administrative authority acts as the founder) to conclude with the Center of electronic control (E-Government) of the service provision agreement of general government technological framework (MCloud) according to the samples approved by the State office.

3. Recommend to other public bodies, the state companies, and also to other legal entities of private law to conclude with the Center of electronic control (E-Government) of the agreement or, proceeding from circumstances, service provision agreements of general government technological framework (MCloud) according to the samples approved by the State office.

4. To impose control over execution of this order on the State office.

5. This order becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Appendix №1

to the Order of the State office of the Republic of Moldova of September 9, 2014 No. 305

The standard agreement about rendering services of general government technological framework (MCloud) No. ______________

mun. Chisinau                                                                                                                             "__" ___________ 20 __

I. Agreement parties

1. Public organization "Center of Electronic Control (E-Government)", at the address: mun. Chisinau, the area of the Grand National Assembly, 1, (further – the Supplier), provided by Stella MOKAN, the chief executive which acts on the basis of the Charter, and

2. ___________________________________, (further – the Beneficiary), at the address: ____________, provided _____________________,

  (name of public body / organization),                                                                                                      (surname, name, post),

which acts on the basis of the _____________, the Parties called further together, and separately – the Party,

                                       (name of Regulations/charter)

3. Being guided by the Strategic program of the technological upgrade of management (E-conversion) approved by the Order of the Government No. 710 of September 20, 2011 "About approval of the Strategic program of technological upgrade of management (E-conversion)", provisions of the Order of the Government No. 128 of February 20, 2014 "About general government technological framework (MCloud)"

for the purpose of process improvement of servicing and administration of IT infrastructure in the public sector, separations of IT-systems and IT resources and their maximum use in case of lower costs, economy of the IT budget in the public sector due to reducing payment for equipment procurement (hardware) and licenses for the software (software), and also for strengthening of potential and optimization of data centers in the public sector,

proceeding from need to ensure data security, transactions and information systems,

agreed as follows.

II. Concepts and determinations

4. For the purpose of this agreement the following concepts are used:

the MCloud platform – the general government information infrastructure functioning on the basis of "cloud computing" technology;

"cloud computing" technology ("information cloud") – delivery pattern of IT services which allows to provide network access on demand to the configured set of the computing resources which are subject to virtualization (for example, networks, servers, the equipment for storage, appendix and service) which can be made quickly available in case of the minimum efforts on their administration or vendor interaction of these services;

participants of the MCloud platform – the service provider of the MCloud platform, the technical and technological operator of the MCloud platform, the beneficiary of the MCloud platform, other participants of administration of the MCloud platform;

the service provider of the MCloud platform (further – the supplier) – the Center of electronic control (E-Government), authorized to deliver electronic services of the MCloud platform;

the technical and technological operator of the MCloud platform (further – the operator) – the state company "Center of Special Telecommunications" which functions according to the legislation of the Republic of Moldova also performs placement and administration of the MCloud platform according to this Provision and the agreement signed with the supplier;

beneficiaries of the MCloud platform (further – beneficiaries) – the ministries, other central administrative authorities subordinated to the Government, and the organizational structures falling within the scope of their competence, other public bodies, and also the state companies, other legal entities of private law using the MCloud platform for delivery of services to ultimate users (physical persons or legal entity);

other participants of administration of the MCloud platform – persons providing the additional services accompanying administration of the MCloud platform;

types of the services based on "cloud computing" technology – infrastructure in service quality, platform in service quality, the software (software) in service quality;

infrastructure in service quality (further – IaaS) – delivery pattern of IT services and IT resources in case of which the supplier provides only availability of the IT resources requested by the beneficiary and other works accompanying action and information systems administration are assigned to the beneficiary;

platform in service quality (further – PaaS) – delivery pattern of IT services and IT resources in case of which software components (software) which he can use for implementation of own IT services are provided to the beneficiary. In case of such model the supplier provides the components necessary for functioning and administration of the IT decisions used by the beneficiary, and responsibility for administration of service is conferred on the beneficiary;

the software (software) in service quality (further – SaaS) – delivery pattern of IT services and IT resources in case of which IT decisions in full are provided to the beneficiary. In case of such model the supplier provides the components necessary for functioning and administration of the IT decision, including data, and part of obligations on administration of service is assigned to the beneficiary;

IT resources – means for processing, storage of information, and also transportation of data for information systems administration;

IT services – activities for delivery of information products and IT resources according to the stipulated service layer;

information product – the result of processing of information by means of automated information systems intended for requirements satisfaction of the user;

the stipulated service layer – set of parameters and indicators of achievements based on which quality of rendering services on the MCloud platform is measured.

III. Subject of the agreement

5. Subject of this agreement is rendering the infrastructure services by the Supplier Benefitsiaru in service quality (IaaS) of the MCloud platform accompanying the requested informatichesky resources described in Appendix No. 1 to this agreement which is its component.

6. Procedure for rendering infrastructure services in service quality (IaaS) of the MCloud platform (further – Services), corrected also processes of interaction between the Parties, the stipulated service layer are established in Rules of rendering and use of services of general government technological framework (MCloud) from Appendix No. 2 to this agreement (further – Rules) which is its component.

IV. Rendering services

7. For the purpose of rendering and use of the Services Supplier and Beneficiary will interact only through the designated responsible persons. Appointment procedure of responsible persons is established in item 5 of Appendix No. 2 to this agreement.

8. Rules of request, rendering, gaining access, use and suspension of Services are established in Appendix No. 2 to this agreement.

V. Obligations of the parties

9. For the purpose of accomplishment of provisions of this agreement the following obligations are assigned to the Supplier:

a) provide functioning and administration of the MCloud platform;

b) render Services in strict accordance with the Rules established in Appendix No. 2 to this agreement;

c) render the Services corresponding to the minimum guaranteed level as it is established in Appendix No. 2 to this agreement;

d) assign persons responsible for interaction with the Beneficiary, according to Appendix No. 2 to this agreement;

e) provide to the Beneficiary necessary assistance in connection with the requested Services, including solve its claims and addresses;

f) provide periodic informing the Beneficiary on quality and the number of the rendered Services;

10. For the purpose of accomplishment of provisions of this agreement the following obligations are assigned to the Beneficiary:

a) use services in strict accordance with the Rules established in Appendix No. 2 to this agreement;

b) develop and approve the plan of migration of information systems and/or data for the MCloud platform together with the Supplier;

c) assign persons having necessary preparation for vendor interaction according to Appendix No. 2 to this agreement;

d) without delay to inform the Supplier on variations from the stipulated service layer or on other noticed event which is capable to break normal functioning of Services;

e) take all measures necessary for preparation of own infrastructure for effective use of the requested services of the MCloud platform;

f) provide the requested by the Supplier and available information of the Beneficiary on use of Services. Such information can be requested by the Supplier for the purpose of service quality improvement.

VI. Rights and responsibility of the parties

11. For non-compliance with the obligations assumed by this agreement, the Supplier and the Beneficiary bear responsibility according to the current legislation of the Republic of Moldova.

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