The subject of the contract is the provision of technical assistance and maintenance, modification and development of the e-PFRON2 system

1. The subject of the contract is the provision of technical assistance and maintenance, modification and development of the e-PFRON2 system.

2. Under a guaranteed contract:

2.1. the technical assistance and maintenance service of the e-PFRON2 System will be provided for a period of 24 months;

2.2. implementation of modifications and development of the e-PFRON2 System within the pool of 17000 Man-hours.

3. A detailed description of the subject of the contract, the scope and rules for the provision of technical assistance and maintenance, modification and development of the e-PFRON2 system (hereinafter referred to as "OPZ") is included in Annex 1 to the SWZ/Appendix No. 1 to the Agreement.

4. The Ordering Party has the copyright of property rights to the Documentation and Source Codes of the Dedicated System Software.

5. Pursuant to Article 441 of the PPL, the Contracting Authority reserves the right to exercise the option (hereinafter referred to as the "Option") under the Agreement in the scope of:

5.1. extending the term of the Agreement in the scope of technical assistance and maintenance services by a maximum of 24 months. The total term of performance of the Subject of the Agreement under the guaranteed order and Option shall not exceed the total period of 48 months from the date of conclusion of the Agreement;

5.2. increase the pool of Man-hours as part of the modification and development service of the e-PFRON2 System by a maximum of 13000 Man-hours. The total pool of Man-Hours under the guaranteed order and the Option shall not exceed 30,000 Man-Hours.

5.3. details of the Options are contained in paragraph 1 of the Draft Agreement Provisions (hereinafter: "PPU"), constituting Appendix No. 9 to the SWZ.

6. Pursuant to Article 214(1)(7) of the Public Procurement Law, the Contracting Authority provides for the award of a contract to the existing contractor within 3 years from the date of award of a guaranteed contract consisting in the repetition of similar services in the amount of up to 50% of the guaranteed contract (up to the gross value: PLN 2035381.61):

6.1. in the anticipated scope:- indicated in the description of the subject of the contract and in the PPU, in particular regarding the modification and development of the e-PFRON2 System or the Technical Assistance and Maintenance service. The Ordering Party reserves the right to use the entire value of the contract, which it plans to perform pursuant to Article 214 paragraph 1 point 7 of the Public Procurement Law in the scope of Man-hours as part of the modification and development service of the e-PFRON2 System; - changes in the manner and conditions of contract performance; - other changes, provided that they are consistent with the subject of this contract.

6.2. the contract shall be awarded on the terms and conditions specified in the PPL, pursuant to Article 214(1)(7) of the Public Procurement Law, provided that: - there is such a need on the part of the Contracting Authority; - The Contracting Authority will have the necessary financial resources for its implementation, and the current Contractor will ensure a non-worse standard of performance of the contract awarded pursuant to Article 214 paragraph 1 point 7 of the Public Procurement Law; - As a result of negotiations, the parties will agree on the remuneration, the deadline for the performance of the contract, as well as the manner and conditions of its implementation.

6.3. The Contractor shall not be entitled to any claims against the Contracting entity if the Contracting Authority does not award it a contract pursuant to Article 214(1)(7) of the Public Procurement Law.

7. Pursuant to Article 95(1) of the PPL, 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 a public procurement contract (hereinafter referred to as the "Agreement"), in particular in the scope of cooperation with the Contracting Authority in order to manage the implementation of the Agreement on an ongoing basis, the performance of which consists in performing work in the manner specified in Article 22 paragraph 1 of the Act of 26 June 1974 – Labour Code (i.e. Journal of Laws of 2022, item 1510, as amended).

8. The employment of the person/persons referred to in point 7 above must last throughout the period of implementation of the activities listed in point 7 above. (...) continued in Chapter IV, point 8 of the SWZ.