1. The subject of the contract is the supply of equipment and software to the extent described in detail in Annex 11 to the SWZ, including: a server with software, a disk array, a backup server, a firewall, a server operating system, and the systems indicated in the above-mentioned annex to the SWZ. The subject of the contract is carried out as part of the project entitled: “Improving cybersecurity of the Nowa Sarzyna Commune” co-financed in the form of a grant from the European Funds for Digital Development 2021-2027 programme (FERC) Priority II: Advanced digital services, Action 2.2. Strengthen the national cybersecurity system. 2. Whenever standards, technical assessments, technical specifications and technical reference systems referred to in Art. 1 point 2 and sec. 3 of the Public Procurement Act, the Contractor should assume that such a reference is accompanied by the words ‘or equivalent’. 3. Information on the on-site visit: The contracting authority does not provide for an on-site visit. 4. Justification for not dividing the contract into lots: The contracting authority does not allow partial tenders to be submitted in the context of this procedure. The subject matter covers both the supply of devices and software that are to be compatible, to achieve the objectives indicated in the project, the implementation of which is covered by this procedure. - There is no risk of the project being resolved only in part. Dividing the contract into additional lots entails a risk which, by not performing one lot, would result in not performing the entire scope of the contract subject to this procedure, which would prevent the achievement of the objectives indicated in the project, would also threaten the legitimacy of purchasing a given item due to the incompatibility or inefficiency of a given item in combination with another. This illustrates a situation where one part of the procedure (task) is not resolved (e.g.: unsubmitted offer, incorrect offer, budget overrun), which will result in the fact that the second seemingly separate part will also not be able to be implemented through the existing link. - Achievement of all project objectives and objectives. Splitting the contract into lots creates a real risk of not achieving all the indicators, which means that the objective of the project would not be achieved and therefore the whole project would not be successful. This, in turn, exposes the Contracting Authority to the recognition by the Managing Authority of the costs incurred in the performance of the task as ineligible and to the refusal to pay the co-financing granted. In addition, the division into smaller parts will negatively affect the project by increasing the costs of delivery and assembly of the subject of the contract. - Cost increase – Splitting the contract into lots would require each item to take into account the costs of installing and configuring the lot separately. This would unnecessarily duplicate the same set-up activities with other installed or newly installed devices and software. It is unnecessary to increase the costs of order execution, while at the same time threatening whether the implementation of individual parts will be appropriate and will not negatively affect other configured devices or software. In addition, it will increase the costs of order handling, due to the need to ensure coordination of the implementation of individual parts. Service care, which would also have to be provided by various entities, should not be omitted, which would increase the costs of order processing. The above arguments are complemented by recital 78 of the preamble to the Classical Directive (justification of non-division), i.e.: excessive technical difficulties, excessive costs of performance of the contract, and the need to coordinate the activities of the different economic operators performing the different parts of the contract, which could seriously jeopardise the proper performance of the contract. PROVISIONAL MEASURES IN QUESTION: 1. The contracting authority requires the submission of the following means of proof: 1) data sheets of the delivered devices confirming the fulfilment of technical parameters described in Annex No. 11 to the SWZ Description of the subject of the contract, 2) results of performance tests indicated in the description of individual items in Annex No. 11 to the SWZ. Items concerned: - server for virtualisation – CPU test result; http://spec.org/cpu2017/results/cpu2017.html - backup server - CPU test result. http://spec.org/cpu2017/results/cpu2017.html 2. With regard to the evidence referred to in point 9.1 of the SWZ, if the Contractor has not submitted it with the tender or the evidence submitted is incomplete, the Contracting Authority will call on the Contractor pursuant to Art. 2 of the Law on Public Procurement, subject to paragraph. 3 of that Article 3. Where the solutions proposed by the Contractor satisfy to an equivalent extent the requirements set out in the description of the subject-matter of the contract, the Contractor must prove in the tender, in particular by the means of proof in question, that the supplies offered meet the requirements, characteristics or criteria specified by the Contracting Authority. 4. Form of documents – means of proof in question: 1) the means of proof in question shall be drawn up in electronic form in the data formats specified in the provisions issued pursuant to Article 18 of the Act of 17 February 2005 on computerisation of the activities of entities performing public tasks (Journal of Laws No. Journal of Laws 2024, item 307), hereinafter referred to as: ‘Act on computerisation of the activities of entities performing public tasks’; 2. where the means of proof in question have been issued by authorised entities other than the Contractor, the Contractor jointly applying for the contract, the resource provider or the subcontractor, as an electronic document, that document shall be transmitted. 5. Due to the limited number of characters that can be entered into the content of the notice, the remaining information is included in Chapter 9 of the CVT.
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