Poland – Medical equipments – Dostawa wyposażenia dla Ambulatoryjnej Opieki Specjalistycznej

1. THE SUBJECT OF THE CONTRACT is the supply of equipment for Ambulatory Specialised Care. 2. The subject of the contract has been detailedly described in Annex No. 1 to the SWZ - Tender Form, in Annexes No. 2.1 to 2.21 to the SWZ – List of Required Quality and Technical Parameters and in Annex No. 5 to the SWZ – Draft Contract Terms, in which the quantity of the subject of the contract and the description of the subject of the contract have been provided. 3. The contract is co-financed within the framework of the co-financing agreement for the Project entitled “Modernisation of premises and purchase of equipment for Ambulatory Specialised Care of the Voivodeship Hospital Complex in Konin named after dr. Roman Ostrzycki” No. FEWP.05.03-IZ.00-0011/24-00 within: Priority 05: European funds supporting social infrastructure for Wielkopolska (EFRR), FEWP.05.03 Health Infrastructure Action, European Funds for Wielkopolska 2021-2027 Programme and the grant agreement No. DZ- IV-A/117/W/2025/FEWP concluded on 23 July 2025 with subsequent changes with the Voivodeship of Wielkopolska with its registered office in Poznań. 4. The contract allows for the submission of partial offers. The subject of the contract has been divided into parts (packages). An offer can be submitted for one, several or all parts of the contract. 5. The subject of the contract will be delivered at the cost, risk and transport of the Contractor. 6. The conditions for the implementation of the Subject of the Contract are also included in the Draft Contract Terms, which constitute Annex No. 5 to the SWZ. 7. The minimum guaranteed level of contract value, to which the Purchaser commits, amounts to: 100% of the contract value. 8. The contract does not allow for the submission of variant offers. 9. In the event that in the OPZ, reference is made to trade marks, patents or origin, source or a special process which characterises the products or services supplied by a specific contractor, this should be understood to mean that each time such a reference is accompanied by the expression “or equivalent”. 10. Under the term “or equivalent”, the Contract refers to the offering of materials guaranteeing the implementation of the task in accordance with the requirements of the Contract and ensuring the achievement of technical parameters not worse than those assumed in the SWZ. The application of equivalent solutions must not lead to a deterioration of the properties of the subject of the contract in relation to those envisaged in the original documentation, nor to a change in the price, nor to a breach of the law. 11. Any product names or manufacturers placed in the OPZ have been used solely for illustrative purposes, i.e. to approximate the requirements which could not be described using sufficiently precise and understandable terms. Any product names and their manufacturers indicated do not aim to infringe the principle of fair competition and equal treatment of contractors. Wherever they are indicated, they should be read as accompanied by the term “or equivalent”. 12. The Contract allows for the supply of equivalent products or equipment in relation to the OPZ, i.e. the offered subject of the contract will have the same or higher technical, quality, functional and usability parameters as those indicated in the OPZ. 13. The trade marks, brand names, etc. (if any) indicated in the OPZ – are solely a quality standard relating to the subject of the contract. In all cases, where, due to the specification of the subject of the contract, product, equipment or material names are indicated, the use of equivalent products, equipment or materials is permitted, i.e. all the materials mentioned by name used in the description of the subject of the contract serve solely to define the standard and may be replaced by others with no worse usability and quality parameters. The Contractor will verify offers containing equivalent solutions in terms of meeting the requirements of individual positions of technical requirements contained in the annexes to the SWZ. The Contractor is obliged to prove the equivalence of the offered assortment in the offer. The burden of proving equivalence is the obligation of the Contractor. The Contractor will not recognise equivalent solutions if they are of a lower quality than the minimum quality requirements indicated in the annexes to the SWZ. 14. Pursuant to Article 101(5) of the Pzp Act: in cases where the description of the subject of the contract refers to standards, technical assessments, technical specifications and technical reference systems, as referred to in Article 101(1)(2) and (3) of the Pzp Act, the Purchaser may not reject an offer solely on the grounds that the offered construction works, supplies or services do not comply with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject of the contract refers, provided that the Contractor proves in the offer, in particular by means of the evidential means referred to in Articles 104-107 of the Pzp Act, that the proposed solutions meet the requirements specified in the description of the subject of the contract to an equivalent extent. 15. Pursuant to Article 101(6) of the Pzp Act: in cases where the description of the subject of the contract refers to requirements relating to performance or functionality, as referred to in Article 101(1)(1) of the Pzp Act, the Purchaser may not reject an offer compliant with the Polish Standard transposing the European Standard, Standards of other Member States of the European Economic Area transposing European Standards, with a European Technical Assessment, with a common technical specification, with an international standard or with a technical reference system established by a European standardisation body, if these standards, technical assessments, specifications and technical reference systems relate to the performance or functionality requirements specified by the Purchaser, provided that the Contractor proves in the offer, in particular by means of the evidential means referred to in Articles 104-107 of the Pzp Act, that the construction object, supply or service meets the performance or functionality requirements specified by the Purchaser. Any product names and their manufacturers indicated have the sole purpose of approximating the requirements which could not be described using sufficiently precise and understandable terms.