Poland – Software package and information systems – Dostawa subskrypcji odpowiadających posiadanym przez Zamawiającego licencjom VMware (lub równoważnych) wraz ze wsparciem technicznym.

The subject of the order is the delivery of subscriptions corresponding to the VMware (or equivalent) licenses held by the Buyer, along with technical support. As part of the subject of the order, the Buyer specifies the basic scope and the optional scope, the use of which is not mandatory for the Buyer and depends on their current needs. The order implemented within the option is a unilateral right of the Buyer, therefore the Buyer's non-use of the option does not constitute a basis for the Contractor to claim any claims against the Buyer. 2. The Contractor will provide the Buyer with: 1) in the basic order: Technical support and subscriptions for a period of 12 months, from the date of delivery of the license, unless the licensing conditions of the Software held by the Buyer indicate the need to activate technical support or subscription with a different date, not earlier than: a) for the subscriptions indicated in Table 2 OPZ - from the date of delivery of the license; b) for the subscriptions indicated in Table 4 OPZ - from the date of delivery of the license; c) for the subscriptions indicated in Table 6 OPZ and Table 9 OPZ - from the date of delivery of the license; d) for the subscriptions indicated in Table 7 OPZ – the date of delivery of the license; 2) in the optional order: The Buyer is entitled to submit to the Contractor a declaration of the exercise of the option right (option order), on the basis of which the Contractor will be obliged to provide the Buyer with Technical support and subscriptions for a period of the next 12 months, from the end of the subscription and technical support, described in point 4.1.1 OPZ; whereas the Buyer is entitled to exercise the option, extending its period for no longer than 12 months. 3. The subject of the order is described in detail in Section II SWZ – Description of the subject of the order. 4. The Buyer, pursuant to Article 139 of the Pzp Act, provides for the reversed order of evaluation of offers, i.e. first conducts an examination and evaluation of offers, and then conducts a substantive qualification of the Contractor, whose offer was evaluated the highest, in terms of the absence of grounds for exclusion and the fulfillment of the conditions for participation in the procedure. 5. The Buyer is the administrator of personal data within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27.4.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter "RODO". 6. The Contractor submits an offer through the eZamowienia Platform of the Public Procurement Office - https://ezamowienia.gov.pl/pl/. 7. The Buyer reserves the right that, in accordance with Article 257 of the Pzp Act, it may invalidate the procedure for the award of the order, if the public funds that the Buyer intended to allocate for the financing of the order are not granted to it. 8. The Buyer informs that before the opening of the offers, in accordance with Article 222(4) of the Pzp Act, it will provide the amount it intends to allocate for the implementation of the order in the guaranteed (basic) scope, for the purposes of verifying the updating of the basis for the invalidation of the procedure, referred to in Article 255(3) of the Pzp Act, the Buyer will take into account the amount it has for the purpose of implementing the basic order. 9. The offer is submitted, under pain of invalidity, in electronic form, according to the requirements strictly defined in the SWZ. 10. The Buyer will not award the order if the circumstances referred to in Article 5k of the Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ EU L 229/1 of 31.7.2014) occur and will exclude the Contractor in case at least one of the exclusion grounds specified in Article 7(1) of the Act of 13 April 2022 on special solutions in the field of counteracting the support for the aggression on Ukraine and serving the protection of national security (i.e. Dz.U. of 2025 item 514) – in order to confirm the absence of grounds for exclusion, a declaration constituting Annex 6 to the Offer Form must be submitted with the offer. 11. The detailed deadlines for the implementation of the order are described in Section II SWZ – OPZ and in Section III SWZ – Projected Contract Terms. 12. The Buyer requires the submission of substantive evidentiary means with the offer to confirm the compliance of the offered supplies with the requirements specified in Section II SWZ – Description of the subject of the order (in accordance with point 6 of Section I SWZ - Instructions for Contractors), i.e.: 12.1. Annex 5A to the Offer Form – template of the list of offered parameters – submitted with the offer in order to confirm the parameters required in the OPZ; 12.1. Annex 5B to the Offer Form - template of the list of offered parameters for additional criteria for evaluating offers – submitted with the offer in order to confirm compliance with the criteria specified in the description of the criteria for evaluating offers and in the OPZ. 13. If the Contractor does not submit substantive evidentiary means or the submitted substantive evidentiary means are incomplete, the Buyer will request their submission or completion within the specified deadline. 14. The Buyer may request explanations from the Contractors regarding the content of the substantive evidentiary means.