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CPP Services Ltd. Ul. Naum Naumovski Borce 40/1, 1000 Skopje, Republic of Macedonia EMBS: 7342292 Cyber Protection and Privacy Services LTD. – Cyber Security Company Company for trade and services CPP USLUGI DOO Skopje, with headquarters at str. Naum Naumovski Borce no.40/1, 1000 Skopje with EMBS 7342292 and EDB 4080019580332, represented by the General Manager Filip Simeonov, for the purpose of the Tender for the " Threat Intelligence Platform Subscription " with reference number 286422 and for the successful execution of the above mentioned Project in case CPP USLUGI DOO Skopje is awarded the Contract as follows for a due to the indicated need, we provide the following: CONFIRMATION that CPP USLUGI DOO Skopje will not involve subcontractors, suppliers, or rely on the fulfilment of selection criteria by contractors accounting for more than 10% of the contract value, who are: - citizens of the Russian Federation or entities established in the Russian Federation, including sole proprietors, legal entities, institutions, or other entities; - more than 50% owned, directly or indirectly, by a person or other entity referred to in clause - of PD; - representatives of, or act under the instructions of, a person, institution or other entity referred to in clause 4.3.15.1 or 4.2.15.2; Skopje, 23.12.2024 The CPP USLUGI DOO Skopje Digitally Filip signed Filip by FilipGeneral Simeonov Simeonovmanager Simeonov Date: 2024.12.24 13:28:53 +01'00' „CPP Services“ Ltd. | tel. +389-70-200-321 | www.cpp.mk | [email protected] CPP Services Ltd. Ul. Naum Naumovski Borce 40/1, 1000 Skopje, Republic of Macedonia EMBS: 7342292 Cyber Protection and Privacy Services LTD. – Cyber Security Company To Procurement Committee Attn. Merle Maigre Pirit Pikker Alena Labanava Subject Annex 3 Explanations to CPP Uslugi DOO (7342292) for rejection regarding “Cybersecurity Threat Intelligence Platform subscription (Montenegro, North Macedonia)“ Reference 286422 no. Respectable, We have reviewed and analysed the Annex 3 Explanations to CPP Uslugi DOO (7342292) for rejection regarding “Cybersecurity Threat Intelligence Platform subscription (Montenegro, North Macedonia)“ (reference no 286422). Please find below our explanation on the ground for exclusion explained in Annex 3: 1. It is our understanding that the “NO” answer to the clause 4.3.13 on PD is a system error. We are convinced that this is the reason because all of the supportive documentation regarding eligibility of the economic operator is proving that CPP is meeting all of the requirements stated in the procurement document. We have submitted the following statements in free form which exactly state that CPP is eligible under those requirements: - Statement equivalent to SPD - Compliance Statement CPP - 6. Statement. The tenderer confirms that they have submitted a Statement equivalent to the SPD, certifying compliance with the suitability criteria regarding subcontractors and suppliers with ties to the Russian Federation. By providing this statement, it should be considered that the tenderer has also declared it will not involve subcontractors, or suppliers related to the Russian Federation and the tenderer believes they have fully met the requirement as outlined in the procurement documents. 2. Furthermore, CPP is a company funded in Republic of North Macedonia and we support the political orientation of our country toward the EU perspectives in relation to Russian Federation activities. Referring to this, please note that in accordance with Article 8 para 1 from the Law on restrictive measures of Republic of North Macedonia (Official Gazette of RNM no. 190/2017), the Ministry of Foreign Affairs to the Government of the Republic of North Macedonia submits a proposal for the adoption of a decision on the introduction, amendment or cessation of the restrictive measures adopted by the Council of the European Union or the legal acts of other international organizations of which the Republic of Macedonia is a member in accordance with international law. Based on the cited article, up to this point, Republic of North Macedonia has adopted as legal instruments applicable in Republic of North Macedonia, all restrictive measures adopted by the Council of the European Union related to the Russian Federation and individuals and technologies encompassed by these legal instruments. Therefore, the tendered is subject to legal requirement in Republic of North Macedonia to observe the restrictions in collaborating with entities from the Russian Federation. 3. CPP has been part of the consortium that has implemented the previous phase within this EU funded project. The knowledge and experience of CPP exceptional team with this project put value on the reason that the exclusion ground needs to be revised and the „CPP Services“ Ltd. | tel. +389-70-200-321 | www.cpp.mk | [email protected]  CPP Services Ltd. Ul. Naum Naumovski Borce 40/1, 1000 Skopje, Republic of Macedonia EMBS: 7342292 Cyber Protection and Privacy Services LTD. – Cyber Security Company answer that has been submitted regarding clause 4.3.13 on PD is purely system error. Having in consideration the above, the contracting authority had sufficient reasons and legal grounds based on § 114 (2) EPPA, to request that the tenderer provide clarifications, however this was not requested by the tenderer and as a consequence the tenderer did not have opportunity to explain that this is only a technical issue, and that the tenderer does not intend to violate the restriction in question, nor has it done so in the past.4. If provided the opportunity to provide further explanation in the tender process, as allowed by § 114 (2) EPPA, CPP undertakes to submit to the contracting authority the confirmation (in free form) that we will not involve subcontractors, suppliers, or rely on the fulfilment of selection criteria by contractors accounting for more than 10% of the contract value, who are: - citizens of the Russian Federation or entities established in the Russian Federation, including sole proprietors, legal entities, institutions, or other entities; - more than 50% owned, directly or indirectly, by a person or other entity referred to in clause - of PD; - representatives of, or act under the instructions of, a person, institution or other entity referred to in clause 4.3.15.1 or 4.2.15.2. The Procurement Committee should also take into consideration that the clauses 4.3.15.1 or 4.2.15.2, which are cited in the confirmation (in free form), are not provided in the CTI Procurement document and this appears to be technical error in the documentation which had gone unnoticed. Furthermore, in the application process via the procurement register platform, CPP had declared that it does not rely on the capacity of other units to meet the selection criteria and regulation, or to outsource any part of the contract to a third party. Therefore, undoubtably, CPP would not breach the restriction on collaboration with entities from the Russian Federation. Based on the above, we hereby challenge the decision of the Procurement Committee and request that the decision on the suitability of the tenderer CPP Services DOO Skopje be overturned, that the procedure is returned in the previous stage and that in the repeated deciding, the tenderer CPP Services DOO Skopje is requested to provide explanation on the suitability criteria in question. As conclusion we propose to the Procurement Committee to take into consideration all of the above arguments and additionally to consider that CPP is company with expertise in the Cyber security sector has Republic of North Macedonia, which is the main geographical area for implementation of cyber security solutions, and which is advantage for implementation of the project. We have implemented numerous projects within the National Centre for Computer Incident Response (MKD-CIRT) and we believe that implementation of this project will be a great achievement for you as contractor, the beneficiaries and for us as implementor. Skopje, 23.12.2024 CPP USLUGI DOO Skopje Digitally Filip signed Filip Simeonov General manager by Filip Simeonov Simeonov Date: 2024.12.24 13:28:17 +01'00' „CPP Services“ Ltd. | tel. +389-70-200-321 | www.cpp.mk | [email protected]  CPP Services Ltd. Ul. Naum Naumovski Borce 40/1, 1000 Skopje, Republic of Macedonia EMBS: 7342292 Cyber Protection and Privacy Services LTD. – Cyber Security Company Company for trade and services CPP USLUGI DOO Skopje, with headquarters at str. Naum Naumovski Borce no.40/1, 1000 Skopje with EMBS 7342292 and EDB 4080019580332, represented by the General Manager Filip Simeonov, for the purpose of the Tender for the " Threat Intelligence Platform Subscription " with reference number 286422 and for the successful execution of the above mentioned Project in case CPP USLUGI DOO Skopje is awarded the Contract as follows for a due to the indicated need, we provide the following: CONFIRMATION that CPP USLUGI DOO Skopje will not involve subcontractors, suppliers, or rely on the fulfilment of selection criteria by contractors accounting for more than 10% of the contract value, who are: - citizens of the Russian Federation or entities established in the Russian Federation, including sole proprietors, legal entities, institutions, or other entities; - more than 50% owned, directly or indirectly, by a person or other entity referred to in clause - of PD; - representatives of, or act under the instructions of, a person, institution or other entity referred to in clause 4.3.15.1 or 4.2.15.2; Skopje, 23.12.2024 The CPP USLUGI DOO Skopje Filip Simeonov General manager „CPP Services“ Ltd. | tel. +389-70-200-321 | www.cpp.mk | [email protected]