The subject of the order are successive deliveries of orthopedic implants and medical materials for the needs of SPZOZ in Myszków. The order is divided into 9 packages. The contracts relating to the individual packages will be concluded at the end of the present proceedings for a period of 24 months (packages Nos 1,2,3,4,5,8,9) and 12 months (packages Nos 6 and 7). The detailed description of the subject of the contract and the terms of delivery shall specify: price form – Annex 1.1 to the CVT, and draft provisions of the contract – Annex 2 to the CVT. The offer consists of the Offer Form - Attachment No. 1 to the SWZ and the Price Form - completed in the scope of the package(s) for which the offer is submitted - Attachment No. 1.1 to the SWZ. The offer must be accompanied by: 1. The declaration on the European Single Procurement Document (ESPD) form in pdf format drawn up in accordance with the model standard form set out in Commission Implementing Regulation (EU) 2016/17 of 5 January 2016 constitutes evidence confirming the absence of grounds for exclusion, compliance with the conditions for participation in the procedure, as at the date of submission of tenders, respectively, temporarily replacing the subjective means of proof required by the Contracting Authority. 2. Declaration on the absence of grounds for exclusion under Article 5k of the Regulation Council Regulation (EU) No 833/2014 of 31 July 2014 and Article 7(1) of the Act on special arrangements for countering the promotion of aggression against Ukraine and for the protection of national security. In the case of submission of tenders by Contractors acting jointly, the declarations referred to in points 1 and 2 must be submitted separately by each of the Contractors. In order to confirm the authority of the person/persons performing activities on behalf of the Contractor, it is required to submit a copy from the National Court Register or CEIDG, and if the authority does not result from registration documents - also a power of attorney. 3. In order to confirm that the offered deliveries meet the requirements specified by the Ordering Party, the Ordering Party requires the following means of proof to be submitted with the offer: 1) the Contractor's declaration that the entire range offered (also applies to the instruments lent) has the CE marking and current documents allowing for marketing and use in the Republic of Poland, in accordance with the requirements set out in the Act of 7 April 2022 on medical devices – this declaration is included in the tender form, constituting Annex 1 to the CVT, 2) company catalogues or other documents (leaflets, operating instructions, commercial labels, etc.) confirming the required parameters of the offered subject of the contract. Note: Each document referred to in point 2 shall clearly indicate, e.g. by hand, which package and which item (in the case of packages which contain more than one item) it relates to in the pricing form. If a document covers more than one assortment (e.g. for a given product different versions, sizes, etc.), the indication – in which package and item the described assortment was offered – must clearly indicate one version, size, etc. The Ordering Party shall provide for verification of the fulfilment by the offered deliveries of the requirements specified by the Ordering Party, i.e. the requirements set out in the price form, on the basis – in total – of the content of the price form, including: the information provided by the Contractor in the individual columns of this form (manufacturer, catalogue number), the declaration contained in the tender form and the documents referred to in point 2 above. Having regard to Article 107(1) of the Treaty on the Functioning of the European Union, 2 of the Act, the Contracting Authority informs that the means of proof in question are to be supplemented if they are not submitted with the offer or are incomplete. 4. Before selecting the most advantageous tender, the Contracting Authority shall call on the contractor whose tender has been awarded the highest score to submit, within the prescribed time limit, which shall not be less than 10 days, valid on the date of submission, the following personal means of proof: concerning the absence of grounds for exclusion: 1) information from the National Criminal Register in the scope of: a) Article 108 para. 1 points 1 and 2 of the Act of 11 September 2019 – Public Procurement Law, b) Article 108 para. 1 point 4 of the Act concerning the ban on applying for a public contract as a criminal measure, - drawn up not earlier than 6 months before its submission; 2) declaration of the Contractor, within the scope of Art. 1 point 5 of the PPL, on not belonging to the same capital group within the meaning of the Act of 16 February 2007 on competition and consumer protection), with another contractor who submitted a separate offer, a partial offer in the procedure, or a declaration of belonging to the same capital group together with documents or information confirming the preparation of the offer, a partial offer in the procedure independently of another contractor belonging to the same capital group – model Annex 5 to the SWZ. ATTENTION! If a single tender is submitted in this procedure for a given package, the contracting authority will refrain from requesting the contractor to submit a declaration to the contractor, within the scope of Art. 1 point 5 of the Public Procurement Act. 3) the Contractor's statement on the up-to-dateness of the information: - included in the declaration referred to in Article 125 para. 1 of the Public Procurement Act, with regard to the grounds for exclusion from the procedure indicated by the contracting authority, referred to in: a) Article 108 para. 1 point 3 of the Public Procurement Act, b) Art. 1 point 4 of the Public Procurement Act, concerning the ruling on the ban on applying for a public contract as a preventive measure, c) Art. 1 point 5 of the PPL, concerning the conclusion of an agreement with other contractors aimed at distorting competition, d) Art. 1 point 6 of the Public Procurement Act - contained in the statement on the so-called sanctioning conditions - template of Appendix No. 6 to the SWZ.
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