Poland – Pharmaceutical products – Dostawa produktów leczniczych stosowanych w leczeniu tętniczego nadciśnienia płucnego (TNP) w ramach programów lekowych

The subject of the contract are successive deliveries, carried out on the basis of current orders of the Purchaser, of medicinal products used in the treatment of pulmonary arterial hypertension (PAH), — within drug programs, divided into parts (tasks) of the order, including: Task No. 1 - Drug program for PAH treatment Task No. 2 - Drug program for PAH treatment Task No. 3 - Drug program for PAH treatment Task No. 4 - Drug program for PAH treatment Task No. 5 - Drug program for PAH treatment Task No. 6 - Drug program for PAH treatment Task No. 7 - Drug program for PAH treatment The detailed description of the subject of the order, including the assortment, doses, forms, and quantities, is specified in Annex No. 2 to the SWZ – Price and assortment form. 2. The assortment that is the subject of the order must be approved for sale and use in the territory of the Republic of Poland in accordance with the Act of 6 September 2001 – Pharmaceutical Law (consolidated text: Journal of Laws 2026 item 612 with later amendments). The Contractor is obliged to have all the documents required by law to allow the offered medicinal products to be sold and to present them at the request of the Purchaser (with the exception of medicinal products imported under the end-use import procedure). 3. In the submitted tenders, the commercial name of the preparation, the size of the packaging, the name of the manufacturer, the GTIN/EAN code, the permit number allowing for sale, and detailed information about the product must be provided. In cases where the offered package of the drug contains a different number of units (e.g. tablets, ampoules), the Contractor is obliged to convert the quantity of packages accordingly. In the case of receiving an incomplete number of packages, the quantity should be rounded up to a full package. The EAN (GTIN) code indicated in the Price and assortment form has an informative character and serves to identify the offered product on the date of submission of the tender. A change in the EAN (GTIN) code during the validity of the contract, resulting from a change in packaging, distributor or trade name, while maintaining the same active substance, dose, pharmaceutical form and permit number for sale, does not constitute a change in the content of the tender or a change in the contract. 4. The Purchaser allows the exchange of tablets for capsules (and vice versa), the exchange of ampoules for vials (and vice versa) provided that the same form of the drug is maintained. However, the Purchaser does not allow the exchange of prolonged-release and modified-release drugs for a drug in the form of a conventional tablet, dragee, capsule. 5. The Purchaser requires that in order to maintain the safety of pharmacotherapy, different doses of the same medicinal product included in one Task come from one manufacturer - this applies to the same form of the drug. Furthermore: The Purchaser envisages the extension of the order in accordance with Article 441(1) of the Pzp Act in the scope of increasing the quantity of individual assortments due to the nature and specificity of the order, taking into account the changing actual demand. In this regard, the Purchaser reserves the right to exercise the option to increase the quantity of the ordered subject of the order by up to 50% (depending on the assortment position) during the contract implementation period, in relation to the quantity constituting the basic order. The Contractor undertakes to enable the Purchaser to purchase additional quantities of the subject of the order on the same terms as the deliveries covered by the basic order. The Purchaser may exercise the option in whole or in part. The option is an entitlement of the Purchaser, which it may, but does not have to, exercise within the framework of the implementation of the contract. In the event that the Purchaser does not exercise the option, the Contractor shall not be entitled to any claims on this basis. The order under the option is a unilateral entitlement of the Purchaser, therefore the non-exercise of the option by the Purchaser does not constitute a basis for the Contractor to pursue any claims against the Purchaser. The order covered by the option the Contractor will be obliged to execute after prior receipt of a notification from the Purchaser that it intends to exercise the option, containing the number x (name of the assortment) within the substantive entitlement of the Purchaser. The rules for the implementation of the order covered by the option will be the same as those applicable to the implementation of the basic order. The Purchaser also reserves that the unit prices covered by the option will be identical to those in the basic order and unchanged throughout the contract implementation period. In the event of exercising the option, a change to the contract or conclusion of a separate contract will not be required. The Purchaser will provide the Contractor with written information about the need to implement the option. The specific quantity intended for purchase of the subject of the order within the scope of the option is given in Annex No. 2 to the SWZ. In accordance with Article 257 of the Pzp Act, the Purchaser envisages the possibility of invalidating the procedure for awarding a public order if the funds that the Purchaser intended to allocate for the financing of the whole or part of the order have not been granted to it. The Purchaser does not require Contractors to submit subject-specific evidence.