Brief
This contract involves the supply of software along with the installation of an advanced Audit as a Service. The order is funded by the European Digital Development Funds 2021-2027, specifically under Priority II: Advanced Digital Services, Action 2.2 – Strengthening the National Cybersecurity System. Detailed specifications can be found in the Terms of Reference (OPZ), which is attached as Annex 1 to the contract. The contractor must have a certification for implementing the ISO/IEC 27001 standard or an equivalent, or have an established and maintained Information Security Management System (ISMS) compliant with ISO/IEC 27001 or equivalent, particularly regarding the implementation and maintenance of the offered system. Further details on the conditions for executing the contract are included in the draft provisions of the contract, which are Annex 9 to the SWZ. The contracting authority allows the possibility of subcontracting the execution of the contract. In such cases, the contractor is responsible for the actions of the subcontractors as if they were their own. Delivery location: Gmina Komorniki Office, ul. Stawna 1, 62-052 Komorniki. The documentation mentions trademarks, patents, or origins, which should be treated as quality standards, and it is assumed that they are accompanied by the phrase 'or equivalent.' According to Article 101, paragraph 4 of the Public Procurement Law, if references to standards, technical assessments, approvals, technical specifications, and reference technical systems are made in the documents describing the subject of the contract without the phrase 'or equivalent,' the contracting authority allows equivalent solutions. The contracting authority will recognize equivalent solutions that do not significantly deviate in terms of technology, performance, and functionality from those specified, excluding features unique to the specified solution, such as patented technologies or proprietary protocols. The contractor proposing equivalent solutions must provide evidence that the proposed solutions meet the requirements specified in the contract description. During the execution of the task, the principle of 'do no significant harm' (DNSH) must be followed, particularly regarding energy savings, environmental friendliness, and quality during the purchase of durable goods and intangible assets. The contractor is obliged to adhere to environmental protection principles, including using appropriate means and materials. The offered equipment must be energy-efficient to reduce energy consumption and greenhouse gas emissions. The contracting authority does not foresee the possibility of awarding contracts as mentioned in Article 214, paragraph 1, point 8 of the Law. The contracting authority requires that the contractor or subcontractor employs individuals performing specified tasks under an employment relationship if these tasks are performed as defined in Article 22, paragraph 1 of the Labor Code. The types of tasks necessary for the execution of the contract that require employment under an employment relationship include specialists in implementing IT systems. The verification of employment, the contracting authority's rights to control compliance with employment requirements, and penalties for non-compliance are specified in § 4 of the draft contract provisions (Annex 9 to the SWZ). The contracting authority does not divide the contract into parts, thus not allowing partial offers as mentioned in Article 7, point 15 of the Public Procurement Law. The reason for not dividing the contract is that the subject of the contract is indivisible, concerning the supply of software that must be implemented at the contracting authority. This contract is directed at small and medium-sized enterprises. The lack of division does not disrupt competition in the procurement process.
