Poland – Storage media – Dostawa dysków NVMe do rozbudowy pojemności klastra vSAN

The subject of the order is the delivery of NVMe capacity type disks for the expansion of the vSAN cluster of the Buyer (basic order) and the option right covering the delivery of cache type disks for preventive replacement and technical assistance in the expansion of the vSAN environment. The Buyer performs the physical installation of the disks in the servers independently. 2. The Detailed Description of the Subject of the Order is contained in Annex No. 1 to the SWZ. 3. The order implementation deadline: 28 working days from the date of signing the Contract, where: 1) Basic Order: 14 working days from the date of signing the Contract. 2) Orders under the option right: 14 working days from the submission of the declaration of intention to use the option right. The use of the option right will take place according to the needs of the Buyer, no later than within 14 working days from the date of signing the Contract. 4. Pursuant to art. 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 No L 229 of 31.7.2014, p. 1), amended by Regulation 2022/57 and 2025/2033, hereinafter referred to as "Regulation 833/2014", it is prohibited to award or further execute a public procurement contract to or with: a) Russian citizens, natural persons residing in Russia or legal entities, entities or bodies with their registered office in Russia; b) legal entities, entities or bodies, more than 50% of the ownership of which directly or indirectly belongs to a natural or legal person, entity or body referred to in lit. a) or c) natural or legal persons, entities or bodies acting on behalf of or under the direction of a natural or legal person, entity or body referred to in lit. a) or b), including subcontractors, suppliers or entities on whose capacity reliance is placed in accordance with Directive 2014/24/EU, in the event that more than 10% of the value of the contract falls on them. 5. Pursuant to art. 257 of the Pzp Act, the Buyer envisages the possibility of invalidating the subject matter of the proceedings if the public funds which the Buyer intended to allocate for the financing of the whole or part of the order have not been granted to him. 6. From the analysis of the subject of the order, it follows that art. 100 of the Pzp Act does not apply. 7. The Buyer does not envisage requirements in the scope of employment of persons referred to in art. 95 of the Pzp Act. 8. Pursuant to art. 441 of the Pzp Act, the Buyer reserves the right to use the option right beyond the basic scope of the subject of the order, specified in the SOPZ, consisting in the delivery of cache type disks for preventive replacement and/or technical assistance in the expansion of the vSAN environment. 9. The Buyer is entitled to use the option right successively, according to his needs, within the limit specified in the SOPZ. 10. The Buyer requires that the offered subject of the order, including all ICT products, ICT services and ICT processes used to implement the order, should not include: 1) ICT products, ICT services or ICT processes indicated in the recommendation referred to in art. 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 state security, 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 art. 67b(15) of the Act of 5 July 2018 on the national cybersecurity system, or an ICT service, or 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 art. 226(1)(17) or (19) of the Pzp Act. 11. The Buyer does not allow the offering of supplies originating from countries referred to in Chapter V(2)(4). This reservation applies to each contractor offering such supplies, regardless of the origin of the contractor himself. By "country of origin of the goods" the Buyer understands the country of origin determined in accordance with art. 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 good - the country of its complete production, 2) in the case of a good in whose production more than one country participated - the country in which the good was last subjected to a substantial, economically justified processing or working, in an undertaking equipped for that purpose, resulting in the manufacture of a new product or constituting a substantial stage in the manufacture. If the Contractor offers a solution referred to in point 1) or 2) above, the offer will be rejected on the basis of art. 226(1)(5) of the Pzp Act. 12. In cases where the detailed description of the subject of the order indicates trademarks, patents, origin, source or a special process that characterises the products or services supplied by a specific Contractor, which would lead to the favouring or elimination of certain contractors or products, this means that the Buyer cannot describe the subject of the order using sufficiently precise terms and this is justified by the specificity of the subject of the order. In such situations, any references to trademarks, patents, origin, source or a special process should be read with the words “or equivalent”. 13. In cases where references to standards, technical assessments, technical specifications and reference systems are used in the description of the subject of the order, as referred to in art. 101(1)(2) and (3) of the Pzp Act, the Buyer, in accordance with art. 101(4) of the Pzp Act, allows the use of equivalent solutions. Each time a standard, technical assessment, technical specification or technical reference system is indicated in this SWZ, it should be assumed that the wording “or equivalent” has been used in relation to it.