1. The subject of the contract is the purchase and delivery of unused new, technically efficient, free from physical and legal defects from current production, i.e. produced not earlier than 6 months before the delivery of 8 x86 class servers to support the virtual environment. 2. The description of the subject-matter of the contract, hereinafter referred to as ‘OPZ’, is attached as Annex 1 to the SWZ, together with Annex 2 to the SWZ, to the draft provisions of the contract. 3. The place of performance of the supply contract is the seat of the National Health Fund - Łódź Provincial Branch in Łódź, ul. Kopcińskiego 58, 90-032 Łódź. 4. The trademarks indicated in the documents, proper names, etc. - constitute only a qualitative, functional, technical and technological standard concerning the subject-matter of the contract. In all cases where, due to the specification of the subject of the contract, the origin, names of materials, devices are indicated, it is permissible to use equivalent materials, devices, i.e. any named materials, devices used in the documentation of the procedure or their origin, serve only to determine the standard and can be replaced by others with no worse technical, functional, quality, functional and aesthetic characteristics, taking into account proper cooperation with other materials, devices, system. The names used in the procurement documentation that indicate or could be associated with the manufacturer or company are not intended to give preference to the manufacturer's solutions but to indicate a solution that should have technical, technological characteristics not inferior to those given in the technical documentation. In the case of tenders containing equivalent solutions, the contracting authority will verify them in terms of meeting the requirements of individual items of technical requirements contained in the GIP. The contractor must prove in the tender the equivalence of the equipment offered. The burden of proof of equivalence is the responsibility of the Contractor. The Contracting Authority will not recognise equivalent solutions if they are of lower quality, functional, technical and technological requirements than indicated in the GIP. 5. The names of the producers listed in the contract documents (if any) were used for illustrative purposes only. The names of the products and their producers, if any, are not intended to infringe the principle of fair competition and equal treatment of economic operators. Wherever they are indicated, they must be read in such a way that they are accompanied by the term ‘or equivalent’. By the term ‘or equivalent’, the Contracting Authority understands the offer of materials guaranteeing the implementation of the task ensuring the achievement of technical parameters not inferior to those assumed and described in the documents of the procedure. The use of equivalent solutions may not lead to a deterioration in the characteristics of the subject-matter of the contract in relation to those provided for in the technical documentation, or to a change in the price, or to an infringement of legal provisions. An equivalent solution is also acceptable if the words ‘equivalent’ or ‘equivalent’ are not included in the description of the subject-matter of the contract. 6. At the same time, the requirements must be met in terms of: dimensions and structures (size, type, physical characteristics and number of components); the functional character (identity of the function); c) technical and physical parameters (strength, durability, technical data, constructions); performance parameters; (e)safety parameters for use; emission standards. 7. If the conditions set out in point 6 are met, the Contracting Authority allows the use of equivalent solutions. If the Contractor offers equivalent solutions, he must demonstrate in the tender that the subject-matter of the contract proposed by him meets the requirements specified by the Contracting Authority.
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