RB-18-2017 Signing the Agreement on “Delivery and Implementation of the System for Digital Registration of Court Proceedings in Common Courts”

RB-18-2017 Signing the Agreement on “Delivery and Implementation of the System for Digital Registration of Court Proceedings in Common Courts”

The Management Board of Comarch S.A. (the “Issuer”) hereby informs that as a result of resolution of public procurement procedure on the 20th of October, 2017, the Consortium of Comarch Polska S.A. (a subsidiary of Comarch S.A.) as a Leader of the Consortium and MAXTO Sp. z o.o. S.K.A. as a Member of the Consortium (the “Consortium”) signed the agreement with the Treasury represented by the Minister of Justice (the “Ministry of Justice”) on delivery and implementation of the system for digital registration of court proceedings in common courts (the “Agreement”). The delivery, installation, configuration, implementation and launch of the system will be completed not later than by 31st of August, 2018, while services and technical support will be carried out for 48 months from the first day of the full month after signing by the Ministry of Justice the final protocol without reservation. The maximum remuneration payable the Consortium for the performance of the Agreement shall not exceed PLN 137,805,711.72 gross.

Contractual penalties are as follows:
a) contractual penalty in the amount of PLN 20,000,000.00 in case of withdrawal from the Agreement by Ministry of Justice due to the Consortium’s fault in accordance with the Agreement’s provisions, in particular if the withdrawal of the Agreement occurs in the event of a delay of performing any of the stages of the Agreement exceeding 14 days (irrespective of contractual penalties for delay),
b) contractual penalty in the amount of PLN 20,000,000.00 in the event of withdrawal from the Agreement by Consortium for reasons beyond the control of the Ministry of Justice,
c) contractual penalty in the amount of PLN 50,000.00, PLN 100,000.00 or PLN 250,000.00 for each day of delay (except for the reasons attributable to the Treasury) in the implementation of the object of the Agreement, depending on the scope,
d) contractual penalty in the amount of PLN 5,000,000.00 in the event of default by the Consortium obligations under the Agreement and related to the reimbursement of the source code.

Contractual penalties related to maintenance services and technical support:
e) contractual penalty in the amount of PLN 10,000.00 for each day of delay in the repair of the fatal error,
f) contractual penalty in the amount of PLN 2,000.00 for each day of delay in the repair of a non-fatal error,
g) contractual penalty in the amount of PLN 2,000.00 for each day of delay in the implementation of the configuration.

The Ministry of Justice may claim for damages exceeding the value of the contractual penalties in line with general conditions.

Financial conditions of the Agreement do not differ from those commonly used in the market for such contracts.

The Management Board of Comarch S.A. considered this information as inside information due to the value of the Agreement and due to its potential influence for the financial and economic situation of the Issuer.

The total value of contracts concluded by the companies in the Comarch Group with the Ministry of Justice during the previous 12 months amounted to PLN 145,253,295.62 gross.