Poland – IT services: consulting, software development, Internet and support – Zakup wsparcia technicznego HDPS (CommVault)

1) The subject of the order is the purchase of technical support for HDPS (CommVault). 2) A detailed description of the subject of the order is provided in Part II of the SWZ and Part IV of the SWZ. 3) In accordance with Article 101(4) of the Act, the Buyer allows equivalent solutions to those described in the SWZ using standards, technical assessments, technical specifications and technical reference systems, as referred to in Article 101(1)(2) and (3) of the Act, if they allow for features or parameters that are not worse than those mentioned. In accordance with Article 101(5) of the Act, the Contractor who refers to equivalent solutions described by the Buyer is obliged to prove in the offer that the proposed solutions meet the requirements specified in the description of the subject of the order to an equivalent extent. 4) The Buyer requires the Contractor to indicate in the offer the parts of the order which the Contractor intends to entrust to Subcontractors and for the Contractor to provide the names of the Subcontractors if they are already known. 5) The Buyer does not require the submission of subject-related evidence with the offer. 6) In accordance with the provisions of 438 of the Act in connection with Article 95(1) of the Act, the requirements regarding the obligation to employ workers are specified in Part II of the SWZ and Part IV of the SWZ (the requirement applies to the Execution Coordinator). 7) Requirements regarding ICT products, ICT services and ICT processes: The Buyer requires that the subject of the order, including all ICT products, ICT services and ICT processes, as defined in Article 2(11k), (11l) and (11m) of the Act of 5 July 2018 on the national cybersecurity system, used to implement the order – both as main elements and as components, elements of the order implementation environment or accompanying solutions – do not include: 1) ICT products, ICT services or ICT processes indicated in the recommendation of the Government Plenipotentiary for Cybersecurity, as referred to in Article 33(4) and (4a) of the Act of 5 July 2018 on the national cybersecurity system, stating their negative impact on the fundamental interest of the state's security; 2) ICT products, ICT services or ICT processes, the type of which has been determined in the decision of the minister competent for informatisation regarding the recognition of a supplier as a high-risk supplier, as referred to in Article 67b(15) of the Act of 5 July 2018 on the national cybersecurity system. Failure to meet the above requirement will result in the rejection of the offer, in the case of public orders in accordance with Article 226(1)(17) or (19) of the Act of 11 September 2019 – Public Procurement Law. The Buyer reserves the right to verify compliance with the above requirement at any stage of the procedure.