1. The subject of the order is the delivery of subscriptions corresponding to the VMware licenses held by the Ordering Party (or equivalent) together with technical support. As part of the subject of the contract, the Employer determines the basic scope and the optional scope, the use of which is not the Employer's obligation and depends on its current needs. An order executed under the option is a unilateral right of the Ordering Party, therefore, failure by the Ordering Party to use the option does not constitute a basis for the Contractor to pursue any claims against the Ordering Party. 2. The Contractor shall provide the Ordering Party with: 1) basic order: Technical support and subscriptions for a period of 12 months, from the first day of the month following the signing of the Agreement, unless the license terms of the Software held by the Ordering Party indicate the need to launch technical support or subscription on a different date, not earlier than: a) for subscriptions indicated in Table 2 of the OPZ - from 1 October 2026, b) for subscriptions indicated in Table 4 of the OPZ - from 1 June 2026, c) for subscriptions indicated in Table 6 of the OPZ and Table 9 of the OPZ - from 3 August 2026, d) for subscriptions indicated in Table 7 of the OPZ - from the first day of the month following their delivery. 2) Optional order I: The Ordering Party is entitled to submit to the Contractor a declaration on exercising the right of option (option order), on the basis of which the Contractor will be obliged to provide the Ordering Party with technical support and subscriptions for a further period of 12 months, from the end of the subscription and technical support described in point. 4.1.1 OIP; 3) Under Optional Procurement II: The Ordering Party is entitled to submit to the Contractor a declaration on exercising the right of option (option order), on the basis of which the Contractor will be obliged to provide the Ordering Party with technical support and subscriptions for a further period of 12 months, from the end of the subscription and technical support described in point. 4.1.2. OPZ, whereby the Ordering Party is entitled to use the option twice, each time extending for a period not longer than 12 months. 3. The subject-matter of the contract is described in detail in Chapter II of the FTZ – Description of the subject-matter of the contract. 4. Pursuant to Article 139 of the Public Procurement Act, the contracting authority provides for an inverted order of evaluation of tenders, i.e. it will first examine and evaluate the tenders and then make a qualitative selection of the Contractor whose tender was the highest rated, in terms of the absence of grounds for exclusion and compliance with the conditions for participation in the procedure. 5. 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 April 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". 6. The Contractor submits an offer via the eProcurement Platform of the Public Procurement Office -https://ezarządenia.gov.pl/pl/. 7. 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 allocate to finance the contract are not granted to it. 8. The contracting authority informs that before the opening of tenders in accordance with Art. 4 of the Public Procurement Act will specify the amount it intends to allocate to the performance of the contract in the guaranteed (basic) scope, for the purpose of verifying the updating of the condition for invalidating the procedure referred to in Article 255(3) of the Public Procurement Act, the Contracting Authority will take into account the amount at its disposal for the purposes of the performance of the basic contract. 9. 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 FTZ. 10. The Ordering Party 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. Ooh, ooh, ooh. EU No L 229/1 of 31.7.2014) and will exclude the Contractor if at least one of the grounds for exclusion set out in Art. 1 of the Act of 13 April 2022 on special arrangements for counteracting support for aggression against Ukraine and protecting national security (Journal of Laws of 2025, item 514) – in order to confirm the absence of attitudes to exclusion, a declaration should be submitted together with the tender, constituting Annex 6 to the Tender Form. 11. The detailed deadlines for the performance of the contract are described in Chapter II of the FTZ – OPZ and Chapter III of the FTZ – Draft Provisions of the Agreement. 12. The contracting authority requests that the tender be accompanied by the means of proof in question to confirm that the supplies offered comply with the requirements set out in Chapter II of the FTZ – Description of the subject-matter of the contract (in accordance with point 6 of Chapter I of the FTZ – Instructions for Contractors), i.e.: 12.1. Annex 5A to the Tender Form – Model list of offered parameters – submitted together with the tender to confirm the parameters required in the OIP; 12.1. Annex 5B to the Tender Form – Model list of parameters offered for additional tender evaluation criteria – submitted together with the tender in order to confirm compliance with the criteria set out in the description of the tender evaluation criteria and in the OPZ. 13. If the Contractor fails to submit the evidence in question or if the evidence in question is incomplete, the Contracting Authority shall request that it be submitted or supplemented within the prescribed period. 14. The Contracting Authority may request explanations from the Contractors concerning the content of the evidence in question.
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