The subject of the contract shall be the provision by the contractor to the contracting operator:
1. Technical Assistance and Maintenance Services of the SODiR System (hereinafter referred to as "ATiK") – a guaranteed order. ATiK will be provided under a guaranteed order for the period specified in point 5.1 of Chapter 5 of the SWZ. The rules for the provision of ATiK are contained in the Description of the Subject of the Order constituting Annex No. 1 to the SWZ (hereinafter referred to as "OPZ");
2. Modification and Development of the SODiR System (hereinafter referred to as "MR"). MR will be provided under a guaranteed order in the amount of 50,000 Man-hours, while in the option within the maximum pool of 50,000 Man-hours. The rules of the MR benefit are included in the OPZ. MR will be provided for the period specified in point 5.1 of Chapter 5 of the Terms of Contract (hereinafter referred to as "SWZ")
3. Services of Manual Execution of Additional Activities described in clause 4.3 of the OPZ (hereinafter referred to as "RCD"). RCDs will be implemented under the option described below.
1. The subject of the contract is the provision by the Contractor to the Contracting Authority:
1.1. Technical Assistance and Maintenance Services of the SODiR System (hereinafter referred to as "ATiK") – guaranteed order. ATiK will be provided under a guaranteed order for the period specified in point 5.1 of Chapter 5 of the SWZ. The rules for the provision of ATiK are contained in the Description of the Subject of the Order constituting Annex No. 1 to the SWZ (hereinafter referred to as "OPZ");
1.2. Modification and Development of the SODiR System (hereinafter referred to as "MR"). MR will be provided under a guaranteed order in the amount of 50,000 Man-hours, while in the option within the maximum pool of 50,000 Man-hours. The rules of the MR benefit are included in the OPZ. MR will be provided for the period indicated in point 5.1 of Chapter 5 of SWZ;
1.3. Services of Manual Execution of Additional Activities described in point 4.3 of the OPZ (hereinafter referred to as "RCD"). RCDs will be implemented under the option described below.
Details of the options are described in points 4.5 – 4.17 of the SWZ and the draft provisions of the public procurement contract, which will be introduced into the content of the contract constituting Annex 2 to the SWZ (hereinafter referred to as "PPU")
2. As part of the implementation of the subject of the contract, the Contractor also undertakes:
2.1. prepare for the provision of the Subject of the Agreement;
2.2. provide the Ordering Party with a guarantee and warranty on the terms described in detail in Section 3 of the Agreement;
2.3. transfer to the Ordering Party proprietary copyrights and dependent rights to the Products manufactured or delivered during the performance of the Agreement on the terms and conditions described in detail in Article 8 of the PPU;
2.4. provide the Ordering Party with licenses to use the Products, under the conditions and terms described in detail in Section 8 of the PPU.
3. Details and conditions of the subject of the contract are included in the OPZ and the User's Guide constituting Annex 13 to the SWZ.
4. The terms and conditions of the contract are also included in the PPU.
5. The deadline for the implementation of the subject of the contract – 36 months from the date of conclusion of the Agreement, but not earlier than from 27.09.2023.
6. Details of the remaining deadlines for the subject of the contract can be found in the OPZ.
7. The estimated amount of the contract referred to in Sections II.1.5) and II.2.6) shall comprise:
7.1. estimated value of the guaranteed contract in the amount of PLN 18,823,290.60
7.2. estimated value of options in the amount of - PLN 11,208,258.12
7.3. the estimated value of the contract referred to in Article 214(1)(7) of the Public Procurement Law in the amount of PLN 9,411,645.30 (see section II.2.10) of this announcement
8. The Contractor whose offer is selected as the most advantageous shall be obliged to lodge a performance bond at the latest before the date of conclusion of the Agreement set by the Contracting entity, in the amount of 5% of the total gross price of the guaranteed contract specified in the offer.
9. The Contracting Authority shall demand payment of a bid bond in the amount of PLN 400,000.00 (in words: four hundred thousand zlotys zero groszy) before the deadline for submitting bids and its maintenance continuously until the date of expiry of the bid validity period, except for the cases referred to in Article 98(1)(2) and (3) and (2) of the PPL.
10. The contracting authority informs that, pursuant to Article 139 of the PPL, it will first examine and evaluate the tenders, and then it will make a subjective qualification of the contractor whose bid was rated the highest in terms of the lack of grounds for exclusion and meeting the conditions for participation in the procedure. Pursuant to Article 139(2) of the Public Procurement Law, the Contracting Authority shall demand the declaration referred to in Article 125(1) of the PPL only from the Contractor whose bid was rated the highest.