NETFORCE-Network for Financial Crimes Against European Union Forcement

The subject of the contract is the purchase and delivery, within the framework of the project "NETFORCE - Network for Financial Crimes Against European Union Enforcement", of XRY PRO ULTIMATED software or equivalent software meeting the criteria/functionality specified in Annex No. 3 to the SWZ (Terms of Reference). The Contracting Authority plans to purchase 1 unit of this software. The software functions described in Annex No. 3 to the SWZ constitute the Contracting Authority's minimum requirements. The Contracting Authority requires that the offered ICT products, ICT services, and ICT processes used for the execution of the contract, both as main elements and components, elements of the service provision environment, or accompanying solutions, do not include: ICT products, ICT services, or ICT processes indicated in the recommendation referred to in Art. 33(4) of the Act of 5 July 2018 on the National Cybersecurity System, stating their negative impact on the essential security interest of the state, or an ICT product whose type has been defined in the decision on recognizing a supplier as a high-risk supplier referred to in Art. 67b(15) of the Act of 5 July 2018 on the National Cybersecurity System, nor ICT services or ICT processes specified in that decision. Failure to meet the above requirements will result in the rejection of the tender pursuant to Art. 226(1)(17) or (19) of the Public Procurement Law Act, respectively. The Contracting Authority agrees to change the delivered product to one other than that offered in the tender form in cases where the Economic Operator demonstrates that the offered product has been discontinued or withdrawn from sale, or is unavailable on the Polish market (confirmed by the manufacturer or a commercial representative on the Polish market). The Contracting Authority allows for the delivery of another product provided that it meets the requirements indicated in paragraph 3, Section IV of the SWZ, and when its functionality is not inferior to that of the offered product, it meets the requirements specified in the procurement documents at least to an equivalent degree, and the unit price is not higher than that offered in the tender form. In the case mentioned above, the Economic Operator must obtain the Contracting Authority's consent to change the offered product. If the Economic Operator does not substantiate the necessity for the change, the Contracting Authority reserves the right to withhold consent to change the offered product. In such an event, the Economic Operator will be obliged to deliver the offered product in accordance with the content of the tender. The Contracting Authority will communicate its consent or lack thereof to the Economic Operator in writing. The tender price must include the purchase along with delivery to the Contracting Authority, i.e., 40-038 Katowice, ul. J. Lompy 19, Block "E". The Contracting Authority requires the product to be brand new, first quality, non-display, free of technical and legal defects, authorized for trade, and meeting the quality and functional standards indicated by the Contracting Authority in Annex No. 3.1 to the SWZ. The Contracting Authority requires the Economic Operator to indicate the manufacturer, name, version, or other additional data enabling the unambiguous identification of the offered product in Annex No. 1 to the SWZ. Failure to enter the manufacturer, name, version, or other additional data enabling the unambiguous identification of the offered product in the tender form will result in the rejection of the tender pursuant to Art. 226(1)(5) of the Public Procurement Law Act as non-compliant with the procurement documents. In the case of offering an equivalent product, the Contracting Authority requires the submission, together with the tender, of subject-matter means of proof in the form of a detailed description of the offered product along with a comparative analysis against the software functionality described in A…