Poland – Software package and information systems – Dostawa subskrypcji wraz z zapewnieniem usług wsparcia technicznego oraz usług godzin eksperckich dla HPE Morpheus Enterprise Software

The subject of the contract is: 1.1. delivery of a subscription with the provision of technical support services for HPE Morpheus Enterprise Software in the amount of 180 CPU sockets (2700 workloads) or equivalent; 1.2. provision of Expert Hours service within the option in the number of up to 120 Man-Hours, according to the description in point 7 of the SWZ. 2. The subject of the contract is described in detail in Section II of the SWZ – Description of the Subject of the Contract. 3. The Contracting Authority, pursuant to Article 139 of the Pzp Act, provides for a reverse order of evaluation of tenders, i.e. first it will conduct an examination and evaluation of tenders, and then it will qualify the Contractor, whose tender was most highly evaluated, in terms of the absence of grounds for exclusion and the fulfillment of the conditions for participation in the procedure. 4. 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 27.4.2016 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”. 5. The Contractor submits a tender through the eZamowienia Platform of the Public Procurement Office - https://ezamowienia.gov.pl/pl/. 6. The Contracting Authority reserves the right, in accordance with Article 257 of the Pzp Act, to 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. 7. The tender is submitted, under pain of invalidity, in electronic form, according to the requirements strictly specified in the SWZ. 8. 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, 31.7.2014, p. 1, as amended) 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 for the aggression on 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. 5 to the Tender Form must be submitted with the tender. 9. The contract shall be executed within the following deadlines, i.e.: 9.1. The Contractor shall be obliged to ensure the delivery of the Software Subscription and Technical Support within 5 Working Days from the date of conclusion of the Agreement. 9.2. Technical support for the Software shall be provided for a period of 12 months from 01.01.2027. 9.3. The Contractor shall be obliged to ensure the possibility of implementing Expert Hours for a period of 12 months from 01.01.2027. 10. The Contracting Authority requires that the subject of the contract, including all ICT products, ICT services and ICT processes used to implement the contract, both as main elements and as components, environmental elements, service provisions or accompanying solutions, does not include: 10.1. 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; 10.2. an ICT product, the type of which has been determined in a decision on the recognition of a 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. Failure to meet the above requirement results in the rejection of the tender on the basis of Article 226(1) point 17 or point 19 of the Pzp Act. 11. In the event of an equivalent solution being offered, the Contracting Authority requires the submission of the subject matter evidence with the tender, to confirm compliance with the requirements in the scope of equivalence, specified in Section II of the SWZ – Description of the Subject of the Contract (in accordance with point 6 of Section I of the SWZ Instructions for Contractors).