Poland – Construction work – Wykonanie robót budowlanych wraz z dostawą i montażem wyposażenia na potrzeby realizacji inwestycji pn.: ‘Centrum Cyberbezpieczeństwa NASK’

The subject of the contract is the execution of construction works along with the supply and installation of materials, devices and equipment for the investment entitled: ‘National Research Institute Cybersecurity Centre (NASK)’. The preliminary description of the subject of the contract is Annex No. 16 to the SWZ. The design documentation and STWiORB, which are Annex No. 1 to the SWZ, contain confidential information. In connection with the above, on the basis of Article 133(3) of the Pzp Act, the Contracting Authority will provide the above documentation to those Contractors who will directly apply, as referred to in Section III, Article 6 and subsequent articles of this SWZ. 2. The Detailed Description of the Subject of the Contract is contained in Annex No. 1 to the SWZ. 3. The Contracting Authority requires that the subject of the contract offered, including all ICT products, ICT services and ICT processes used to implement the contract, does not include: 1) ICT products, ICT services or ICT processes indicated in the recommendation referred to in Article 33(4) of the Act of 5 July 2018 on the national cybersecurity system (Journal of Laws of 2026, item 20 and 252), stating their negative impact on the fundamental interest of the security of the state, 2) an ICT product, the type of which has been determined in a decision on recognising the supplier as a high-risk supplier, referred to in Article 67b(15) of the Act of 5 July 2018 on the national cybersecurity system, or an ICT service, or an ICT process, specified in that decision. If the Contractor offers a solution referred to in point 1) or 2) above, the offer will be rejected on the basis of Article 226(1)(17) or (19) of the Pzp Act. 4. The Contracting Authority does not allow the offering in this procedure of supplies originating from countries referred to in Section V, Article 2(4). This restriction applies to each contractor offering such supplies, regardless of the origin of the contractor himself. By "country of origin of the goods", the Contracting Authority means the country of origin determined in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council establishing the Union Customs Code, i.e.: 1) in the case of a wholly obtained product - the country of its complete obtainment, 2) in the case of a product in the production of which more than one country has participated - the country in which the product was last subjected to a substantial, economically justified processing or working, in an undertaking equipped to that end, resulting in the creation of a new product or constituting an important stage in the manufacture. 5. Contract implementation deadline: The Contractor is obliged to complete all the Works covered by the Subject of the Contract and to report their readiness for final acceptance, as referred to in § 10(11)(2) of the Contract template, within a maximum period of 97 (ninety-seven) weeks from the date of conclusion of the Contract. 6. NOTICE. The Contracting Authority informs that Annex No. 1 to the SWZ contains information of a confidential nature. In connection with the above, on the basis of Article 133(3) of the Pzp Act, the Contracting Authority will provide the above annex to those Contractors who will directly apply for the provision of confidential information in accordance with the template constituting Annex No. 15 to the SWZ and the signed Declaration of Confidentiality. The Contractor is obliged to submit the application signed with a qualified electronic signature via the Procurement Platform, through the "questions/information" tab, no later than 10 days before the deadline for submitting offers. The Contracting Authority simultaneously informs that it may, but is not obliged to, verify and transfer confidential documentation to Contractors who have submitted applications or declarations after this deadline. The application together with the declaration is signed by a person authorised to represent the Contractor in accordance with the rules of representation of the Contractor or in accordance with the power of attorney granted. The power of attorney should be submitted together with the application for the provision of confidential information in accordance with the requirements described in Section X, Article 7 of the SWZ. The Contracting Authority informs that if the submitted documents are incorrect or incomplete, before the deadline for submitting offers, it will call the Contractor once to supplement or correct the above documents. In the case of Contractors jointly applying for the award of the contract, the provisions of Section VI, Article 5 of the SWZ apply. The requirements related to the protection of the confidential nature of the information have been specified in Annex No. 15 to the SWZ and in the content of the declaration of confidentiality (constituting Annex No. 15a to the SWZ). 7. A Contractor who intends to provide confidential documents to another person (e.g. subcontractors, of whose participation he is aware at the stage of preparing the offer) or to third parties, may do so after obtaining the prior written consent of the Contracting Authority, on pain of nullity; the Contractor is obliged to submit an application for the provision of confidential information to third parties/subcontractors, which will include a list of third parties/subcontractors and a declaration by the Contractor that the Confidential Information will be protected at least in the manner described in Annex No. 15a. The Contractor is obliged to submit the application signed with a qualified electronic signature via the Procurement Platform, through the "questions/information" tab. 8. Furthermore, the Contracting Authority informs that it will reject offers from Contractors to whom it has not transferred the above documents on the basis of Article 226(1)(5) of the Act, due to the lack of possibility to familiarise themselves with the detailed description of the subject of the contract.