Poland – Parts for aircraft – Dostawa technicznych środków materiałowych, materiałów eksploatacyjnych oraz jednorazowego użytku do statków powietrznych

1. The subject of the contract is the delivery of factory-new, i.e. produced in the year of delivery or in the year preceding the year of delivery, technical material resources, operational materials, and single-use items for aircraft in the assortment and quantities specified in the Price Schedule, which is Annex 1 to the SWZ. 2. The Purchaser has divided the subject of the contract into 75 parts, in accordance with the Price Schedule, which is Annex 1 to the SWZ. 3. The Contractor will provide a warranty for the delivered products for a period of 24 months/200 hours of operation (whichever expires first), from the date of acceptance. 4. The products must meet the quality requirements specified in the technical documentation of the manufacturer for the given product. 5. The products must be preserved for a period of 24 months and in accordance with the rules specified in the defence standard NO-16-A800:2007. The use of other protection methods than those in the defence standard NO-16-A800:2007 is permitted, provided that they ensure equal or better protection. 6. The Contractor's quality management system must meet the requirements contained in PN-EN ISO 9001:2015 7. For this contract, the requirements contained in AQAP 2131 ed. C version 1 for items 9÷10, 14÷15, 17÷19, 21, 33, 35 apply. 8. Simultaneously, the Contractor, together with the products in contract parts 9÷10, 14÷15, 17÷19, 21, 33, 35, will provide a Declaration of Conformity OiB issued in accordance with the Act of 17 November 2006 on the system of conformity assessment of products intended for the needs of national defence and security (i.e. Dz. U. z 2022 r. poz. 747 ze zm.) and indicated in the Regulation of the Minister of National Defence of 11 January 2013 on the detailed list of products subject to conformity assessment and the manner and procedure for conducting the conformity assessment of products intended for the needs of national defence (i.e. Dz. U. z 2021 r. poz. 1628 ze zm.) - i.e. in the I conformity assessment procedure. 9. The subject of the contract will be subject to a quality control process, in accordance with the rules specified in the Draft Contract Terms, which is Annex 2 to the SWZ. 10. The subject of the contract is the delivery of military equipment, including technical material resources, which the Purchaser cannot describe in a sufficiently precise and understandable manner, unambiguously and exhaustively, by specifying sufficiently precise technical or quality parameters, therefore the designations of the products (name/designation, Type/Part Number, NSN) are indicated in the Price Schedule, which is Annex 1 to the SWZ, together with information about the type of equipment of which they are a part, component or equipment, with the simultaneous permission to submit equivalent offers in all 75 parts of the contract. 11. In order to meet the requirement arising from art. 99 para. 6 of the Pzp Act, the Purchaser indicates that the criterion serving to assess the equivalence will be the permission for the use of the equivalent product offered on the specified types of equipment that are part of the equipment of the Armed Forces of the Republic of Poland. 12. The Contractor, by offering equivalent products, is obliged to indicate in section 5 of the Price Schedule, which is Annex 1 to the SWZ, in the individual parts of the contract, in the scope of which it offers equivalent products, their names, types, catalogue numbers. In the event of non-completion of column 5, the Purchaser will consider that the Contractor is submitting an offer for the subject of the contract indicated by the Purchaser. 13. The Purchaser requires the submission of subject-specific evidence, as indicated in Section IV of the SWZ, along with the offer. 14. The obligation to submit subject-specific evidence, as mentioned in Section IV of the SWZ, applies only to Contractors offering equivalent products. In the case of offering products indicated by the Purchaser in the SWZ, the submission of these means is not required. 15. The detailed conditions for the implementation of the contract are specified in the Draft Contract Terms, which is Annex 2 to the SWZ. 16. The Purchaser, in accordance with art. 455 of the Pzp Act, allows for the possibility of changing the contract without conducting a new procurement procedure in the cases and on the conditions specified in § 20 of the Draft Contract Terms, which is Annex 2 to the SWZ. 17. The award of the contract is not linked to the provision of the Contractor with non-public information, access to which requires compliance with the provisions of the Act of 5 August 2010 on the protection of non-public information (i.e. Dz. U. z 2025 r. poz. 1209 ze zm.). 18. Based on art. 257 of the Pzp Act, the Purchaser envisages the possibility of invalidating the procurement procedure if the public funds, which the Purchaser intends to allocate for the financing of the contract, are not granted to it. 19. Contract subject designation according to the Common Procurement Vocabulary – code CPV: 34731000-0 – Aircraft parts. 20. The Purchaser does not allow the submission of offers relating to products originating from third countries that are not parties to international agreements. Third countries that are not parties to international agreements are considered to be countries other than those indicated in art. 16b of the Act of 11.09.2019 on Public Procurement (Dz.U. z 2024 r. poz. 1320 with later amendments), countries that are not parties to the Agreement of the World Trade Organization on Government Procurement or other international agreements, of which the European Union is a party, guaranteeing on the basis of reciprocity and equality of access to the public procurement market. The country of origin of the product, in accordance with art. 60 of the Regulation of the European Parliament and of the Council (EU) No 952/2013 of 9.10.2013 establishing the Union Customs Code, is considered to be the country in which: • the product was completely produced, • the product was subjected to the last substantial, economically justified processing or treatment, in an enterprise adapted