Poland – Miscellaneous medical devices and products – DOSTARCZENIE SPRZĘTÓW MEDYCZNYCH WG 2 PAKIETÓW

The subject of the contract is the delivery of medical equipment in 2 packages to the Contracting Authority's premises in accordance with the description and requirements set out in Annex 1A-1B to the Specification (within the scope of the respective Package 1-2). 2. Offers not containing the full scope of the subject of the contract will be rejected. 3. The remaining conditions of the contract are specified in the draft contract, which is Annex 3 to this Specification. CONDITIONS FOR PARTICIPATION IN THE PROCEDURE AND THE METHOD OF ASSESSING COMPLIANCE WITH THESE CONDITIONS 1. Contractors who meet the conditions specified in Article 57 of the Pzp Act and Article 112(2) of the Pzp Act may apply for the contract, namely: 1) are not excluded 2) meet the participation conditions, relating to: a) the ability to operate in business The Contracting Authority does not set a specific condition for participation in the Procedure. b) the authorisation to carry out a specific economic or professional activity The Contracting Authority does not set a specific condition for participation in the Procedure. c) the economic or financial situation The Contracting Authority does not set a specific condition for participation in the Procedure. d) the technical or professional capacity The Contracting Authority does not set a specific condition for participation in the Procedure. Contractors who are not excluded from the procedure under Article 108 of the Pzp Act and Article 109(1)(1) and (4) of the Pzp Act, and who are not excluded from the procedure under Article 7(1) of the Act of 13 April 2022 on special solutions to counter the support for the aggression against Ukraine and serving to protect national security (Journal of Laws of 2022, item 835), and who are not prohibited from being awarded or continuing to perform any public contracts under Article 5k(1) of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ EU L 229, 31.07.2014, p. 1, as amended), may participate in the Procedure. The assessment of compliance with the exclusion grounds, as referred to in paragraph 3, will be carried out on the basis of the formula "subject to – not subject to", based on the declaration and documents submitted by the Contractor, as referred to in section X.1. 4. In order to confirm compliance with the conditions for participation in the procedure and the absence of grounds for exclusion from the procedure, the Contracting Authority requires the submission of a declaration by the Contractor in the form of a single European form for public procurement (JEDZ). In the case of Contractors jointly applying for the contract, each Contractor submits the JEDZ form. The template for the JEDZ form is set out in Commission Delegated Regulation (EU) 2016/7 of 5 January 2016 (OJ EU L 3/16), the template of which is Annex 4 to the Specification. PROCEDURE FOR SELF-CLEANING 1. A Contractor is not excluded in the circumstances set out in Article 108(1)(1), (2) and (5) of the Pzp Act or Article 109(1)(2)-(5) and (7)-(10) of the Pzp Act, if it proves to the Contracting Authority that it has met the following cumulative conditions: 1) repaired or committed to repairing the damage caused by the offence, misdemeanour or its improper conduct, including by monetary compensation; 2) fully explained the facts and circumstances related to the offence, misdemeanour or its improper conduct and the damage caused by it, actively cooperating appropriately with the relevant authorities, including law enforcement authorities, or the Contracting Authority; 3) taken concrete technical, organisational and personnel measures, appropriate for preventing further offences, misdemeanours or improper conduct, in particular: a) severed all links with persons or entities responsible for the improper conduct of the Contractor, b) reorganised the personnel, c) implemented a reporting and control system, d) created internal audit structures to monitor compliance with laws, internal regulations or standards, e) introduced internal regulations on responsibility and compensation for non-compliance with laws, internal regulations or standards. 2. The Contracting Authority assesses whether the actions taken by the Contractor, as referred to in paragraph 1, are sufficient to demonstrate its reliability, taking into account the weight and special circumstances of the Contractor's conduct. If the actions taken by the Contractor, as referred to in paragraph 1, are not sufficient to demonstrate its reliability, the Contracting Authority excludes the Contractor. 3. The Contractor may be excluded by the Contracting Authority at any stage of the procedure for the award of the contract. 4. In order to benefit from the "self-cleaning" institution, the Contractor is required to complete the relevant information in the declaration constituting Annex 4 to the Specification (JEDZ form).