GENERAL DESCRIPTION OF THE CONTRACT Subject of the contract are “Services for access to new versions and maintenance of the ERP System owned by the Ordering Party together with its extension for the needs of Spec. Psych. ZOZ w Łodzi.” in accordance with the detailed description of the subject-matter of the contract, constituting Annex No 2 to the SWZ. 1.The subject of the contract includes: Providing the service of access to new versions and maintenance and extension of the ERP system owned by the Ordering Party under the conditions specified in the Description of the Subject of the Order and the SWZ. 2.If in the subject of the contract the Ordering Party indicates the brand, or trademarks, patents or source of origin (name of manufacturers) are indicated, these provisions should be read as specifying the required functional and quality features, and the Contractor has the right to apply a solution not worse than those used or used by the Ordering Party. Any proper names used in the descriptions of the subject of the contract, specify the required standard, quality of goods and services. 3.It is allowed to present in the offer equivalent solutions with values not worse than described in the SWZ. Solutions as well as elements, materials, devices having the same functional and quality characteristics as those set out in the description of the subject-matter of the contract but bearing a different trade mark, patent or origin shall be considered equivalent. What is important is that an equivalent product is a product that is not identical to the reference product, but has certain characteristics and parameters similar to the reference product, which are important for the Ordering Party. Important for the Ordering Party features and parameters are those that will allow to maintain all systems, devices, products, parameters and features that allow, above all, for proper cooperation with other systems and/or devices and/or products in the manner assumed by the Ordering Party and at the same time allow to obtain parameters not inferior to those assumed in the SWZ. The burden of proof of equivalence shall lie with the Contractor. Target status - as a result of the implementation of the subject of the order in the Ordering Party's unit, service support is to be provided along with access to new versions and expansion of the ERP System owned by the Ordering Party in the scope and quantities indicated later in the document. 6. The Contracting Authority accepts the possibility of submitting equivalent tenders (the subject of the contract offered must meet all the requirements of the Contracting Authority with all parameters not worse than those specified in the SPC, i.e. those that guarantee the maintenance of the same standards, parameters and standards), if it follows from the description of the subject of the contract that the subject of the contract was defined by indicating trademarks, patents or origin, source or a specific process that characterizes products or supplies, services provided by a specific contractor, if this could lead to the preference or elimination of certain contractors or products and to the extent indicated in Art. 4 of the PPL Act. 7. If the names of goods from specific manufacturers are indicated, they specify the minimum quality parameters and performance characteristics that must be met by the goods offered by the contractor in order to meet the requirements set by the Ordering Party. Goods from specific manufacturers are only a quality standard of the subject of the contract. By the concept of minimum quality parameters and performance characteristics, the Ordering Party understands the requirements for goods contained in generally available sources, catalogs, websites of manufacturers. The use of exemplary manufacturer names is only aimed at clarifying the level of expectations of the Ordering Party in relation to a specific solution. The use of names of producers/products is for illustrative purposes only. The contracting authority, indicating the designation of a specific producer (supplier) or a specific product when describing the subject of the contract, allows at the same time equivalent products with quality parameters and performance characteristics at least at the level of the parameters of the indicated product, thus recognising any product with indicated or better parameters. 8. In the event of failure to indicate an equivalent solution in the offer, the Contracting Authority will assume that the Contractor will implement the subject of the contract in accordance with the solutions indicated in the SWZ. 9. An economic operator who invokes solutions equivalent to those described by the Contracting Authority shall demonstrate that the subject-matter of the contract offered by it is authorised for marketing and use. 10. If the Contractor invokes equivalent solutions, he is obliged to demonstrate that the subject of the contract offered by him meets the requirements/parameters of the Contracting Authority. 11. The Contractor is obliged to perform the contract on the terms and conditions described in the draft contracts constituting Annex 3 to the SWZ. 12. The contractor must indicate in the tender the lots it intends to subcontract and the name of the subcontractor (if known to it at the tender submission stage). 13. If the change or resignation from the subcontractor concerns an entity on whose resources the Contractor relied, in accordance with the rules set out in the Public Procurement Act in order to demonstrate compliance with the conditions for participation in the procedure, the Contractor is obliged to demonstrate to the Contracting Authority that the proposed other subcontractor or the Contractor independently complies with them to a degree not less than required during the public procurement procedure.
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