STATEMENTS AND DOCUMENTS SUBMITTED ON REQUEST: 1.1. In accordance with Art. 1 of the Public Procurement Act, the Contracting Authority shall, before selecting the most advantageous tender, request the Contractor whose tender has been the highest rated to submit within a specified period, which shall not be less than 10 days, valid on the date of submission, the following subjective means of evidence: 1) information from the National Criminal Register in the scope of: a) Article 108 para. 1 points 1) and 2) of the PPL Act; Article 108(b) 1 point 4) of the PPL Act on the prohibition of applying for a public contract as a criminal measure - drawn up not earlier than 6 months before its submission; 2) the Contractor's statement, within the scope of Art. 1 point 5) of the PPL Act on the lack of belonging to the same capital group within the meaning of the Act of 16 February 2007 on competition and consumer protection (consolidated text: Journal of Laws Journal of Laws 2024, item 1616, as amended), with another Contractor who has submitted a separate tender, partial tender or request to participate in the procedure, or a declaration of belonging to the same capital group together with documents or information confirming the preparation of a tender, partial tender or request to participate in the procedure independently of another Contractor belonging to the same capital group. A specimen of the Contractor's declaration of belonging or not belonging to the same capital group shall constitute an annex to the call. 3) the Contractor's statement on the validity of the information contained in the statement referred to in Art. 1 of the Public Procurement Act, with regard to the grounds for exclusion from the procedure indicated by the Employer, referred to in: a) Article 108 para. 1 point 3) of the PPL Act; Article 108(b) 1 point 4) of the Public Procurement Act, concerning the ruling on the prohibition of applying for a contract as a preventive measure; Article 108(c) 1 point 5) of the Public Procurement Act, concerning the conclusion of an agreement with other Contractors aimed at distorting competition; Article 108(d) 1(6) of the PPL Act; - as regards the absence of grounds for exclusion from proceedings pursuant to Article 5k) of Regulation (EU) No 2025/2033 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L, 2025/2033, 23.10.2025); - in the absence of grounds for exclusion from the proceedings pursuant to Art. 1 of the Act of 13 April 2022 on special arrangements to counteract support for aggression against Ukraine and to protect national security. A template of the Contractor's declaration confirming the validity of the information contained in the above-mentioned declarations will constitute an annex to the request. 4) a list of persons referred by the contractor to perform the public contract, in particular those responsible for the provision of services, together with information on their professional qualifications, rights, experience and education necessary for the performance of the public contract, as well as the scope of their activities and information on the basis for having these persons at their disposal. The model list of persons will be an annex to the request referred to in paragraph. 1.1. 1.2. If the Contractor has his registered office or place of residence outside the Republic of Poland, instead of the information from the National Criminal Register referred to in Chapter IV, para. 2, pts. 2.1.1) FTZ - submits information from an appropriate register, such as a court register, or, in the absence of such a register, another equivalent document issued by the competent judicial or administrative authority of the country in which the Contractor is established or resident, to the extent referred to in Chapter IV, para. 2, pts. 2.1.1) SWZ above. The document referred to in the first sentence shall be issued not earlier than 6 months before its submission. 1.3. If, in the country in which the Contractor has his registered office or place of residence or place of residence, the person to whom the document relates does not issue the documents referred to in Chapter IV, para. 2, point 2.2. FTZ, or where these documents do not relate to all the cases referred to in Art. 1 points 1), 2) and 4) of the Public Procurement Act shall be replaced, respectively, in whole or in part, by a document containing, respectively, a declaration by the Contractor, indicating the person or persons authorised to represent him, or a declaration made under oath by the person to whom the document was to be applied, or, if in the country in which the Contractor has its registered office or place of residence there are no provisions on a declaration under oath, made before a judicial or administrative authority, a notary, a professional or economic self-regulatory body competent for the registered office or place of residence of the Contractor or the place of residence of the person to whom the document was to be applied. The provision of para. 1.2 is applied. 1.4. The Contracting Authority shall require the economic operator, which relies on the technical or professional capacity or the financial or economic situation of entities making resources available on the terms set out in Article 118 of the Public Procurement Act, to provide the subjective means of evidence referred to in para. 1.1 point 1) and point 3) above, concerning these entities, confirming that there are no grounds for exclusion from the procedure in relation to these entities. To entities making resources available on the terms set out in Article 118 of the Public Procurement Act, having their registered office or place of residence outside the territory of the Republic of Poland, the provisions of Art. 1.2. and 1.3 above shall apply mutatis mutandis.
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