"Purchase of server hardware and data storage devices"

… Annex 1 a) and b) to the ToR. 4.6. The Contracting Authority shall require that all ICT products, ICT services and ICT processes used to perform the contract, whether as main components or as components, service environment elements or associated solutions, offered by the Contractor do not constitute: 4.6.1. ICT products, ICT services or ICT processes indicated in the recommendation referred to in Article 33 para. 4 of the Act of 5 July 2018 on the national cybersecurity system, stating their negative impact on the basic interest of state security; 4.6.2. an ICT product, the type of which has been specified in the decision on the recognition of the supplier as a high-risk supplier referred to in Article 67b(2); 15 of the Act of 5 July 2018 on the national cybersecurity system, as well as ICT services or ICT processes specified in this decision. 4.6.3. Failure to comply with the above requirement shall result in the rejection of the tender pursuant to Art. 1 point 17 or point 19 of the Public Procurement Act. 4.7. Contracting authority pursuant to Article 16a and Article 16b(1)(b) CTMR 1 The Public Procurement Act stipulates that: 4.7.1. economic operators from ‘third countries not party to international agreements’ cannot apply for a contract; 4.7.2. economic operators cannot apply for a contract jointly with economic operators from ‘third countries not party to international agreements’; 4.7.3. contractors may not rely on the capacities or situation of entities making resources available, as referred to in Art. 1 of the Public Procurement Act, originating in ‘third countries not party to international agreements’; 4.7.4. contractors may not subcontract part of the contract to ‘third countries not party to international agreements’; 4.7.5. subcontractors may not subcontract part of the contract to sub-contractors from ‘third countries not party to international agreements’. 4.8. Within the meaning of the above-mentioned provisions, point. 4.7. The IPC shall be considered as third countries not party to international agreements by countries not party to the World Trade Organisation Agreement on Government Procurement or other international agreements to which the European Union is a party guaranteeing reciprocal and equal access to the public procurement market. 4.9. Contractors (subcontractors, sub-contractors) from third countries shall be understood as Contractors (sub-contractors, sub-contractors) who carry out economic activities and who are established or resident in countries other than Member States of the European Union and other than States party to the World Trade Organisation Agreement on Government Procurement or parties to other international agreements guaranteeing reciprocal and equal access to the public procurement market to which the European Union is a party. 4.10. The contracting authority, acting on the basis of Art. 1 and 2 of the Act of 11 September 2019 – Public Procurement Law, specifies that it does not allow the submission of tenders in which ‘Purchase of server equipment and data storage devices’ will be offered, originating