1. The subject of the proceedings is the conclusion of a Framework Agreement for the selection of Contractors - intermediaries in the supply of Red Hat ready-made software or equivalent software to the Units indicated in the Manufacturer's Price List, together with technical support and the provision of training services for the manufacturer indicated in the Manufacturer's Price List, as well as the provision of expert support services for the Manufacturer and consulting support services for the Contractor in the scope of the Manufacturer's software. 2. During the term of the Framework Agreement, the possibility of implementing the software in different locations, configurations and different delivery times is provided for, in accordance with the Contract Requests submitted by the Units, therefore, subject to the license conditions of the Manufacturer, licenses granted by the Manufacturer on the basis of the concluded implementation agreements will allow for free transfer of the software between workstations and physical or virtual servers of the Units (e.g. in the case of hardware replacement), without restrictions related to who is the server manufacturer and for granting, under the license, licences for the use of the Manufacturer's software by the Units (regardless of changes in the organizational structure of the Units). 3. The purpose of the FWC is to establish the terms and conditions of the contracts (implementing contracts) that may be awarded during the term of the FWC, as indicated in Chapter III. IV SWZ. 4. The framework agreement shall lay down all the conditions relating to the provision of supplies or services and the conditions for selecting the Contractors who will provide supplies or services to the Entities from among the Contractors party to the framework agreement. 5. The implementation of orders will be carried out successively, depending on the needs of the Units. Contracts will be awarded to Contractors with whom a Framework Contract will be concluded on the terms described in Chapter II. II point 3.1. SWZ. 6. The list of Entities which may award contracts or for which contracts may be awarded is attached as Annex 8 to the SWZ. 7. In accordance with Article 134 para. 2 point 7) of the Public Procurement Act, the Contracting Authority indicates that it will conclude a Framework Contract with a maximum of two Contractors (unless fewer Contractors submit tenders that cannot be rejected), who will obtain the highest number of points in the evaluation of tenders, on the basis of the criteria set out in this SPC and whose price of the tender does not exceed the amount intended to finance the Framework Contract, provided that the Contracting Authority may increase this amount. In the event that the balance of points obtained is the same for several Contractors, the Contracting Authority shall conclude a Framework Contract with all Contractors. 8. The subject-matter of the contract under the implementing agreements concluded under the Framework agreement shall consist of: a) granting by the Manufacturer a license for the software available in the current Manufacturer's Price List, together with technical support, b) providing training services to the manufacturer indicated in the Manufacturer's Price List, c) providing accompanying services in the scope of the Manufacturer's software: - expert support services of the Manufacturer; - consultancy support services for the Contractor, in accordance with the rules laid down in the General Terms and Conditions (Annex 2 to the General Terms and Conditions) and in the Model Framework Contract (Annex 5 to the General Terms and Conditions). 9. The list of products and the expected quantities of products and services listed in Annex 1A to the Price Form were indicated for the purposes of drawing up the offer, on the basis of the planned purchases of the Units. The Ordering Party indicates that the Units are entitled to apply for the contract for each product and training services of the manufacturer appearing in the current Manufacturer's Price List or each type of services indicated in Annex 1A to the SWZ - Price Form. Contractors shall not be entitled to claim supplies or services in the quantities indicated. These quantities may be changed at the stage of execution of orders by individual Units, provided that the maximum value of the Framework Contract is not exceeded. 10.A detailed description of the subject of the contract is attached as Annex 2 to the SWZ. 11.The Contracting Authority informs that at the stage preceding the preparation of the procedure, it conducted preliminary market consultations with a representative of the Manufacturer, acting pursuant to Article 84 of the Act of 11 September 2019 (i.e.: OJ Journal of Laws 2024, item 1320).
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