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 contract is specified in the agreement, the 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 contract offered, including ICT products, ICT services and ICT processes used to implement the contract, 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 the provisions concerning cybersecurity. 2) The contractor is obliged to ensure that the ICT products, ICT services and ICT processes used to implement the contract 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 point 2 applies to ICT products, ICT services and ICT processes covered by the offer or used to implement the subject of the contract, 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 contract: a) systems and software used to provide mobile telephony services and Centre for Short Message Service (CKWT) services – SMS gateways; b) systems and software used to manage services, SIM/eSIM cards, numbering, telecommunication traffic or CKWT support; c) telecommunication infrastructure devices and components used directly to provide the services covered by the contract, if they are part of the offered solution; d) SIM cards and eSIMs; e) other ICT products, ICT services or ICT processes used by the Contractor to implement the subject of the contract, the application of which has significant importance for the provision of the services covered by the contract. 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 that cannot be unambiguously assigned to the implementation of the subject of the contract or the indication of which is not necessary to verify the fulfilment of the above requirements.