The subject of the contract is the renewal of support for disk arrays.

A detailed description of the subject of the contract is specified in Part III SWZ OPZ and in Part IV SWZ in PPU.

The contract shall be awarded as part of which each shall be the subject of a separate procedure.

GDPR - Information Clause contained in SWZ.

The contract is included in the plan of procurement procedures published in the Public Procurement Bulletin for 2023 under number 2.2.17.

Ordering Party:

- does not provide for the possibility and does not specify the obligation for the Contractor to carry out an on-site inspection;

- does not provide that it will annul the proceedings in the cases referred to in Article 257 of the PPL (hereinafter referred to as the 'PPL');

- does not specify the requirement for the Contractor or subcontractor to employ persons on the basis of an employment contract;

- did not take into account the requirements of Article 101(1)(1) of the Public Procurement Law with regard to the subject of the contract;

- does not reserve the requirements related to the performance of the contract referred to in Article 96(1) of the Public Procurement Law;

- does not require the Contractor to employ persons under Article 96(2)(2) of the Public Procurement Law;

- does not provide for and does not require the Contractor to submit together with the offer the means of proof in question

- does not require a deposit and a guarantee of proper performance of the contract

- does not provide for the possibility of awarding contracts under Article 214(1)(8) of the Public Procurement Law;

- does not reserve the right to apply for the award of a contract only by contractors referred to in Article 94 of the Public Procurement Law

- does not provide for reimbursement of the costs of participation in the proceedings, except for the reimbursement of reasonable costs of participation in the proceedings

Executor:

The contract may be awarded to a Contractor who:

- meets the conditions for participation referred to in Article 112 of the PPL described in part II. II SWZ;

- has submitted a tender which cannot be rejected pursuant to Article 226(1) of the PPL;

- shall not be excluded from the proceedings on the grounds of:

a) Article 108(1) of the Public Procurement Law, the full wording is indicated in Part I of the SWZ;

b) Article 7(1) of the Act of 13 April 2022 on special solutions in the field of counteracting support for aggression against Ukraine and serving to protect national security (Journal of Laws of 2023, item 129), hereinafter referred to as "UPWAU" - the following shall be excluded from the public procurement procedure:

1) the contractor and the contest participant included in the lists set out in Regulation 765/2006 and Regulation 269/2014 or entered on the list on the basis of a decision on inclusion on the list determining the application of the measure referred to in Article 1 point 3;

2) the contractor and the participant of the competition, whose beneficial owner within the meaning of the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2022, items 593 and 655) is a person listed in Regulation 765/2006 and Regulation 269/2014 or entered on the list or being such a beneficial owner from 24 February 2022, provided that it has been included on the list on the basis of a decision on inclusion in the list determining the application of a measure referred to in point (3) of Article 1;

3) the contractor and the participant of the competition, whose parent company within the meaning of Article 3(1)(37) of the Accounting Act of 29 September 1994 (Journal of Laws of 2021, items 217, 2105 and 2106) is an entity listed in Regulation 765/2006 and Regulation 269/2014 or entered on the list or being such a parent company from 24 February 2022, provided that he has been included in the list on the basis of a decision on the list deciding on the application of a measure referred to in point (3) of Article 1.

c) Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in connection with Russia's actions destabilising the situation in Ukraine (Journal of Laws of 2014 No. 229, p. 1, as amended) the Contractor with the participation of:

1. Russian citizens or natural or legal persons, entities or bodies established in Russia;

2. legal persons, entities or bodies whose ownership rights are directly or indirectly owned by an entity referred to in point (a) of this paragraph for more than 50 percent; or

3. natural or legal persons, entities or bodies acting on behalf of or at the direction of an entity referred to in points (a) or (b) of this paragraph, including subcontractors, suppliers or bodies whose capacities are relied on within the meaning of the Directives

on public procurement, where it accounts for more than 10 % of the value of the contract.