Supply of medical equipment for air medical evacuation for a total of 6 intensive care stations and/or 16 non-intensive care bed stations in 5 different configurations, including the preparation of certification documentation and obtaining a Supplementary Type Certificate (STC) for the modification of the ERJ190-200 aircraft model (...)

Krótki opis

1. The Object of Contract is the delivery by Contractor, together with the transfer of ownership to the Contracting Authority, of medical equipment and additional equipment (hereinafter collectively referred to as: Medical Equipment) used for air medical evacuation by aircraft model ERJ190-200 with serial numbers: 19000415, 19000444, 19000462 and 19000516 (hereinafter collectively referred to as: Aircraft), together with the preparation of complete certification documentation and the subsequent obtaining of the approved Supplemental Type Certificate (STC) for modifications to the Aircraft resulting from the adaptation of the Aircraft for medical evacuation for a total of: 6 intensive care stations and 16 non-intensive care bed stations, occurring in a total of 5 different configurations.
2. A detailed description of the Object of Contract, including, in particular,
a. the scope of the required certification documentation and a description of the individual configurations of intensive care stations and/or non-intensive care bed stations used for air medical evacuation by Aircraft;
b. a list of Medical Equipment comprising, respectively, intensive care stations and non-intensive care bed stations, together with the technical and clinical parameters of Medical Equipment;
constitutes Appendix 1 to the ToR – “Description of the Object of Contract”.
3. The terms and conditions for the performance of the contract are set out in Appendix 2 to the ToR – “Draft contractual provisions”.
4. The Object of Contract is co-financed by the European Union, granted to the Contracting Authority in the grant project entitled “Development and maintenance of rescEU transport and logistics capacities in Poland”, project number: 101105145 (hereinafter: Grant Project), implemented under the EU Civil Protection Mechanism (hereinafter: UMOL).

Informacje dodatkowe

[relevant evidence]
1. The Contracting Authority requires the following evidence to be submitted with the bid: catalogue cards and/or other documents confirming that:
a. multifunctional intensive care stretchers with a stretcher base with storage space and a removable bridge attached to the stretcher for attaching medical devices meet the following technical parameters specified by the Contracting Authority in Appendix 1 to the ToR – “Description of the Object of Contract”:
 stretchers on a durable, lightweight frame made of aluminium and/or carbon composite and/or titanium alloy, designed to transport one patient under intensive supervision;
 stretchers with a mattress with an easily washable cover (easy to clean and disinfect, resistant to physiological fluids). The mattress should meet the requirements of EASA CS-25 Subpart D (CS 25.853) Part I Appendix F;
 a back support with a lift and lock function in the range of angles from flat to 60o (+/-5o), with at least one intermediate point, during take-off, flight and landing;
 a patient restraint system with adjustable length on both sides of the fastenings, including at least 1 harness (4 or 5-point) and at least 2 two-point belts. The belts must have sewn-in labels with serviceability data, secured against removal/fading of the information contained therein;
 stretchers that can be attached to and detached from the station in an ergonomic manner, without the use of additional tools;
 an attachable bridge for mounting at least 1 cardiac monitor/defibrillator, 1 ventilator and 2 infusion pumps, certified at least for loading, unloading and continued transport by ground ambulance;
 a mounting for a transport ventilator;
 a mounting for a defibrillator/cardiac monitor;
 a mounting for no less than 2 syringe infusion pumps;
 a mounting for an electric suction device;
 an electrical system with 230 VAC CEE7/7 sockets (or universal sockets containing the 7/7 standard or Europlug type), no fewer than 2 sockets; sockets must have a label indicating the voltage and maximum current and a LED indicating the availability of power;
 an electrical system with USB type C sockets, providing a voltage of 5 to 20 volts and a power of no less than 60 watts, no less than 2 sockets; sockets must have a label indicating the voltage and maximum current;
 an electrical system with 12 VDC cigarette lighter sockets, no less than 3 sockets; sockets must be labelled with voltage and maximum current information;
 an oxygen system with mountings for 2 cylinders with a water capacity of 5 litres with an integrated reducer;
 no fewer than 2 AGA-type oxygen sockets located in the vicinity of the respirator mount; the location of the sockets must not interfere with the mounted respirator and oxygen dispenser. The Contracting Authority allows for the non-installation of AGA sockets, provided that the method and location of oxygen cylinders in the PTU allows for the connection of the respirator directly from the AGA cylinder socket using the supplied oxygen hoses, in a manner that does not hinder medical activities and does not interfere with other devices installed in the PTU;
 a passive oxygen therapy dispenser, plugged directly into the AGA socket with an oxygen dosage range of not less than 0 to 15 l/min. The Contracting Authority allows for the dispenser not to be supplied if the method and location of the oxygen cylinders allow for passive oxygen therapy for the patient to be connected directly from the cylinder flow meter in a manner that does not hinder medical activities and does not interfere with other devices installed on the PTU;
 a mounting for an oxygen concentrator. The contracting authority allows the oxygen concentrator to be mounted interchangeably with a 5l oxygen cylinder;
 storage space in the form of drawers and/or shelves secured against falling objects, including at least one heated drawer allowing for heating and maintaining the temperature of infusion fluids between 37 and 41 degrees Celsius;
 a hanger for no less than two (2) drip infusions;
 the station must be capable of being mounted on board an Embraer 190 aircraft in “quick-change” mode;
 mounts for medical devices, including a defibrillator/cardiac monitor, ventilator, pumps and electric suction device. The mounts must comply with EASA Part 21 requirements. The mounts for the cardiac monitor/defibrillator, ventilator and infusion pumps must be capable of being attached to the patient station and to the attachable stretcher bridge;
 AGA-DIN and DIN-AGA oxygen system adapters, 1 piece per station (6 AGA-DIN and 6 DIN-AGA);
 manufacturer-authorised warranty service for multifunctional stretchers;
b. multifunctional stretchers suitable for non-intensive care bed stations meet the following technical parameters specified by the Contracting Authority in Appendix 1 to the ToR – “Description of the Object of Contract”:
 stretchers on a durable, lightweight frame made of aluminium and/or carbon composite and/or titanium alloy, designed to transport one patient;
 stretchers with a mattress with an easily washable cover (easy to clean and disinfect, resistant to physiological fluids). The mattress should meet the requirements of EASA CS-25 Subpart D (CS 25.853) Part I Appendix F;
 back support with a lift and lock function in the range of angles from flat to 60o (+/-5o), with at least one intermediate point;
 a patient restraint system with length adjustment on both sides of the fastenings, including at least 1 harness (4 or 5-point) and at least 2 two-point belts. The belts must have sewn-in labels with suitability data, secured against removal/fading of the information contained therein;
 a stretcher that can be attached to and detached from the station in an ergonomic manner, without the use of additional tools;
 a mounting for a defibrillator/cardiac monitor;
 a hanger for no less than two (2) IV drips;
 a holder for attaching a 5-litre oxygen cylinder;
 the station must be mountable on board an Embraer 190 aircraft in “quick-change” mode;
 warranty service authorised by the manufacturer.
ATTENTION!
For the avoidance of doubt, the Contracting Authority declares that:
 as a rule, it does not allow the submission, as evidence, of a document listing the technical parameters of the bided delivery item, prepared by Contractor, regardless of its name (“technical specification”, “catalogue card”, etc.). The document referred to in the previous sentence shall be treated as Contractor’s own statement. Subject to the second indent below, Contractor’s own statement shall be classified as admissible evidence only if Contractor is also the manufacturer of the bided delivery item;
 it does not allow the submission, as evidence, of a document that repeats the description of the Object of Contract constituting Appendix 1 to the ToR, in particular by repeating the “range” parameters, in the absence of actual identification of the bided subject of delivery. The reservation referred to in the previous sentence applies to both documents prepared by Contractor and by the manufacturer of the bided delivery items.
2. The Contracting Authority allows for the submission or supplementation of the evidence in question, in accordance with Article 107(2) of the Public Procurement Law.

Główne miejsce lub miejsce wykonywania działalności

Place of performance of the contract:
a. service of developing comprehensive certification documentation, followed by obtaining the approved STC for modifications to the Aircraft resulting from its adaptation for medical evacuation for a total of 6 intensive care stations and 16 non-intensive care bed stations, in a total of 5 different configurations: The Contracting Authority does not specify the place of performance of the service due to the specific nature of its provision (the service may be provided at Contractor’s premises or at another location chosen by Contractor).
b. delivery of Medical Equipment: The Contracting Authority shall indicate the exact place of delivery of Medical Equipment after the public contract has been awarded, but no later than 7 days before the planned delivery of the subject of the planned contract, with the proviso that the place of delivery shall be located in the Republic of Poland – this applies to all deliveries.

Opis opcji

1. The Contracting Authority provides for the possibility of exercising the option right consisting in extending the quality guarantee granted for the Medical Equipment by:
a. the manufacturer of the Medical Equipment for a period not exceeding 31 December 2029
and/or
b. Contractor for a period not exceeding 31 December 2029.
2. Warranty services will be provided:
a. under the terms and conditions specified in Appendix 2 to the ToR – “Draft contractual provisions” for warranty service applicable to the basic order (rules for removing defects, performing warranty service, inspections, maintenance, replacement of parts, etc.);
b. for the remuneration specified in Contractor’s bid, whereby the remuneration for each period of warranty service covered by the option right shall be settled in monthly settlement periods, in arrears, by the 10th day of the month following the month in which – respectively – the manufacturer and/or Contractor will provide warranty services, on the basis of a correctly issued VAT invoice, whereby Contractor is obliged to provide the Contracting Authority with a VAT invoice covering the given settlement period no later than on the last day of the month of that period. If the Contracting Authority exercises its option right with regard to the manufacturer’s warranty and Contractor’s warranty, the remuneration for the performance of both services may be covered by a single VAT invoice (with detailed items for each service).
3. For the avoidance of doubt, the Contracting Authority declares that the Contracting Authority shall not be in any contractual relationship with the manufacturer of the Medical Equipment – ensuring the provision of warranty services to the Contracting Authority by the manufacturer of the Medical Equipment during the period covered by the option right is the sole obligation of Contractor. In particular, Contractor shall:
a. be liable for the failure to provide warranty services by the manufacturer and for the improper provision of such services throughout the period covered by the option right;
b. receive remuneration for ensuring the provision of warranty services by the manufacturer.
4. The Contracting Authority shall be entitled to exercise the option right if it finds that the extension of the quality guarantee – respectively – of Contractor and/or the manufacturer is necessary or justified by the needs of the Contracting Authority, in particular in the event of the Contracting Authority continuing the grant project after 31 August 2026 or other circumstances justifying the extension of the quality guarantee period.
5. The Contracting Authority may exercise the option right throughout the entire period of performance of the subject of the Agreement.
6. The option right shall be exercised by submitting a statement to Contractor on the exercise of the option right, drawn up in writing or in electronic form; otherwise, it shall be null and void. The statement referred to in the previous sentence:
a. may include:
 an extension of the manufacturer’s warranty period and an extension of Contractor’s warranty period;
and/or
 extension of the manufacturer’s warranty period only
and/or
 extension of Contractor’s warranty period only;
and, in addition, in each of the cases referred to in indents 1 to 3 above:
b. may include an extension of the manufacturer’s or Contractor’s warranty, respectively, for a period shorter than the maximum period covered by the option right, until the maximum period covered by the option right for a given warranty is exhausted.

Główne aspekty procedury

[designation of the procedure]
1. The procedure is conducted on the basis of the provisions of the Act of 11 September 2019 – Public Procurement Law (hereinafter: PPL), in the form of an open bid.
[language of the procedure]
2. The procedure shall be conducted in Polish
3. Notwithstanding the provisions of paragraph 2 above, the Contracting Authority:
a. acting pursuant to Article 20(3) of the Public Procurement Law, allows for the possibility of submitting a bid in English;
b. acting pursuant to § 5 sentence 2 of the Regulation of the Prime Minister of 30 December 2020 on the manner of preparing and transmitting information and technical requirements for electronic documents and means of electronic communication in public procurement procedures or competitions, allows for the preparation of subjective evidence and other documents or statements in English;
c. acting pursuant to Article 20(4) of the Public Procurement Law, will prepare the contract documents and submit for publication in the Official Journal of the European Union a contract notice and, where applicable, other notices relevant to the procedure, also in English.
4. The admission of bids, subjective evidence and other statements in English and the preparation of contract documents and notices in the procedure in English is justified by the specific nature of the Object of Contract, which determines the group of Contractors, taking into account the choice of English as a language commonly used in international trade, including in the aviation industry.
5. Contractor shall submit subjective evidence and other documents or statements drawn up in a foreign language together with a translation into Polish.

Warunki otwarcia ofert (Informacje o osobach upoważnionych i procedurze otwarcia)

1. The opening of bids shall be closed to the public.
2. The Contracting Authority shall, at the latest before the opening of bids, publish on the website of the proceedings information about the amount it intends to allocate to finance the contract.
3. Immediately after the opening of bids, the Contracting Authority shall publish on the website of the procedure information on:
a. the names OR first and last names and registered offices or places of business or places of residence of Contractors whose bids have been opened,
b. the prices contained in the bids.

Informacje dodatkowe

1. The opening of bids shall be closed to the public.
2. The Contracting Authority shall, at the latest before the opening of bids, publish on the website of the proceedings information about the amount it intends to allocate to finance the contract.
3. Immediately after the opening of bids, the Contracting Authority shall publish on the website of the procedure information on:
a. the names OR first and last names and registered offices or places of business or places of residence of Contractors whose bids have been opened,
b. the prices contained in the bids.

Wymagane depozyty i gwarancje

1. In order to cover any claims for non-performance or improper performance of the contract and subsequent claims under the quality guarantee and warranty for legal and physical defects, the Contracting Authority requires Contractor whose bid has been selected as the most advantageous to provide a performance bond before signing the contract.
2. The performance bond shall amount to 5% of Contractor’s total gross remuneration for the due performance of the contract (the sum of the gross remuneration for the preparation of complete certification documentation, including the subsequent obtaining of the STC and the Aircraft operating licence, and the gross remuneration for the delivery of Medical Equipment).
3. The performance bond may be provided, at Contractor’s discretion, in one or more of the following forms:
a. cash;
b. bank guarantees or credit union guarantees, provided that the credit union’s obligation is always a monetary obligation;
c. bank guarantees;
d. insurance guarantees;
e. sureties granted by entities referred to in Article 6b(5)(2) of the Act of 9 November 2000 on the establishment of the Polish Agency for Enterprise Development.
4. The Contracting Authority shall return the performance bond to Contractor within 30 days of the completion of the Object of Contract.
5. The security deposit in cash shall be paid by Contractor before the conclusion of the contract to the Contracting Authority’s bank account, account number: 96 1130 1017 0000 3159 1590 0002, duly indicating in the transfer title the proceedings and the purpose for which the money is being paid.
6. If the deposit is paid in cash, Contractor may agree to credit the deposit amount towards the security deposit. The date of receipt of Contractor’s request to transfer the deposit amount towards the security deposit shall be treated as the date of payment of the security deposit (in the relevant part of the security deposit).
7. If the security has been provided in cash, the Contracting Authority shall keep it in an interest-bearing bank account. The Contracting Authority shall return the security deposit paid in cash with interest resulting from the bank account agreement on which it was kept, less the cost of maintaining that account and the bank commission for transferring the money to the bank account indicated by Contractor.
8. If the security has been provided in the form of a guarantee or surety, the guarantee/surety shall be drawn up in accordance with applicable law and shall include:
a. a statement by the surety or guarantor, acting as the principal debtor of the Contracting Authority on behalf of Contractor, on the payment of the secured or guaranteed amount, constituting irrevocable and unconditional security for performance, at the first request of the Contracting Authority;
b. a provision that no amendment to the contract which may be made on the basis of this contract or mandatory provisions of law shall release the guarantor or surety from liability under the guarantee, and with the proviso that the guarantor or surety waives the obligation to notify such amendment.
In addition, the surety or guarantee shall not:
c. provide for the applicability of any law other than the law of the Republic of Poland;
d. be subject disputes concerning them to the jurisdiction of courts other than the common courts of the Republic of Poland;
e. provide for the requirement to certify the signatures of persons authorised to act on behalf of the Contracting Authority (beneficiary) or persons authorised to act on behalf of the Contracting Authority (beneficiary) on documents of correspondence with the guarantor (surety), including on a request for payment, in particular by a notary public or a competent bank.
9. The performance bond, in all forms provided for in paragraph 9 above, shall secure claims arising from non-performance or improper performance of the contract in the same manner, which means that security provided in a form other than cash may not secure the Contracting Authority’s claims in a manner less favourable than if security had been provided in cash. The Contracting Authority does not allow the payment of amounts from the guarantee/surety to be made conditional upon the submission of any additional documents, certification of signatures by third parties, or the fulfilment of any conditions other than the Contracting Authority’s statement that the amount claimed is due for non-performance or improper performance of the contract.
10. Immediately after receiving the relevant document (guarantee, surety), the Contracting Authority shall have the right to raise objections to it or confirm acceptance of the document without reservations. Contractor shall submit the relevant guarantee or surety document to the Contracting Authority within a time limit enabling the Contracting Authority to exercise this right.
11. In the event of objections, Contractor shall meet the Contracting Authority’s requirements within the specified time limit.
12. The costs associated with issuing the performance bond shall be borne by Contractor.
13. In the case of bids submitted jointly by two or more Contractors, the performance bond may be provided by all Contractors jointly, by some of them or by one Contractor, provided that the content of the document indicates that the guarantor’s/surety’s obligation applies to all Contractors who have submitted a joint bid.
14. In the event of a postponement of the deadline for the performance of the contract, the performance bond shall also be extended accordingly.

Informacje dodatkowe

[electronic means of communication, technical and organisational requirements for drafting, sending and receiving electronic correspondence]
1. Communication between the Contracting Authority and Contractors shall take place using electronic means of communication: the Contracting Authority’s purchasing platform available at: https://rars.ezamawiajacy.pl (hereinafter referred to as the purchasing platform), using the “Correspondence” tab.
2. In the event of a failure of the purchasing platform, communication by e-mail is permitted:
a. Contracting Authority: dw@rars.gov.pl
b. Contractor: e-mail message allowing for the identification of Contractor (indication of the e-mail address, indication of Contractor in the content of the e-mail message).
3. The Contracting Authority specifies the minimum hardware and application requirements for using the purchasing platform:
a. permanent access to the Internet with a guaranteed bandwidth of not less than 512 kb/s;
b. a PC or MAC computer with the following configuration: at least 2 GB of RAM, Intel IV 2 GHz processor, one of the following operating systems: MS Windows 7, Mac OS X 10.4, Linux, or their newer versions;
c. any installed web browser supporting TLS 1.2 (preferably the latest version, in the case of Internet Explorer, at least version 10.0;
d. Acrobat Reader or another programme supporting “.pdf” files must be installed.
4. The Contracting Authority specifies the minimum hardware and application requirements for communication via e-mail:
a. Contractor must have an ICT device with Internet access;
b. Contractor must have access to a modern web browser supporting HTML5, CSS3 and JavaScript;
c. Contractor must have an e-mail account.
5. Communication in the procedure using the purchasing platform (including the possibility of submitting a bid), subject to the possibility of asking questions about the content of the ToR (see Chapter 5 – “Explanations of the content of the ToR” section 1 of the ToR below), requires Contractor to join the procedure.
6. Procedure for Contractor to join the proceedings:
a. Contractor selects the option “JOIN THE PROCEDURE”;
b. after selecting the “JOIN THE PROCEDURE” option, Contractor is redirected to the website https://oneplace.marketplanet.pl, where they are given the option to:
 log in to the purchasing platform (if Contractor has an account on the purchasing platform)
or
 create a free account on the purchasing platform,
c. Contractor:
 logs in to the purchasing platform
or
 creates an account by completing the registration process, i.e.,
 providing an e-mail address;
 setting a password;
 repeating the password;
 entering the code from the image;
 accepting the Terms and Conditions of Use of the Contracting Authority’s purchasing platform, information on the processing of personal data, and consent to telephone contact for the purpose of verifying data and activating the account;
 selecting the “register” command;
 confirming registration by clicking on the active link sent to the email address provided in the registration form or by entering the authorisation code,
 logging into the Contracting Authority’s purchasing platform and completes the required Contractor data.
Please note! Logging into the Contracting Authority’s purchasing platform and completing the required Contractor data is necessary to complete the registration process.
Contractor’s application for account registration is processed by the operator of the Contracting Authority’s purchasing platform on working days, between 8 a.m. and 5 p.m.
Contractor’s account registration process takes up to 2 working days. The Contracting Authority recommends that Contractors take into account the time necessary for registration in order to be able to participate in the proceedings.
If Contractor has a qualified electronic signature, Contractor may confirm the required Contractor data, which will result in automatic acceptance of Contractor’s account registration application.
7. The date of delivery of correspondence is:
a. in the case of a purchasing platform – the date of receipt of the correspondence by the purchasing platform, subject to the legibility of the correspondence – the purchasing platform generates the time of receipt of the correspondence (date, time: hh:mm:ss) according to the local time of the server synchronised with the relevant time source;
b. in the case of e-mail – the date of its entry into the electronic communication medium in such a way that the Contracting Authority/Contractor can familiarise themselves with its content.
8. The maximum size of files sent at one time via:
a. the purchasing platform may not exceed 100 MB;
b. e-mail may not exceed 20 MB.
9. The Contracting Authority informs that in case of doubts related to the rules of using the purchasing platform, Contractor should contact the operator of the purchasing platform, contact details: tel.: (22) 257 22 23 (hotline available on working days, from 9.00 a.m. to 5.00 p.m.), e-mail: oneplace@marketplanet.pl
10. The bid, the statement referred to in Article 125(1) of the Public Procurement Law, subjective evidence, including the statement referred to in Article 117(4) of the Public Procurement Law, the commitment of the entity providing the resources referred to in Article 118( 3 of the Public Procurement Law, and the power of attorney shall be drawn up in electronic form, in the data formats specified in the regulations issued on the basis of Article 18 of the Act of 17 February 2005 on the computerisation of the activities of public entities, i.e. in the data formats specified in Annex 2 to the Regulation of the Council of Ministers of 12 April 2012 on the national interoperability framework, minimum requirements for public registers and exchange of information in electronic form, and minimum requirements for IT systems (hereinafter: data formats corresponding to KRI).
11. It is permissible to submit digital copies of subjective evidence, including the statement referred to in Article 117(4) of the Public Procurement Law, the commitment of the entity providing access to resources referred to in Article 118(3) 3 of the Public Procurement Law, and powers of attorney, if issued in paper form, subject to the requirement to certify the digital reproduction as consistent with the document drawn up in paper form.
12. Information, statements or documents other than those specified in paragraph 10 above shall be drawn up in electronic form in data formats corresponding to KRI or as text entered directly into a message sent by electronic means of communication – the purchasing platform or e-mail of the Contracting Authority referred to in paragraph 2 above (only in the event of a failure of the purchasing platform).
13. The only way to express information in the correspondence referred to in paragraphs 10-12 above is to use words, numbers or other written characters that can be read and reproduced and whose layout leaves no doubt as to the content and context of the information recorded.
14. Detailed rules regarding the transmission of electronic documents by Contractors and the preparation and transmission of digital copies of documents issued in paper form are regulated by the Regulation of the Prime Minister of 30 December 2020 on the manner of preparing and transmitting information and technical requirements for electronic documents and means of electronic communication in public procurement or design contest(hereinafter: Regulation on electronic documents).
[conditions for participation in the procedure]
1. Contractors who meet the conditions for participation in the procedure may apply for the contract, namely:
a. authorisation to conduct specific economic or professional activity, if this is required by separate regulations:
The Contracting Authority requires that Contractor hold an approval appropriate for organisations designing products, parts and accessories or responsible for modifications and repairs of products, parts and accessories, confirming that Contractor meets the requirements of Part 21 Subpart J of Annex 1 to Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the certification of aircraft and related products, parts and appliances, as regards airworthiness and environmental protection, and for the certification of design and production organisations (Contractor having the status of a certified design organisation);
b. technical or professional capacity in terms of knowledge and experience:
The Contracting Authority requires that Contractor, during the last three years prior to the deadline for submission of bids, or during the entire period of its activity if it is shorter, has duly performed at least one service of developing comprehensive certification documentation, followed by obtaining a Supplemental Type Certificate (STC) issued by the European Aviation Safety Agency (EASA) for the modification of an aircraft intended for medical operations (MEDEVAC) consisting in adapting the Aircraft’s interior for medical evacuation using at least one intensive care station (modification of the Aircraft interior involving at least the installation of multifunctional intensive care stretchers with the possibility of their subsequent removal and restoration of the Aircraft to its original configuration).

Dokładne informacje na temat terminu (terminów) procedur odwoławczych

1. Contractors, as well as other entities, if they have or had an interest in obtaining the contract and have suffered or may suffer damage as a result of a breach of the provisions of the Public Procurement Law by the Contracting Authority, are entitled to the legal remedies specified in Section IX of the Public Procurement Law, i.e. appeal and complaint to a common court.
2. The appeal procedure is regulated by the provisions of Articles 506-578 of the Public Procurement Law.
3. The complaint procedure is regulated by the provisions of Articles 579-590 of the Public Procurement Law.
4. An appeal may be lodged against:
a. an action of the Contracting Authority taken in the proceedings that is inconsistent with the provisions of the Public Procurement Law, including the draft contract decision;
b. failure to take action in the proceedings which the Contracting Authority was obliged to take under the Public Procurement Law;
c. failure to conduct a procurement procedure, even though the Contracting Authority was obliged to do so.
5. An appeal shall be lodged with the President of the National Appeal Chamber. The appellant shall submit the appeal to the Contracting Authority in electronic form or in hard copy, or a copy thereof if it was submitted in writing, before the deadline for lodging an appeal, in such a way that the Contracting Authority can familiarise itself with its content before the deadline. It shall be presumed that the Contracting Authority was able to familiarise itself with the content of the appeal before the deadline for lodging it if the appeal or a copy thereof was submitted before the deadline for lodging it by electronic means of communication.
6. The appeal shall be lodged within:
a. 10 days from the date of notification of the Contracting Authority’s action constituting the basis for its submission, if the information was provided by electronic means of communication;
b. 15 days from the date of notification of the Contracting Authority’s action constituting the basis for its submission, if the information was provided by means other than those specified in point (a) above.
7. An appeal against the content of the notice initiating the procurement procedure or against the content of the procurement documents shall be lodged within 10 days of the date of publication of the notice in the Official Journal of the European Union or of the procurement documents on the website.
8. Appeals in cases other than those specified in sections 6 and 7 above shall be lodged within 5 days of the date on which the circumstances giving rise to the appeal became known or could have become known with due diligence.
9. The parties and participants in the proceedings shall have the right to appeal to the court against the decision of the National Appeal Chamber and the decision of the President of the National Appeal Chamber referred to in Article 519(1) of the Public Procurement Law.
10. The appeal shall be lodged with the Regional Court in Warsaw, 23rd Commercial Appeals and Public Procurement Division, through the President of the National Appeal Chamber, within 14 days of the date of delivery of the decision of the National Appeal Chamber or the decision of the President of the National Appeal Chamber referred to in Article 519(1) of the Public Procurement Law, sending a copy thereof to the opponent of the complaint at the same time. Submitting a complaint at a post office of the designated operator within the meaning of the Act of 23 November 2012 - Postal Law, is tantamount to filing it.

Opis opcji

1. The Contracting Authority provides for the possibility of exercising the option right consisting in extending the quality guarantee granted for the Medical Equipment by:
a. the manufacturer of the Medical Equipment for a period not exceeding 31 December 2029
and/or
b. Contractor for a period not exceeding 31 December 2029.
2. Warranty services will be provided:
a. under the terms and conditions specified in Appendix 2 to the ToR – “Draft contractual provisions” for warranty service applicable to the basic order (rules for removing defects, performing warranty service, inspections, maintenance, replacement of parts, etc.);
b. for the remuneration specified in Contractor’s bid, whereby the remuneration for each period of warranty service covered by the option right shall be settled in monthly settlement periods, in arrears, by the 10th day of the month following the month in which – respectively – the manufacturer and/or Contractor will provide warranty services, on the basis of a correctly issued VAT invoice, whereby Contractor is obliged to provide the Contracting Authority with a VAT invoice covering the given settlement period no later than on the last day of the month of that period. If the Contracting Authority exercises its option right with regard to the manufacturer’s warranty and Contractor’s warranty, the remuneration for the performance of both services may be covered by a single VAT invoice (with detailed items for each service).
3. For the avoidance of doubt, the Contracting Authority declares that the Contracting Authority shall not be in any contractual relationship with the manufacturer of the Medical Equipment – ensuring the provision of warranty services to the Contracting Authority by the manufacturer of the Medical Equipment during the period covered by the option right is the sole obligation of Contractor. In particular, Contractor shall:
a. be liable for the failure to provide warranty services by the manufacturer and for the improper provision of such services throughout the period covered by the option right;
b. receive remuneration for ensuring the provision of warranty services by the manufacturer.
4. The Contracting Authority shall be entitled to exercise the option right if it finds that the extension of the quality guarantee – respectively – of Contractor and/or the manufacturer is necessary or justified by the needs of the Contracting Authority, in particular in the event of the Contracting Authority continuing the grant project or other circumstances justifying the extension of the quality guarantee period.
5. The Contracting Authority may exercise the option right throughout the entire period of performance of the subject of the Agreement.
6. The option right shall be exercised by submitting a statement to Contractor on the exercise of the option right, drawn up in writing or in electronic form; otherwise, it shall be null and void. The statement referred to in the previous sentence:
a. may include:
 an extension of the manufacturer’s warranty period and an extension of Contractor’s warranty period;
and/or
 extension of the manufacturer’s warranty period only
and/or
 extension of Contractor’s warranty period only;
and, in addition, in each of the cases referred to in indents 1 to 3 above:
b. may include an extension of the manufacturer’s or Contractor’s warranty, respectively, for a period shorter than the maximum period covered by the option right, until the maximum period covered by the option right for a given warranty is exhausted.

Wymagane depozyty i gwarancje

1. In order to cover any claims for non-performance or improper performance of the contract and subsequent claims under the quality guarantee and warranty for legal and physical defects, the Contracting Authority requires Contractor whose bid has been selected as the most advantageous to provide a performance bond before signing the contract.
2. The performance bond shall amount to 3% of Contractor’s total gross remuneration for the due performance of the contract (the sum of the gross remuneration for the preparation of complete certification documentation, including the subsequent obtaining of the STC and the Aircraft operating licence, and the gross remuneration for the delivery of Medical Equipment).
3. The performance bond may be provided, at Contractor’s discretion, in one or more of the following forms:
a. cash;
b. bank guarantees or credit union guarantees, provided that the credit union’s obligation is always a monetary obligation;
c. bank guarantees;
d. insurance guarantees;
e. sureties granted by entities referred to in Article 6b(5)(2) of the Act of 9 November 2000 on the establishment of the Polish Agency for Enterprise Development.
4. The Contracting Authority shall return the performance bond to Contractor within 30 days of the completion of the Object of Contract.
5. The security deposit in cash shall be paid by Contractor before the conclusion of the contract to the Contracting Authority’s bank account, account number: 96 1130 1017 0000 3159 1590 0002, duly indicating in the transfer title the proceedings and the purpose for which the money is being paid.
6. If the deposit is paid in cash, Contractor may agree to credit the deposit amount towards the security deposit. The date of receipt of Contractor’s request to transfer the deposit amount towards the security deposit shall be treated as the date of payment of the security deposit (in the relevant part of the security deposit).
7. If the security has been provided in cash, the Contracting Authority shall keep it in an interest-bearing bank account. The Contracting Authority shall return the security deposit paid in cash with interest resulting from the bank account agreement on which it was kept, less the cost of maintaining that account and the bank commission for transferring the money to the bank account indicated by Contractor.
8. If the security has been provided in the form of a guarantee or surety, the guarantee/surety shall be drawn up in accordance with applicable law and shall include:
a. a statement by the surety or guarantor, acting as the principal debtor of the Contracting Authority on behalf of Contractor, on the payment of the secured or guaranteed amount, constituting irrevocable and unconditional security for performance, at the first request of the Contracting Authority;
b. a provision that no amendment to the contract which may be made on the basis of this contract or mandatory provisions of law shall release the guarantor or surety from liability under the guarantee, and with the proviso that the guarantor or surety waives the obligation to notify such amendment.
In addition, the surety or guarantee shall not:
c. provide for the applicability of any law other than the law of the Republic of Poland;
d. be subject disputes concerning them to the jurisdiction of courts other than the common courts of the Republic of Poland;
e. provide for the requirement to certify the signatures of persons authorised to act on behalf of the Contracting Authority (beneficiary) or persons authorised to act on behalf of the Contracting Authority (beneficiary) on documents of correspondence with the guarantor (surety), including on a request for payment, in particular by a notary public or a competent bank.
9. The performance bond, in all forms provided for in paragraph 9 above, shall secure claims arising from non-performance or improper performance of the contract in the same manner, which means that security provided in a form other than cash may not secure the Contracting Authority’s claims in a manner less favourable than if security had been provided in cash. The Contracting Authority does not allow the payment of amounts from the guarantee/surety to be made conditional upon the submission of any additional documents, certification of signatures by third parties, or the fulfilment of any conditions other than the Contracting Authority’s statement that the amount claimed is due for non-performance or improper performance of the contract.
10. Immediately after receiving the relevant document (guarantee, surety), the Contracting Authority shall have the right to raise objections to it or confirm acceptance of the document without reservations. Contractor shall submit the relevant guarantee or surety document to the Contracting Authority within a time limit enabling the Contracting Authority to exercise this right.
11. In the event of objections, Contractor shall meet the Contracting Authority’s requirements within the specified time limit.
12. The costs associated with issuing the performance bond shall be borne by Contractor.
13. In the case of bids submitted jointly by two or more Contractors, the performance bond may be provided by all Contractors jointly, by some of them or by one Contractor, provided that the content of the document indicates that the guarantor’s/surety’s obligation applies to all Contractors who have submitted a joint bid.
14. In the event of a postponement of the deadline for the performance of the contract, the performance bond shall also be extended accordingly.