Poland – Technical support services – Zapewnienie usługi wsparcia technicznego dla posiadanego przez Zamawiającego oprogramowania Red Hat oraz dostawa licencji szkoleniowych dla technologii Red Hat

The subject of the contract is the provision of technical support services for the Red Hat software owned by the Contracting Authority and the delivery of training licenses for Red Hat technologies. Within the subject of the contract, the Contracting Authority specifies a basic scope and an optional scope, the use of which is not obligatory for the Contracting Authority and depends on its current needs. The contract is realised within the scope of the option as a unilateral right of the Contracting Authority, therefore the non-use of the option by the Contracting Authority does not constitute a basis for the Contractor to claim any claims against the Contracting Authority. 2. The Contractor will provide the Contracting Authority with: 2.1. within the basic contract: 1) Technical support for the Red Hat software owned by the Contracting Authority (Table No. 1 in Section II SWZ - OPZ) for a period of 12 months, for the needs of the private cloud operated by the Contracting Authority; 2) delivery of training licenses, within the Red Hat Learning Subscription (RHLS220) or equivalent, in the scope of platforms: a. OpenStack – 2 units b. Ceph – 2 units c. OpenShift, AAP – 2 units; 2.2. within the optional contract I (Option I): 1) Technical support for the Red Hat software owned by the Contracting Authority (Table No. 1 in Section II SWZ - OPZ) for a period of 12 months, for the needs of the private cloud operated by the Contracting Authority; 2) delivery of training licenses, within the Red Hat Learning Subscription (RHLS220) or equivalent, in the scope of platforms: a. OpenStack – 2 units b. Ceph – 2 units c. OpenShift, AAP – 2 units; 2.3. within the optional contract II (Option II): 1) Technical support for the Red Hat software owned by the Contracting Authority (Table No. 1 in Section II SWZ - OPZ) for a period of 12 months, for the needs of the private cloud operated by the Contracting Authority; 2) delivery of training licenses, within the Red Hat Learning Subscription (RHLS220) or equivalent, in the scope of platforms: a. OpenStack – 2 units b. Ceph – 2 units c. OpenShift, AAP – 2 units. 3. The subject of the contract is described in detail in Section II SWZ – Description of the subject of the contract. 4. The Contracting Authority, pursuant to Article 139 of the Pzp Act, provides for a reversed order of evaluation of tenders, i.e. first carries out an examination and evaluation of tenders, and then carries out a subjective qualification of the Contractor whose tender was the highest rated, in terms of the absence of grounds for exclusion and meeting the conditions for participation in the procedure. 5. The Contracting Authority 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 individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter "GDPR". 6. The Contractor submits a tender through the eZamówienia Platform of the Public Procurement Office -https://ezamowienia.gov.pl/pl/. 7. The Contracting Authority reserves the right that, in accordance with Article 257 of the Pzp Act, it may invalidate the procurement procedure if the public funds that the Contracting Authority intended to allocate for the financing of the contract are not granted to it. 8. The Contracting Authority informs that before the opening of the tenders, in accordance with Article 222(4) of the Pzp Act, it will indicate the amount it intends to allocate for the implementation of the contract within the guaranteed (basic) scope, for the purposes of verifying the updating of the basis for the invalidation of the procedure, as referred to in Article 255(3) of the Pzp Act, the Contracting Authority will take into account the amount it has for the implementation of the basic contract. 9. The tender is submitted, under pain of invalidity, in electronic form, according to the requirements strictly defined in the SWZ. 10. 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 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 the event of the occurrence of 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 of aggression against Ukraine and serving to protect national security (i.e. Journal of Laws of 2025 item 514) – in order to confirm the absence of grounds for exclusion, a declaration constituting Annex No. 6 to the Tender Form must be submitted with the tender. 11. The detailed deadlines for the implementation of the contract are described in Section II SWZ – OPZ and in Section III SWZ – Draft Contract Terms. 12. If the Contractor does not submit the relevant evidentiary means or the submitted evidentiary means are incomplete, the Contracting Authority will call for their submission or completion within the specified deadline. 13. The Contracting Authority may request explanations from the Contractors regarding the content of the evidentiary means.