Poland – Mobile-telephone services – Świadczenie usług telefonii komórkowej oraz dostęp do systemu Centrum Krótkich Wiadomości Tekstowych (bramki SMS)

1. The detailed description of the subject of the procurement is defined in the agreement, a draft of which is attached to the SWZ. 2. ICT products, ICT services and ICT processes 1) The contracting authority requires that the subject of the procurement offered, including ICT products, ICT services and ICT processes used for the implementation of the procurement, both as main elements and components, infrastructure elements, service delivery environment elements or ancillary solutions, meet the requirements arising from the applicable legal provisions, in particular those related to cybersecurity. 2) The contractor is obliged to ensure that the ICT products, ICT services and ICT processes used for the implementation of the procurement do not include: a) 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, stating their negative impact on the fundamental interest of the security of the state; b) 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 ICT services or ICT processes specified in that decision. c) The requirement referred to in paragraph 2 applies to ICT products, ICT services and ICT processes covered by the offer or used for the implementation of the subject of the procurement, to the extent that they are known to the contractor on the date of submission of the offers. 3) In particular, the contracting authority considers the following to be ICT elements related to the implementation of the subject of the procurement: a) systems and software used to provide mobile telephony services and the Short Message Service (SMS) Centre services – SMS gateways; b) systems and software used to manage services, SIM/eSIM cards, numbering, telecommunication traffic or SMS Centre services; c) telecommunications infrastructure devices and components used directly to provide services covered by the procurement, if they are part of the offered solution; d) SIM and eSIM cards; e) other ICT products, ICT services or ICT processes used by the contractor to implement the subject of the procurement, the application of which has significant importance for the provision of services covered by the procurement. 4) The contracting authority does not require the indication in the list referred to in point V of the SWZ concerning the subject of the evidential means, of individual elements of the operator's infrastructure which cannot be unambiguously assigned to the implementation of the subject of the procurement or the indication of which is not necessary for the verification of the fulfilment of the above requirements.