Poland – Miscellaneous medical devices and products – SUPPLY OF MEDICAL EQUIPMENT ACCORDING TO 2 PACKAGES

Opportunity description

1. The subject matter of the contract is the supply of medical equipment according to 2 packages to the Contracting Authority’s registered office, in accordance with the description and requirements contained in Annexes No. 1A-1B to the Specification (with regard to the relevant Package No. 1-2). 2. Tenders that do not cover the full scope of the subject matter of the contract will be rejected. 3. The remaining terms and conditions of the contract are set out in the draft contract constituting Annex No. 3 to this Specification. CONDITIONS FOR PARTICIPATION IN THE PROCEDURE AND THE METHOD OF ASSESSING COMPLIANCE WITH THESE CONDITIONS 1. Contractors who meet the conditions specified in Article 57 of the Public Procurement Law and Article 112(2) of the Public Procurement Law may compete for the award of the contract, i.e.: 1) they are not subject to exclusion 2) they meet the conditions for participation in the procedure concerning: a) capacity to conduct business activities The Contracting Authority does not establish a specific condition for participation in the Procedure. b) authorisation to conduct specific business or professional activities The Contracting Authority does not establish a specific condition for participation in the Procedure. c) economic or financial standing The Contracting Authority does not establish a specific condition for participation in the Procedure. d) technical or professional capacity The Contracting Authority does not establish a specific condition for participation in the Procedure. Contractors who are not subject to exclusion from the procedure pursuant to Article 108 of the Public Procurement Law and Article 109(1), points 1 and 4, of the Public Procurement Law, who are not subject to exclusion from the procedure pursuant to Article 7(1) of the Act of 13 April 2022 on special measures to counteract support for aggression against Ukraine and to protect national security (Journal of Laws of 2022, item 835), and who are not subject to the prohibition on awarding or continuing the performance of 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 (Official Journal of the EU L 229 of 31.07.2014, p. 1, as amended) may participate in the Procedure. The assessment of whether the grounds for exclusion from the Procedure referred to in paragraph 3 are met will be made according to the “subject to exclusion – not subject to exclusion” formula, based on the declaration and documents submitted by the Contractor, as referred to in Chapter X.1. 4. In order to confirm compliance with the conditions for participation in the procedure and the absence of grounds for exclusion from the procedure, the Contracting Authority requires the submission of the Contractor’s self-declaration in the form of the European Single Procurement Document (ESPD). In the case of Contractors jointly applying for the award of the contract, each Contractor shall submit an ESPD form. The standard ESPD form is defined by Commission Implementing Regulation (EU) 2016/7 of 5 January 2016 (Official Journal of the EU L 3/16), and its template constitutes Annex No. 4 to the Specification. SELF-CLEANING PROCEDURE 1. A Contractor shall not be subject to exclusion under the circumstances specified in Article 108(1), points 1, 2 and 5, of the Public Procurement Law or Article 109(1), points 2-5 and 7-10, of the Public Procurement Law if it proves to the Contracting Authority that it has jointly fulfilled the following conditions: 1) it has repaired or undertaken to repair the damage caused by an offence, misdemeanour or its misconduct, including by means of monetary compensation; 2) it has comprehensively clarified the facts and circumstances associated with the offence, misdemeanour or its misconduct and the damage caused thereby, actively cooperating, as appropriate, with the competent authorities, including law enforcement authorities, or with the Contracting Authority; 3) it has taken specific technical, organisational and personnel measures appropriate to prevent further offences, misdemeanours or misconduct, in particular: a) severed all links with persons or entities responsible for the Contractor’s misconduct, b) reorganised its personnel, c) implemented a reporting and control system, d) established internal audit structures to monitor compliance with laws, internal regulations or standards, e) introduced internal regulations concerning liability and compensation for non-compliance with laws, internal regulations or standards. 2. The Contracting Authority shall assess whether the measures taken by the Contractor, as referred to in paragraph 1, are sufficient to demonstrate its reliability, taking into account the gravity and particular circumstances of the Contractor’s act. If the measures taken by the Contractor, as referred to in paragraph 1, are insufficient to demonstrate its reliability, the Contracting Authority shall exclude the Contractor. 3. The Contractor may be excluded by the Contracting Authority at any stage of the contract award procedure. 4. In order to make use of the “self-cleaning” mechanism, the Contractor is required to complete the relevant information in the declaration constituting Annex No. 4 to the Specification (ESPD form). SUBJECT MATTER OF THE CONTRACT 1. The subject matter of the contract is the supply of medical equipment according to 2 packages to the Contracting Authority’s registered office, in accordance with the description and requirements contained in Annexes No. 1A-1B to the Specification (with regard to the relevant Package No. 1-2). 2. Tenders that do not cover the full scope of the subject matter of the contract will be rejected. 3. The remaining terms and conditions of the contract are set out in the draft contract constituting Annex No. 3 to this Specification. The purchase is co-financed from the budget of the Małopolskie Voivodeship. NOTE: The Contracting Authority reserves the right to cancel the contract award procedure if the funds that the Contracting Authority intended to allocate to finance the contract are not granted (Article 257 of the Public Procurement Law). Procedure: open. Review the original TED notice for the complete requirement, lots, amendments and attachments.