1. The subject of the contract is the supply of medical devices and equipment: Activity No. 1 — Reclining transport trolleys (22 items) Activity No. 2 — Shadeless lamp (1 item) Activity No. 3 — Anaesthesia apparatus (1 item) Activity No. 4 — Fluid heating apparatus (4 item) 2. A detailed description of the subject-matter of the contract is contained in Annex 3 to the SWZ – a detailed description of the subject-matter of the contract – technical parameters (required, offered and scored parameters). 3. The contracting authority shall require that the subject-matter of the contract offered: 3.1. was unused, was not the subject of exhibitions or presentations, was not reconditioned equipment, was not previously used by another user. 3.2. has been authorised for marketing and use in the Republic of Poland in accordance with applicable law, in particular the provisions of the Act of 7 April 2022 on medical devices (Journal of Laws of 2024, item 1620) 4. All proper names of products and materials as well as standards and attestations, if any, referred to in the specification serve to determine the desired standard of performance and properties and technical requirements assumed for the subject of the contract. The contracting authority shall allow equivalent solutions to be applied in this case. PRINCIPLES OF EQUIVALENCE – The Contracting Authority informs that whenever the subject of the contract is described in detailed descriptions by indicating the trademark, patent, origin, technical or quality standards, equivalent solutions are allowed, i.e. having characteristics, technical, functional and quality parameters not worse than those described in the above-mentioned elements of the documentation. The contracting authority accepts to offer solutions ‘equivalent’ in terms of technical, functional and quality parameters, provided that they guarantee the performance of the subject-matter of the contract in accordance with the assumptions set out in this SPC. It is for the Contractor to demonstrate the equivalence of the solution or equivalent solutions offered. 5. The Contractor who invokes equivalent solutions is obliged to demonstrate that the solution offered by him meets the requirements specified by the Contracting Authority. In this case, the Contractor shall attach to the tender a list of equivalent solutions together with its description or standards. 6. Where reference is made in the description of the subject-matter of the contract to standards, technical assessments, technical specifications and technical reference systems referred to in Art. 1 point 2) and sec. 3 of the Public Procurement Act, the Contracting Authority allows solutions equivalent to those described. 7. CPV CODE: 33100000-1 – Medical devices, 33193000-9 8. The purchase is carried out as part of a special-purpose grant granted for the implementation of the investment task entitled: ‘Modernisation and retrofitting of the Hospital Emergency Department in Świdnica’ under contract No DOI/FM/SMPL/42/MDSOR/2023/839/284 10.2. Foreign Entity 1. If the contractor has its registered office or place of residence outside the Republic of Poland, instead of: 1) information from the National Criminal Register referred to in point. 10.1/1 SWZ (§ 2 sec. 1 point 1 of the Regulation on personal evidence) - submits information from an appropriate register, such as a court register, or, in the absence of such a register, another equivalent document issued by a competent judicial or administrative authority of the country in which the economic operator has its registered office or place of residence, to the extent referred to in point. 10.1/1 SWZ (§ 2 sec. 1 point 1 of the Regulation on personal evidence); 2) the certificate referred to in point. 10.1/3 SWZ (§ 2 sec. 1 point 4 of the Regulation on personal means of proof), a certificate or other document confirming that the contractor is not in arrears with the payment of social security or health insurance contributions referred to in point. 10.1/4 SWZ (§ 2 sec. 1 point 5 of the Regulation on subjective means of evidence), or a copy or information from the National Court Register or from the Central Register and Information on Economic Activity referred to in point. 10.1/5 SWZ (§ 2 sec. 1 point 6 of the Regulation on personal evidence) - submits a document or documents issued in the country in which the contractor has its registered office or place of residence, confirming, respectively, that: has not breached obligations relating to the payment of taxes, levies or social security or health contributions, has not been wound up, has not been declared bankrupt, is not being administered by a liquidator or by a court, has not entered into an arrangement with creditors, has not suspended business activities or is not in any other similar situation arising from a similar procedure provided for in the law of the place where the procedure is opened. 2. The document referred to in point. 10.2/1/1 SWZ, should be issued no earlier than 6 months before its submission. The documents referred to in 10.2/1/2 SWZ should be issued no earlier than 3 months before their submission. 3. If the documents referred to in point 10.2/1 are not issued in the country in which the economic operator is established or the person to whom the document relates is domiciled, or if these documents do not relate to all cases referred to in Article 108 para. 1 points 1, 2 and 4, Art. Points 1, 2 (a) and (b) and point 3 of the Act shall be replaced, respectively, in whole or in part, by a document containing, respectively, a declaration by the economic operator, indicating the person or persons authorised to represent it, or a declaration made under oath by the person to whom the document was to relate, or, if in the country in which the economic operator has its registered office or place of residence or the person to whom the document was to relate, there are no provisions on a declaration under oath made before a judicial or administrative authority, a notary, a professional or economic self-government body competent for the registered office or place of residence of the economic operator or the place of residence of the person to whom the document was to relate. Point 10.2/2 shall apply.
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