Poland – Cardiac-monitoring devices – Dostawa materiałów i akcesoriów medycznych do monitorowania hemodynamicznego wraz z dzierżawą platform hemodynamicznych

1. The following contractors may apply for the contract: 1) those not excluded under art. 108 para. 1 and art. 109 para. 1 point 4 of the Public Procurement Law (Pzp) 2) those meeting the participation conditions in the following areas: a) ability to operate in the market - The contracting authority does not specify detailed participation conditions in this area. b) entitlement to carry out a specific economic or professional activity, if this results from separate provisions - The contracting authority does not specify detailed participation conditions in this area. c) economic or financial situation - The contracting authority does not specify detailed participation conditions in this area. d) technical or professional capability - The contracting authority does not specify detailed participation conditions in this area. 3) those not excluded under art. 7 para. 1 of the Act of 13 April 2022 on special solutions to counter support for aggression against Ukraine and serving to protect national security (Journal of Laws of 2025, item 514) 4) those not subject to the prohibition referred to in art. 5k 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 (Official Journal of the EU L 229 of 31 July 2014, p. 1, as amended), as amended by Council Regulations (EU) amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine *) *) The prohibition also covers subcontractors, suppliers and entities on whose capabilities the contractor relies, in cases where more than 10 % of the contract value falls on them. NOTE: The grounds for exclusion referred to in point 1.1) and in other places in the SWZ are specified directly in the Pzp and specify that the contractor is excluded from the procedure: 1) if they are a natural person who has been finally convicted of a crime: a) of participating in an organised criminal group or association aimed at committing a crime or a fiscal crime, as referred to in art. 258 of the Criminal Code, b) of trafficking in human beings, as referred to in art. 189a of the Criminal Code, c) as referred to in art. 228–230a, art. 250a of the Criminal Code, art. 46–48 of the Act of 25 June 2010 on sport (Journal of Laws of 2020, item 1133 and of 2021, items 2054 and 2142) or art. 54 para. 1–4 of the Act of 12 May 2011 on the reimbursement of medicines, special foodstuffs for special medical purposes and medical devices (Journal of Laws of 2022, items 463, 583 and 974), d) of financing a crime with a terrorist character, as referred to in art. 165a of the Criminal Code, or a crime of impeding or obstructing the establishment of the criminal origin of money or concealing its origin, as referred to in art. 299 of the Criminal Code, e) with a terrorist character, as referred to in art. 115 § 20 of the Criminal Code, or aimed at committing this crime, f) of entrusting a minor foreigner with work, as referred to in art. 9 para. 2 of the Act of 15 June 2012 on the consequences of entrusting foreigners staying in breach of the law on the territory of the Republic of Poland with work (Journal of Laws of 2021, item 1745), g) against economic turnover, as referred to in art. 296–307 of the Criminal Code, a crime of fraud, as referred to in art. 286 of the Criminal Code, a crime against the credibility of documents, as referred to in art. 270–277d of the Criminal Code, or a fiscal crime, h) as referred to in art. 9 para. 1 and 3 or art. 10 of the Act of 15 June 2012 on the consequences of entrusting foreigners staying in breach of the law on the territory of the Republic of Poland with work – or for an appropriate prohibited act specified in the provisions of foreign law; 2) if a member of its management or supervisory body, a partner in a general or limited partnership or a proxy has been finally convicted of a crime, as referred to in point 1; 3) against whom a final court judgment or final administrative decision has been issued on arrears with the payment of taxes, fees or social or health insurance contributions, unless the contractor makes the payment of the due taxes, fees or social or health insurance contributions together with interest or penalties or concludes a binding agreement on the repayment of these amounts before the deadline for submitting applications for admission to the procedure or before the deadline for submitting tenders; 4) against whom a ban on applying for public contracts has been finally imposed; 5) if the contracting authority can establish, on the basis of credible evidence, that the contractor has entered into an agreement with other contractors aimed at distorting competition, in particular if, belonging to the same capital group within the meaning of the Act of 16 February 2007 on the protection of competition and consumers, they submitted separate tenders, partial tenders or applications for admission to the procedure, unless they prove that they prepared these tenders or applications independently of each other; 6) if, in the cases referred to in art. 85 para. 1, there has been a distortion of competition resulting from the earlier involvement of that contractor or an entity belonging to the same capital group with the contractor within the meaning of the Act of 16 February 2007 on the protection of competition and consumers, unless the distortion of competition caused by this can be eliminated in a different way than by excluding the contractor from participation in the procedure for the award of the contract. 7) in respect of which liquidation has been opened, bankruptcy has been declared, whose assets are managed by a liquidator or a court, has concluded an agreement with creditors, whose business activity is suspended or is in a similar situation resulting from a similar procedure provided for in the provisions of the place where this procedure was initiated.