1.The subject of the order is the purchase of a Windows Enterprise subscription and security management tools.

2. A detailed description of the subject of the contract is contained in the model contract with the attachment, constituting Annex No. 9 to the SWZ.

1. The subject of the order is the purchase of a Windows Enterprise subscription and security management tools.

2. A detailed description of the subject of the contract is contained in the model contract, constituting Annex 9 to the SWZ.

3. The Ordering Party shall not allow the submission of partial tenders. Justification for not dividing the contract into lots:

The nature and specificity of the subject of the contract entitled: "Purchase of Windows Enterprise subscription and security management tools" makes it impossible to divide the contract into parts for technical, teleological and economic reasons, because it constitutes a coherent whole. All elements of the contract in question are interlinked and together affect the quality of the solution. The lack of division into lots does not limit access to the contract for small and medium-sized enterprises, and Contractors operating in the industry covered by the subject of the contract may provide all its elements. The order concerns one type of product (subscription to the same manufacturer) and is covered by one sales path (delivery), which results from the nature of the subject of the contract. The sale of Microsoft software is carried out by companies specialized in this direction with the status of Microsoft Licensing Solution Providers – LSP – https://www.microsoft.com/pl-pl/dlapartnerow/kontakty-dystrybucja.aspx.

4. The Contracting Authority does not require the execution of the contract by protected work establishments, social cooperatives, or

other contractors covered by the provision of Article 94 (1) of the Public Procurement Law Act, known as

further “the bill”.

5. The Ordering Party does not require the employment of persons on the basis of an employment relationship.

6. The Contracting Authority does not provide for the possibility of awarding contracts referred to in point 8 of Article 214 (1) of the Act.

7. The Contracting Authority shall not permit the submission of variant tenders.

8. The Awarding Entity does not envisage conducting an electronic auction.

9. The Contracting Authority did not conduct preliminary market consultations prior to the initiation of the procedure.

10. The Contracting Authority in this proceeding does not require the Contractors to submit the measures of evidence in question.

11. The Contracting Authority, within the limits laid down by Articles 462 and the following Act, permits the possibility of carrying out the subject of the contract by the Contractor using subcontractors. The Contractor who intends to entrust the execution of part of the contract to subcontractors shall indicate in the offer the parts of the contract to be entrusted to the subcontractors and shall specify the names of possible subcontractors if they are already known.

12. Justification of the 100% price criterion:

The description of the subject of the contract contains the Ordering Party's requirements as to the quality of the sales carried out, which each contractor is to meet and the cost of the software license (which is the subject of the contract) results from the generally available Microsoft price list. Bearing in mind the sales path, the only criterion is the cost associated with the implementation of the sale by the seller, having the status of Microsoft Licensing Solution Providers – LSP. The quality requirements referred to in Article 246(2) of the Act have been described in detail by the Ordering Party in §2, 3 and 4 of the model contract.

13. These proceedings are proceeded, in accordance with the Act of 11 September 2019 – Public Procurement Law (i.e. Journal of Laws of 2021, item 1129, as amended), hereinafter referred to as the "Act", in the form of an unlimited tender, using the so-called "reverse procedure" described in Article 139 of the Act, with the proviso that each Contractor is obliged to submit a statement together with the offer, referred to in point 6.1.6. SWZ.

14. The Contractor, before the deadline for submitting tenders, is obliged to lodge a security in the amount of: PLN 1,000.00 and maintain it indefinitely until the date of expiry of the deadline for binding the offer, except in the cases referred to in Article 98(1)(2) and (3) and (2) of the Act. Details of the security have been

described in paragraph 13 of SWZ.