The subject of the contract is the provision of IT support in relation to the Oracle software owned by the Ordering Party and the Oracle software extensions owned and used by the Ordering Party specified in the table (Table I) located in Chapter IV point 1 of the Terms of Reference (ToS).
1. The subject of the contract is the provision of IT support in relation to the Oracle software owned by the Contracting Authority and the Oracle software extensions owned and used by the Ordering Party specified in the table (Table I) located in Chapter IV point 1 of the Terms of Reference.
2. With respect to the software referred to in point 1 of this Chapter, IT support services include:
2.1. access to and the possibility of using updates, patches and the latest versions of the software specified in point 1 of Chapter IV of the Terms of Reference, made available by the software manufacturer from the date of commencement of IT support to the date of its completion;
2.2. access to the latest versions of the software shall be provided to the Ordering Party immediately after they are made available by the software producer;
2.3. from the date of commencement of IT support to the date of its completion, the possibility of using technical support in the field of handling requests in electronic form (via MyOracle Support) or by phone, on business days, i.e. from Monday to Friday, excluding public holidays, from 9:00 a.m. to 5:00 p.m. (hereinafter referred to as "Business Days") in Polish by the Technical Support Department and 24 hours a day, 7 days a week in English by Oracle Technical Support;
2.4. providing electronic access to information on the software owned by the Ordering Party and software extensions specified in point 1 of Chapter IV of the Terms of Reference, Oracle technical bulletins, programming patches and a database of reported technical problems, 24 hours a day, 7 days a week.
3. Pursuant to Article 95(1) of the Public Procurement Law, the Contracting Authority requires the contractor or subcontractor to employ on the basis of an employment contract a person/persons performing activities related to the supervision of the performance of the public procurement contract (hereinafter referred to as the "Agreement"), in particular with respect to cooperation with the Contracting Authority in order to manage the performance of the Contract on an ongoing basis, the performance of which consists in performing work in the manner specified in Article 22(1) of the Act of 26 June 1974 – the Labour Code (i.e. Journal of Laws of 2022, item 1510, as amended. amended).
4. The employment of the person(s) referred to in point 3 above must last for the entire period of performance of the activities listed in point 3 above. In the event of termination of the employment relationship (termination or expiration) of the person/persons employed/persons employed by the contractor or subcontractor before the end of the term of performance of the Agreement, the Contractor is obliged to notify the Contracting Authority of this fact in a documentary form (in writing or by e-mail to the e-mail addresses indicated in Paragraph 10 section 1 of Appendix No. 7 to the Terms of Reference) within 5 working days from the date of termination or expiry of the employment relationship. In such a case, the contractor or subcontractor will be obliged to employ another person on the basis of an employment contract within 1 month from the date on which the employment relationship with the previous employee was terminated or expired.