1. The subject of the contract is: 1) Delivery of a high availability hardware cluster (HA) consisting of two network devices with load balancer functionality, consisting of load balancing and traffic distribution between applications/servers in order to optimize the performance, efficiency and bandwidth of the infrastructure together with the Software; 2) Implementation of the Solution in the Locations indicated by the Ordering Party and execution and delivery of as-built documentation; 3) Technical support for the Software and Warranty Service for the supplied Devices; 4) Expert hours services under option. 2. The subject-matter of the contract is described in detail in Chapter II of the SWZ – Description of the subject-matter of the contract. 3 . Pursuant to Article 139 of the Public Procurement Act, the contracting authority provides for the reverse order of the evaluation of tenders, i.e. it will first examine and evaluate the tenders and then select the contractor whose tender was the highest scored in terms of the lack of grounds for exclusion and fulfilment of the conditions for participation in the procedure. 4. The Ordering Party is the administrator of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as "GDPR"). 5. The Contractor submits a tender via the eProcurement Platform of the Public Procurement Office -https://ezamowienia.gov.pl/pl/. 6. The Contracting Authority reserves that, in accordance with Article 257 of the Public Procurement Act, it may cancel the procurement procedure if the public funds that the Contracting Authority intended to use to finance the contract are not awarded to it. 7. The tender shall be submitted, failing which it shall be null and void, in electronic form, in accordance with the requirements strictly laid down in the SWZ. 8. The Contracting Authority will not award the contract if the circumstances referred to in Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning organisational measures in connection with Russia's actions destabilising the situation in Ukraine (Journal of Laws No. Urz. EU No L 229/1 of 31.7.2014) and will exclude the Contractor if one or more of the grounds for exclusion set out in Article 7 para. 1 of the Act of 13 April 2022 on special arrangements for counteracting the support for aggression against Ukraine and for safeguarding national security (Journal of Laws 2024, item 507) – in order to confirm the absence of grounds for exclusion, a declaration constituting Annex 5 to the Tender Form must be submitted together with the tender. 9. The subject of the order will be executed on the following dates: 1). Delivery of the Devices together with the Software to each of the Customer's Locations, within 45 Business Days from the date of conclusion of the contract. 2). Implementation of the subject of the Order and execution of as-built documentation within 10 working days from the date of signing the Quantitative Acceptance Protocol. 3). Provision of technical support and warranty service from the date of implementation and signing of the Quality Acceptance Protocol for 60 months. 4). Provision of expert hours from the date of implementation and signing of the Quality Acceptance Protocol by 29 May 2026. 10. The contracting authority informs that the contract is financed by the European Recovery Fund (ERF). Next Generation EU) under Investment C2.1.1: ‘Public e-services, IT solutions improving the functioning of administration and economic sectors’ of the Recovery and Development Instrument, the National Recovery and Resilience Plan (NRRP), in accordance with Agreement No KPOD.05.06-IW.06-0003/25-00 concluded between the Ministry of Digital Affairs and the State Treasury, on behalf of which Centrum Projektów Cyfrowa (Digital Poland Project Centre) acts (hereinafter: ‘CPPC’), to support the Project entitled: ‘Support for the widespread use of electronic document management through the development and provision of a free-of-charge EZD system, the provision of the SaaS2 EZD RP cloud and the implementation of the EZD system in the public administration of the Republic of Poland’ (hereinafter: ‘Agreement’). 11. All information, promotion and communication activities related to the implementation of the contract must comply with the guidelines contained in the Agreement, therefore the Contractor is obliged to apply the recommendations and guidelines of the Contracting Authority in this respect. The Contractor undertakes to acquaint himself with the content and to apply to the appropriate extent the Manual for the Beneficiary entitled: ‘Compatibility of projects financed by the European Union, including those implemented under the National Recovery and Resilience Plan, with the ‘do no significant harm’ principle – the ‘DNSH principle’, and the ‘Strategy for the Promotion and Information of the National Recovery and Resilience Plan’ and the ‘Visual Identity Book’ of the RRP. 12. In addition, the Contractor undertakes to submit to checks and audits carried out by the CPPC and other authorised entities as regards the correct performance of the contract, including the obligation to immediately provide the Contracting Authority and the controlling entity with all necessary information and documents in this regard.
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