The subject of the contract is the supply of various medicinal products, including cytostatics and medicinal products from drug programmes (CPV: 33.69.00.00-3, 33.65.21.00-6) for the needs of Copernicus Entity Medicinal Sp. z o.o. in Gdańsk, whose detailed description, assortment and estimated quantities are contained in the Assortment and Price Form - Annex No 1 to the SWZ (parts No 1-14). The offered subject of the contract must be allowed to be marketed and used in accordance with applicable law. The subject of the contract must comply with the Medical Devices Act of 7 April 2022 (Journal of Laws 2022, item 974 as amended) and/or the Pharmaceutical Law of 6 September 2001 (Journal of Laws 2022, item 2301 as amended) – if applicable. In the case of the assortment defined by trade names, the Ordering Party allows the submission of offers for an equivalent assortment in all respects, i.e. composition, weight, scope, spectrum and duration of operation, form, functions, etc., provided that they guarantee the performance of the subject of the contract in accordance with the assumptions set out in this FTZ. In the case of an equivalent assortment, the Contractor must specify its trade name, catalogue number and manufacturer’s name. It shall be for the Contractor to demonstrate the equivalence of the solution offered or equivalent solutions. In all provisions of the FTZ and its annexes, in which the Contracting Authority refers to standards, approvals, technical specifications or reference systems or indicates trademarks, parameters or sources of origin (names of manufacturers or equipment), in accordance with Art. 5 and Article 101 para. 4 of the PPL Act, the Employer allows equivalent solutions. The manner of performance of the subject-matter of the contract is specified in the draft contract contained in Annex No 5 to the FTZ. The Contracting Authority does not reserve the possibility of applying for the contract only by the Contractors referred to in Article 94 of the Public Procurement Act. The Contracting Authority does not impose the requirements referred to in Article 96 of the Public Procurement Act. In order to submit an offer, the Ordering Party does not provide for the Contractor to carry out an on-site inspection or check the documents necessary for the performance of the contract available on site from the Ordering Party. The contracting authority shall not request that the evidence in question be submitted together with the tender. Contractors may apply for the award of a contract if they: 1) They are not excluded, 2) They meet the conditions for participation in the proceedings, regarding: a. ability to trade – the Contracting Authority does not lay down a specific condition in this respect; b. authorisations to carry out a specific economic or professional activity, if this results from separate provisions – the Contracting Authority will consider the condition to be met if the economic operator submits a current authorisation to carry out the activity covered by the subject-matter of the contract, i.e. a licence to operate a pharmaceutical wholesaler or a manufacturing authorisation if the economic operator is a manufacturer or, as the case may be, in the case of a consignment warehouse operator, a warehouse authorisation containing authorisations to trade in medicinal products – if applicable, c. economic or financial situation – the Contracting Authority does not set a specific condition in this respect, d. technical or professional capacity – the Contracting Authority does not set a specific condition in this respect. Contractors who are not excluded from the procedure due to one of the following circumstances may apply for the award of the contract: a) in Article 108 para. 1 of the Public Procurement Act, which occurred within the relevant period specified in Article 111 of the Public Procurement Act, b) in Article 7 para. 1 of the Act of 13 April 2022 on special arrangements for counteracting support for aggression against Ukraine and protecting national security, c) Art. 1 Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (hereinafter: Regulation of the Council of the EU). The Contracting Authority does not provide for the exclusion of optional grounds for exclusion of the Contractor (Art. 1 of the PPL Act). The contracting authority may exclude the Contractor at any stage of the procurement procedure (Art. 1 of the PPL Act). In particular, in order to implement the prohibition referred to in Art. 1 Regulation of the Council of the EU, the Contracting Authority, before concluding a contract for a public contract, may request the Contractor to confirm the validity of the declaration made in this respect. The Contractor shall not be excluded in the circumstances set out in Art. 1 point 1, 2, 5 of the Public Procurement Act, if it proves to the Ordering Party that it has met the conditions specified in Art. 2 of the PPL Act. In the case of a contract with a value equal to or exceeding the PLN equivalent of EUR 20 000 000 for works and EUR 10 000 000 for supplies or services, an economic operator which prevents or hinders the identification of the criminal origin of the money or conceals its origin, due to the impossibility of determining the beneficial owner within the meaning of Article 2(1)(b) and (c) shall be excluded from the procurement procedure for contracts with a value equal to or exceeding the PLN equivalent of EUR 20 000 000 for works and EUR 10 000 000 for supplies or services. Article 2(1) of the Anti-Money Laundering and Countering the Financing of Terrorism Act of 1 March 2018 (Journal of Laws No. Journal of Laws 2019, item 1115, 1520, 1655 and 1798) - Art. 2 of the PPL Act. The Contracting Authority informs that it will examine and evaluate the tenders, and then make a qualitative selection of the Contractor whose tender was the highest rated, in terms of the lack of grounds for exclusion and compliance with the conditions for participation in the procedure. Therefore, the Contractors shall not submit the SEDZ declaration referred to in Article 125 sec. 1 of the PPL Act. Before selecting the most advantageous tender, the Ordering Party shall invite the Contractor whose tender was the highest rated to submit within the prescribed period, which shall not be less than 10 days, valid on the date of submission of the subjective evidence referred to in § X SWZ. The contracting authority does not require security for the proper performance of the contract.
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