1. The subject of the contract is: purchase, supply, installation and commissioning of an intraoperative mini C-arm X-ray machine for small joints and microsurgery for the operation unit of the Prof. Adam Gruca SPSK CMKP in Otwock. A detailed description of the subject of the contract is provided in the annexes to the SWZ: No 1 A – Price form, No 3 – model contract, No 4 – Table of general requirements, No 5 – Table of required limit parameters 1) They are not excluded on the basis of: a) Article 108 para. 1 of the Public Procurement Law (PZP b) Art. 1 pt. 4Acts of the Public Procurement Law: c) Article 7 para. 1 of the Act of 13 April 2022 on special arrangements for counteracting the support of aggression against Ukraine and for the protection of national security, as amended. The Sanctions Act and Article 5k of Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, as amended by Regulation (EU) 2022/576 of 8 April 2022, as amended by Regulation (EU) No. EU Regulation (In the case of Contractors jointly applying for a contract, each Contractor must demonstrate the absence of grounds for exclusion) 2) The Contractor is not subject to exclusion under Art. 1 points 1,2, and 5 and Art. 1 point 4 of the Public Procurement Act, if it proves to the Ordering Party that it has met the following cumulative conditions a) repaired or undertook to repair the damage caused by the crime, misconduct or its improper conduct, including through monetary compensation; explain fully the facts and circumstances relating to the offence, misconduct or misconduct and the damage caused by it, actively cooperating with the competent authorities, including law enforcement authorities, or the procurer, as appropriate; has taken specific technical, organisational and personnel measures appropriate to prevent further criminal offences, misconduct or misconduct, in particular: has severed all links with persons or entities responsible for the contractor’s misconduct, has reorganised its staff, has implemented a reporting and control system, has set up internal audit structures to monitor compliance with rules, internal regulations or standards, has put in place internal rules on liability and compensation for non-compliance with rules, internal regulations or standards. 3) The Contracting Authority shall assess whether the activities referred to in sec. 2, shall be sufficient to demonstrate its reliability, having regard to the seriousness and particular circumstances of the economic operator's conduct. If the actions taken by the contractor referred to in paragraph. 2, are not sufficient to demonstrate its reliability, the contracting authority will exclude the contractor from the procedure. 4) The Contractor is obliged to provide up-to-date statements or documents confirming the circumstances referred to in Art. 1 of the Public Procurement Act, in accordance with the principles set out in Chapter VII, XII of the SWZ. 5) The exclusion referred to in point V.1.1) c) SWZ takes place for the duration of the circumstances referred to in Article 7 par. 1 of the Sanctions Act and Art. 5k of the EU Regulation 6) In the case of an economic operator excluded on the basis of Art. 1 of the Sanctions Act and/or Article 5k of the EU Regulation, the Contracting Authority shall reject the bid of such contractor pursuant to Article 226(2)(a) of the Public Procurement Act 1. The Contractor shall submit at the date of submission of tenders: a) Bid form using the model set out in Annex 1 to the SRV b) Price form using the model set out in Annex 1A to the SRV c) ‘Technical assessment table’ using the model set out in Annex 1A to the SRV – the document is intended to enable the assessment to be carried out in the ‘technical assessment’ criterion described in Chapter III. XV. (d) Table of required limit parameters using the template constituting Annex 5 to the SWZ (e) Declaration of the Contractor that the conditions for participation in the procedure are met and are not subject to exclusion (SED) - in accordance with the template constituting Annex 2 to the SWZ. (f) Declaration of the entity providing resources that is not subject to exclusion (SED) - in accordance with the template constituting Annex 2 to the SWZ. (if applicable) (g) Declaration on the demonstration of the absence of grounds for exclusion – in accordance with the template in Annex 2 C to the RVU h) Declaration on the demonstration of the absence of grounds for exclusion regarding the entity making available resources – in accordance with the template in Annex 2D to the RVU (if applicable) i) Commitment of the entity making available resources (if applicable) j) The means of proof referred to in Chapter II. VIII SWZ k) Power of attorney (if applicable) NOTE!!! The Contractor's documents and self-declarations (offer form, price form, table of required limit parameters) are an integral part of the tender and therefore cannot be supplemented. The absence of those documents renders the tender submitted null and void. The technical assessment table shall not be supplemented by the means of proof referred to in Chapter II. VIII SWZ shall not be supplemented.
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