Provision of technical support service for Red Hat software owned by the Ordering Party and delivery of training licenses for Red Hat technology

… Private Cloud operated by the Ordering Party; 2) delivery of training licenses, under the Red Hat Learning Subscription (RHLS220) or equivalent, for the following platforms: a. OpenStack – 2 pcs. b. Ceph – 2 pcs. c. OpenShift, AAP – 2 pcs.; 2.2. Optional Order I (Option I): 1) Technical support for the Red Hat software owned by the Ordering Party (Table No. 1 in Chapter II of the Terms of Reference - OPZ) for a period of 12 months, for the needs of the Private Cloud operated by the Ordering Party; 2) delivery of training licenses, under the Red Hat Learning Subscription (RHLS220) or equivalent, for the following platforms: a. OpenStack – 2 pcs. b. Ceph – 2 pcs. c. OpenShift, AAP – 2 pcs.; 2.3. Optional Order II (Option II): 1) Technical support for the Red Hat software owned by the Ordering Party (Table No. 1 in Chapter II of the Terms of Reference - OPZ) for a period of 12 months, for the needs of the Private Cloud operated by the Ordering Party; 2) delivery of training licenses, under the Red Hat Learning Subscription (RHLS220) or equivalent, for the following platforms: a. OpenStack – 2 pcs. b. Ceph – 2 pcs. c. OpenShift, AAP – 2 pcs. 3. The subject-matter of the contract is described in detail in Chapter II of the ToR – Description of the subject-matter of the contract. 4. Pursuant to Article 139 of the Public Procurement Act, the contracting authority provides for an inverted order in which tenders are to be evaluated, i.e. it will first examine and evaluate the tenders and then make a qualitative selection of the economic operator whose tender has been ranked highest as regards the absence of grounds for exclusion and compliance with the conditions for participation in the procedure. 5. 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". 6. The Contractor submits an offer via the e-Procurement Platform of the Public Procurement Office -https://ezamówienia.gov.pl/pl/. 7. 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. 8. The Contracting Authority informs that before opening tenders in accordance with Art. 4 of the Public Procurement Act will indicate the amount it intends to allocate to the performance of the contract within the guaranteed (basic) scope, for the purposes of verifying whether the condition for invalidating the procedure referred to in Article 255(3) of the Public Procurement Act has been updated, the Contracting Authority will take into account the amount at its disposal for the purposes of performing the basic contract. 9. 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. 10. 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 No L 229/1 of 31.7.2014) and will exclude the Contractor if at least one of the grounds for exclusion set out in a