1. The subject of the contract is the provision of full service in order to maintain the permanent disability of the computer tomograph SOMATOM DEFINITION AS for a period of 36 months in accordance with the Price Form constituting Annex 2 to the FTZ and the Description of the subject of the contract constituting Annex 3 to the FTZ and the draft provisions of the contract constituting Annex 4 to the FTZ. 2. The Contracting Authority informs that in the procedure in question, conducted under the open tender procedure, it provides for the possibility of using the procedure referred to in Article 139 sec. 1 of the Public Procurement Act, using the above procedure, the Contracting Authority will first 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. Use of a certificate instead of subjective means of proof. 1) The Contractor may, instead of the appropriate subjective means of evidence indicated in the FTZ, submit or refer to the certificate referred to in Article 124 sec. 2 of the Public Procurement Act in the field of certification of non-exclusion. 2) The certificate has effect only to the extent that it confirms the absence of grounds for exclusion required by the Ordering Party in the content of the FTZ. 3) To the extent covered by a valid certificate, the Ordering Party shall not require other subjective means of proof from the Contractor, except in the cases provided for in the Public Procurement Act and the Act on the certification of public procurement contractors. 4) The certificate does not release the Contractor from the obligation to submit declarations or documents required in the FTZ to the extent that it is not covered by the certification or cannot be confirmed by the certificate: a) statements concerning the circumstances arising in the present proceedings, with regard to the grounds for exclusion referred to in Article 108 para. 1 point 5 of the Public Procurement Act (capital group); b) statements on the topicality of the information contained in the SEDZ, i.e. Article 108 sec. 1(6) of the Public Procurement Act, Art. 1 point 5 of the Public Procurement Act, c) suspension or termination of the validity of certification; d) the need to make classified or non-public data available in the certification database (Art. 6 uoc). 5) If the Contractor indicates that he uses the certificate, the Contracting Authority will first verify the validity and scope of the certificate in the certification database of public procurement contractors. 6) If the certificate does not cover all the grounds for exclusion required in the FTZ, the Contractor shall demonstrate the other circumstances by submitting appropriate personal evidence at the request of the Contracting Authority. 7) If the Contractor indicated that he will use the certificate, but did not provide data enabling its unequivocal identification, the Contracting Authority will call on the Contractor to submit subjective means of evidence on general terms. Upon request, the Contractor may refer to the certificate by providing data unambiguously identifying the certificate. 8) The Contractor shall be responsible for clearly indicating the extent to which he uses the certificate. If it does not appear from the Contractor's statement, certificate or data disclosed in the certification database that the certificate covers a given ground for exclusion, the Contracting Authority will call for subjective means of proof in this respect. 9) If the Ordering Party has doubts as to the truth of the presumption resulting from the certificate, in particular as to whether the Contractor has not misled the certifying entity or whether the Contractor still meets the conditions for granting certification, the Ordering Party will apply the procedure set out in Article 128a of the Public Procurement Act. 10) In the event of suspension of the validity of the certificate or the expiry of the validity of the certificate, the Ordering Party shall request the Contractor to submit, within not less than 5 days from the date of the request, subjective means of proof to the extent that the certificate was to confirm the absence of grounds for exclusion. 11) If the certification has expired in whole or in part, the Contractor may not effectively use the certificate to the extent covered by the expiry and is obliged to demonstrate the absence of grounds for exclusion on the terms set out in the FTZ and the Public Procurement Act, i.e. by submitting subjective means of evidence. 12) In order to enable the Ordering Party to verify the certificate in the certification database of public procurement contractors, the Contractor shall indicate in the SEDZ (Part II Information on the Contractor) the data enabling access to this certificate. If the certificate is not indicated in the SEDZ, the Contracting Authority shall perform the subjective qualification on general principles, in particular by requesting the Contractor to submit subjective means of proof. The contractor may also effectively rely on the certificate after requesting the submission of evidence.
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