Delivery of subscriptions along with provision of technical support services and expert hours services for HPE Morpheus Enterprise Software

… participation in the procedure. 4. The Ordering Party is the controller of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, hereinafter referred to as "GDPR". 5. The Contractor submits an offer via the e-Procurement Platform of the Public Procurement Office - https://ezamówienia.gov.pl/pl/. 6. The Contracting Authority stipulates that, in accordance with Article 257 of the Public Procurement Act, it may cancel the procurement procedure if the public funds which the Contracting Authority intended to use to finance the contract are not granted to it. 7. The tender shall be submitted, failing which it shall be null and void, in electronic form, in accordance with the requirements strictly laid down in the tender specification. 8. The Ordering Party shall not award the contract if the circumstances referred to in Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning organisational measures in connection with Russia's actions destabilising the situation in Ukraine (OJ L 119, 21.7.2014, p. Urz. EU. L. 2014, No 229, p. 1 as amended) and will exclude the Contractor if at least one of the grounds for exclusion set out in Art. 1 of the Act of 13 April 2022 on special solutions to counteract support for the aggression against Ukraine and to protect national security (Journal of Laws 2025, item 514) – in order to confirm that there are no grounds for exclusion, a declaration should be submitted together with the tender, constituting Annex 5 to the tender form. 9. The order must be completed within the following deadlines, i.e.: 9.1. The Contractor will be obliged to ensure the delivery of the Software subscription and Technical Support within 5 Business Days from the date of conclusion of the Agreement. 9.2. Technical support for the Software will be provided for a period of 12 months from 01.01.2027 9.3. The Contractor will be obliged to ensure the possibility of implementing Expert Hours, for a period of 12 months from 01.01.2027. 10. The contracting authority shall require that the subject-matter of the contract, including all ICT products, ICT services and ICT processes used to perform the contract, whether as main components or as components, elements of the environment, provision of services or associated solutions, does not include: 10.1. ICT products, ICT services or ICT processes identified in the recommendation referred to in Art. 4 of the Act of 5 July 2018 on the national cybersecurity system, stating their negative impact on the basic interest of state security; 10.2. 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 para. 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. 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 11. If an equivalent solution is offered, the contracting authority requests that the means of proof in question be submitted together with the tender in order to confirm compliance with the equivalence requirements set out in Chapter II of the ToR – Description of the subject matter of the contract (in accordance with point 6 of Chapter I of the ToR Ins.