Poland – Miscellaneous medical devices and products – DOSTARCZENIE SPRZĘTÓW MEDYCZNYCH WG 8 PAKIETÓW

**Conditions for participation in the procedure and the way of assessing the fulfilment of 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, i.e.:

1) are not subject to exclusion

2) meet the conditions for participation in the procedure. The Contracting Authority does not set a specific condition for participation in the Procedure.

2. Contractors who are not subject to exclusion from the procedure pursuant to Article 108 of the Pzp Act and Article 109(1)(1) and (4) of the Pzp Act and are not subject to exclusion from the procedure pursuant to Article 7(1) of the Act of 13 April 2022 on special solutions in the field of counteracting support for aggression against Ukraine and serving to protect national security (i.e. Journal of Laws of 2025, item 514), and are not prohibited from awarding or further executing any public contracts pursuant to 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 Contracting Authority, pursuant to Article 139(1) of the Pzp Act, informs that it will first examine and evaluate the tenders, and then qualify the contractor whose tender has been highest evaluated, in terms of the absence of grounds for exclusion and the fulfilment of the conditions for participation in the procedure.

**List of evidence or documents that Contractors must submit to confirm the fulfilment of the conditions for participation in the procedure**

1. In the scope of demonstrating the fulfilment by the Contractor of the conditions referred to in Article 57 of the Pzp Act, the Contractor submits: a) a declaration of fulfilment of the conditions for participation in the procedure – signed appropriately by the person(s) authorised to represent the Contractor. The relevant declaration, the Contractor submits in the form of a single document, constituting Annex No. 4 to the Specification (form JEDZ);

2. In the scope of confirming the absence of grounds for exclusion from the Procedure in the circumstances referred to in Article 108 of the Pzp Act and Article 109(1)(1) and (4) of the Pzp Act and Article 7(1) of the Act of 13 April 2022 on special solutions in the field of counteracting support for aggression against Ukraine and serving to protect national security (i.e. Journal of Laws of 2025, item 514) and 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), the Contractor submits: a) a declaration of the absence of grounds for exclusion from the procedure – completed and signed appropriately by the person(s) authorised to represent the Contractor. The relevant declaration the Contractor submits in the form of a single document, constituting Annex No. 4 to the Specification (form JEDZ), b) declarations that the Contractor is not subject to exclusion from the procedure pursuant to Article 7(1) of the Act of 13 April 2022 on special solutions in the field of counteracting support for aggression against Ukraine and serving to protect national security (i.e. Journal of Laws of 2025, item 514) and is not prohibited from awarding or further executing any public contracts pursuant to 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) – completed and signed appropriately by the person(s) authorised to represent the Contractor - Annex No. 2 to the Specification. The Contracting Authority does not envisage the possibility of awarding similar contracts, as referred to in Article 214(1)(7) and (8) of the Pzp Act.

**Self-cleansing procedure**

1. The Contractor is not subject to exclusion in the circumstances specified 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 he proves to the Contracting Authority that he has met the following cumulative conditions: 1) has remedied or committed to remedy the damage caused by the offence, misdemeanour or his improper conduct, including through financial redress; 2) has comprehensively explained the facts and circumstances related to the offence, misdemeanour or his improper conduct and the damages caused thereby, actively cooperating appropriately with the competent authorities, including law enforcement authorities, or the Contracting Authority; 3) has taken concrete technical, organisational and personnel measures, appropriate to prevent further offences, misdemeanours or improper conduct, in particular: a) has severed all links with persons or entities responsible for the improper conduct of the contractor, b) has reorganised the personnel, c) has introduced a reporting and control system, d) has established internal audit structures to monitor compliance with rules, internal regulations or standards, e) has introduced internal regulations concerning responsibility and redress for non-compliance with rules, 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 his 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 his reliability, the Contracting Authority excludes the contractor.

3. The contractor may be excluded by the Contracting Authority at any stage of the contract award procedure.

4. In order to take advantage of the "self-cleansing" institution, the Contractor is obliged to complete the relevant information in the declaration constituting Annex No. 4 to the Specification (form JEDZ).