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

Krótki opis

1. The object of the contract is the delivery by the 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 to perform air medical evacuation by aircraft of the ERJ190-200 model with serial numbers: 19000415, 19000444, 19000462, and 19000516 (hereinafter collectively: the Aircraft), along with the preparation of complete certification documentation and the subsequent obtaining of an approved Supplemental Type Certificate (STC) for modifications to the Aircraft resulting from its adaptation for medical evacuation, comprising a total of: 6 intensive care units and 16 non-intensive care units, occurring in a total of 5 different configurations.
2. A detailed description of the object of the contract, including, in particular:
a. the scope of the required certification documentation and a description of the individual configurations of intensive care units and/or non-intensive care units used for the performance of air medical evacuation by the aircraft,
b. a list of medical equipment comprising, respectively, intensive care units and non-intensive care units, along with a specification of the technical and clinical parameters of the medical equipment,
constitutes Appendix No. 1 to the ToR – “Description of the object of the contract.”
3. The terms and conditions for the performance of the contract are set forth in Appendix No. 2 to the ToR – “Draft Contractual Provisions.”

Informacje dodatkowe

[SUPPORTING EVIDENCE]
1. The Contracting Authority requires the following evidence to be submitted with the letter of tender: catalog cards and/or other documents confirming that:
a. the multifunctional intensive care stretcher, including the stretcher base with storage space and a removable bridge attached to the stretcher for securing medical devices, meets the following technical parameters specified by the Contracting Authority in Appendix No. 1 to the ToR – “Description of the object of the contract”:
 stretchers on a durable, lightweight frame made of aluminum and/or carbon composite and/or titanium alloy, designed for the transport of a single patient under intensive supervision,
 a stretcher equipped with a mattress featuring an easily washable cover (easy to clean and disinfect, resistant to bodily fluids). The mattress must meet the requirements specified in EASA CS-25 Subpart D (CS 25.853) Part I Appendix F,
 a backrest with a lifting and locking function within an angle range from the flat position to60°(+/-5°), with at least one intermediate position, during takeoff, flight, and landing,
 a patient harness system with length adjustment on both sides of the buckles, including at least 1 harness (4- or 5-point) and at least 2 two-point harnesses. The harnesses must have tags with airworthiness data, protected against removal or loss of the information contained therein,
 a stretcher that can be attached to and detached from the unit ergonomically, without the use of additional tools,
 an attachable bridge with mounts for at least 1 cardiac monitor/defibrillator, 1 ventilator, and 2 infusion pumps, certified for at least loading, unloading, and continued transport by ground ambulance,
 mounting for a transport ventilator,
 mounting for a defibrillator/cardiac monitor,
 mounting for no fewer than 2 syringe infusion pumps,
 mounting for an electric suction unit,
 electrical system with 230 VAC CEE7/7 sockets (or universal sockets compliant with the 7/7 standard or Europlug type), no fewer than 2 sockets; sockets must be labeled with voltage and maximum current ratings and feature an LED indicating power availability,
 electrical installation with USB Type-C sockets, providing power with a voltage
from 5 to 20 volts and a power of no less than 60 watts, no fewer than 2 sockets; sockets must be labeled with the voltage and maximum current,
 electrical system with small 12 VDC cigarette lighter sockets, no fewer than 3 sockets; sockets must be labeled with voltage and maximum current,
 oxygen system with mounts for 2 cylinders with a water capacity of 5 L and an integrated regulator,
 no fewer than 2 AGA-type oxygen outlets located near the ventilator mounting; the location of the outlets must not interfere with the mounted ventilator or the oxygen dispenser. The contracting authority permits the omission of AGA outlets provided that the method and placement of oxygen cylinders in the PTU allow the ventilator to be connected directly to the AGA outlet of the cylinder using the supplied oxygen tubing, in a manner that does not hinder medical procedures and does not interfere with other devices installed on the PTU,
 a passive oxygen therapy dispenser, plugged directly into the AGA outlet, with an oxygen flow rate range of no less than 0 to 15 L/min. The Contracting Authority permits the omission of the dispenser provided that the method and location of the oxygen cylinders allow for the connection of passive oxygen therapy for the patient directly from the cylinder flowmeter in a manner that does not hinder medical procedures and does not interfere with other devices installed on the PTU,
 mounting for the oxygen concentrator. The Contracting Authority permits the oxygen concentrator to be mounted interchangeably with a 5-liter oxygen cylinder,
 storage space in the form of drawers and/or shelves secured against items falling out, including at least one heated drawer allowing for the warming and maintenance of infusion fluids at a temperature between 37 and 41 degrees Celsius,
 a hanger for no fewer than two (2) IV drips,
 the unit must be capable of being mounted on board an Embraer 190 aircraft in “quick-change” mode,
 mounts for medical devices, including a defibrillator/ECG monitor, ventilator, infusion pumps, and an electric suction unit. The mounting must comply with EASA Part 21 requirements. Mounts for the ECG monitor/defibrillator, ventilator, and infusion pumps must be capable of being attached to the patient unit and to the attachable stretcher bridge,
 AGA-DIN and DIN-AGA oxygen system adapters, 1 piece per unit (6 AGA-DIN and 6 DIN-AGA),
 warranty service authorized by the manufacturer of the multifunctional stretchers,
b. multifunctional stretchers suitable for non-intensive care units meet the following technical parameters specified by the Contracting Authority in Appendix No. 1 to the ToR – “Description of the Subject of the Order”:
 stretchers on a durable, lightweight frame made of aluminum and/or carbon composite and/or titanium alloy, designed for transporting a single patient,
 stretchers equipped with a mattress featuring an easily washable cover (easy to clean and disinfect, resistant to bodily fluids). The mattress should meet the requirements specified in EASA CS-25 Subpart D (CS 25.853) Part I Appendix F,
 a backrest with a lifting and locking function within an angle range from flat to60°(+/-5°), with at least one intermediate position,
 a patient restraint system with length adjustment on both sides of the fasteners, including at least 1 harness (4- or 5-point) and at least 2 two-point belts. The belts must have tags with airworthiness data, protected against removal or loss of the information they contain,
 a stretcher that can be attached to and detached from the unit ergonomically, without the use of additional tools,
 a mount for a defibrillator/cardiac monitor,
 a hanger for no fewer than two (2) IV drips,
 a mount for a 5-liter oxygen cylinder,
 the unit must be capable of being mounted on board an Embraer 190 aircraft in “quick-change” mode,
 manufacturer-authorized warranty service.
ATTENTION!
For the avoidance of doubt, the Contracting Authority declares that:
 as a general rule, it does not accept – as evidence – a document listing the technical parameters of the offered delivery item, prepared by the Contractor, regardless of its name (“technical specification,” “catalog sheet,” or other). The document referred to in the preceding sentence shall be treated as the Contractor’s own statement. Subject to the second indent below, the Contractor’s own statement shall be classified as admissible evidence only if the Contractor is simultaneously the manufacturer of the offered object of delivery,
 the submission – as evidence – of a document that merely repeats the description of the object of the contract set forth in Appendix No. 1 to the ToR is not permitted, particularly by repeating “range” parameters, given the lack of actual identification of the offered delivery item. The reservation referred to in the preceding sentence applies to both the document prepared by the Contractor and that prepared by the manufacturer of the offered subject of delivery.
2. The Contracting Authority permits the submission or supplementation of the relevant evidence, in accordance with Article 107(2) of the Public Procurement Law.
[CONDITIONS FOR PARTICIPATION IN THE PROCUREMENT]
1. Contractors who meet the condition for participation in the procedure regarding
a. authorization to conduct specific business or professional activities, to the extent required by separate regulations:
The Contracting Authority requires that the Contractor hold an approval appropriate for organizations designing products, parts, and accessories or responsible for modifications and repairs of products, parts, and accessories, confirming the Contractor’s compliance with the requirements of Part 21, Subpart J of Annex 1 to Commission Regulation (EU) No. 748/2012 of August 3, 2012, laying down implementing rules for the certification of aircraft and related products, parts, and accessories in terms of airworthiness and environmental protection, and for the certification of design and production organizations (the Contractor must hold the status of a certified design organization),
b. technical or professional competence in terms of knowledge and experience:
The Contracting Authority requires that the Contractor, during the three-year period preceding the deadline for submission of letters of tender, or during the entire period of operation if shorter, has duly performed at least one service involving the preparation of comprehensive certification documentation, followed by the subsequent issuance of 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 of adapting the aircraft’s interior for medical evacuation using at least one intensive care unit (modification of the aircraft interior involving at least the installation of a multi-purpose intensive care stretcher, along with the ability to subsequently remove it and restore the aircraft to its original configuration).

Główne miejsce lub miejsce wykonywania działalności

a. the service of preparing comprehensive certification documentation, followed by obtaining an approved STC for modifications to the Aircraft resulting from its adaptation for medical evacuation, for a total of: 6 intensive care units and 16 non-intensive care units, occurring in a total of 5 different configurations: The Contracting Authority does not specify the place of service performance due to the specific nature of the service (the service may be performed at the Contractor’s premises or at another location selected by the Contractor),
b. Delivery of medical equipment: The Contracting Authority will specify the exact delivery location for the medical equipment after the public contract is awarded, but no later than 7 days prior to the scheduled delivery of the object of the planned contract, provided that the delivery location is within the territory of the Republic of Poland.

Główne aspekty procedury

1. The proceedings shall be conducted in Polish.
2. Notwithstanding the provision of paragraph 1 above, the Contracting Authority:
a. acting pursuant to Article 20(3) of the Public Procurement Law, permits the submission of letters of tender in English,
b. acting pursuant to § 5, sentence 2 of the Regulation of the Prime Minister of December 30, 2020, on the method of preparing and transmitting information and technical requirements for electronic documents and means of electronic communication in public procurement proceedings or competitions, allows for the preparation of evidence and other documents or statements in English,
c. acting pursuant to Article 20(4) of the Public Procurement Law, will prepare the procurement documents and submit for publication in the Official Journal of the European Union the contract notice and, where applicable, other notices relevant to the proceedings, also in English.
3. The authorization to prepare letters of tender, subject-specific evidence and other statements in English, as well as the preparation of procurement documents and notices in the proceedings in English, is justified by the specific nature of the object of the contract, which determines the pool of Contractors, taking into account the choice of English as a language commonly used in international trade, including in the aviation industry.
4. The Contractor shall submit subjective evidence and other documents or statements prepared in a foreign language together with a translation into Polish.

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

1. In the event of a failure of the procurement platform that prevents the opening of letters of tender within the time limit specified by the Contracting Authority, the opening of letters of tender shall take place immediately after the failure has been resolved. The Contracting Authority shall announce the change in the date for the opening of letters of tender on the website of the procurement procedure.
2. The opening of letters of tender is confidential.
3. The Contracting Authority shall, no later than before the opening of letters of tender, publish on the website of the ongoing procurement procedure information regarding the amount it intends to allocate to finance the contract.
4. Immediately after the opening of letters of tender, the Contracting Authority shall publish on the website of the ongoing procurement procedure information regarding:
a. the names or first and last names, as well as the registered offices or places of business or places of residence of the Contractors whose letters of tender have been opened,
b. the prices contained in the letters of tender.

Informacje dodatkowe

1. In the event of a failure of the procurement platform that prevents the opening of letters of tender within the time limit specified by the Contracting Authority, the opening of letters of tender shall take place immediately after the failure has been resolved. The Contracting Authority shall announce the change in the date for the opening of letters of tender on the website of the procurement procedure.
2. The opening of letters of tender is confidential.
3. The Contracting Authority shall, no later than before the opening of letters of tender, publish on the website of the ongoing procurement procedure information regarding the amount it intends to allocate to finance the contract.
4. Immediately after the opening of letters of tender, the Contracting Authority shall publish on the website of the ongoing procurement procedure information regarding:
a. the names or first and last names, as well as the registered offices or places of business or places of residence of the Contractors whose letters of tender have been opened,
b. the prices contained in the letters of tender.

Wymagane depozyty i gwarancje

1. In order to cover any claims arising from non-performance or imdue performance of the contract, as well as subsequent claims under the quality guarantee and the warranty for legal and physical defects, the Contracting Authority requires the Contractor whose tender has been selected as the most advantageous to provide, prior to signing the contract, a performance bond.
2. The performance bond shall amount to 3% of the 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 Airworthiness Certificate, and the gross remuneration for the delivery of medical equipment).
3. The performance bond may be provided, at the Contractor’s discretion, in one or more of the following forms:
a. cash,
b. bank guarantees or guarantees from a credit union, 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 November 9, 2000, on the Establishment of the Polish Agency for Enterprise Development,
4. The Contracting Authority shall return the performance bond to the Contractor within 30 days of the completion of the object of the contract.
5. The Contractor shall pay the security deposit in cash prior to the conclusion of the contract to the Contracting Authority’s bank account, account number: 96 1130 1017 0000 3159 1590 0002, clearly indicating in the transfer title the procurement procedure and the purpose for which the funds are being paid.
6. If the tender bond is provided in cash, the Contractor may consent to the tender bond amount being credited toward the security. The date of receipt of the Contractor’s request to transfer the tender bond amount toward the security shall be treated as the date of provision of the security (for the relevant portion of the security).
7. If the security is provided in cash, the Contracting Authority shall hold it in an interest-bearing bank account. The Contracting Authority shall return the security provided in cash, together with interest accrued under the terms of the bank account agreement on which it was held, less the cost of maintaining that account and the bank fee for transferring the funds to the bank account designated by the Contractor.
8. If the security was provided in the form of a guarantee or surety, the guarantee/surety must be drawn up in accordance with applicable law and must include:
a. a statement by the surety or guarantor, acting as the Contracting Authority’s principal debtor on behalf of the Contractor, regarding the payment of the guaranteed amount, constituting irrevocable and unconditional security for performance, upon the Contracting Authority’s first demand,
b. a provision stating that no amendment to the contract, which may be made pursuant to this contract or mandatory provisions of law, shall release the surety or guarantor from liability under the guarantee, and provided that the surety or guarantor waives the obligation to notify of such an amendment.
Furthermore, the surety or guarantee:
c. shall not provide for the application of any law other than the law of the Republic of Poland,
d. shall not submit disputes concerning them to the jurisdiction of courts other than the common courts of the Republic of Poland,
e. shall not provide for the requirement to certify the signatures of persons authorized to act on behalf of the Contracting Authority (beneficiary) or persons authorized to act on behalf of the Contracting Authority (beneficiary) affixed to documents in correspondence with the guarantor (surety), including a demand for payment, in particular by notarial certification or by a competent bank.
9. The performance bond, in all forms provided for in paragraph 9 above, shall secure claims arising from non-performance or imdue 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 favorable than if such security had been provided in cash . The Contracting Authority does not permit the payment of amounts under the guarantee/surety to be contingent upon the submission of any additional documents, the certification of a signature by third parties, or the fulfillment of any conditions, other than the Contracting Authority’s statement that the requested amount is due as a result of non-performance or imdue performance of the contract.
10. The Contracting Authority, immediately upon receipt of the relevant document (guarantee, surety), has the right to raise objections to it or to confirm acceptance of the document without objection. The Contractor shall submit the relevant guarantee or surety document to the Contracting Authority within a timeframe that allows the Contracting Authority to exercise this right.
11. In the event of objections, the 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 the Contractor.
13. In the case of letters of tender submitted jointly by two or more Contractors, the performance bond may be provided jointly by all Contractors, by some of them, or by a single Contractor; however, the document must clearly state that the guarantor’s/surety’s obligation applies to all Contractors who submitted the joint tender.
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

1. Communication between the Contracting Authority and the Contractors shall take place using electronic means of communication:
a. the Contracting Authority’s procurement platform available at: ezamowienia.gov.pl (hereinafter the “procurement platform”),
b. email (only in the event of a failure of the procurement platform):
 the Contracting Authority:dw@rars.gov.pl
 Contractors: an email message that allows for the identification of the Contractor (the email address must be included, and the Contractor must be identified in the body of the email).
PURCHASING PLATFORM
2. Viewing and downloading the public content of the procurement documents does not require an entity account on the procurement platform or logging in.
3. A Contractor intending to participate in the procurement must have a “Contractor” entity account on the procurement platform. Use of the procurement platform is free of charge. Detailed information regarding the creation of entity accounts and the terms and conditions of use of the procurement platform are described in the e-procurement platform Terms of Service, available on the website https://ezamowienia.gov.pl. Additional information regarding the use of the procurement platform is available in the “Help Center” section of the procurement platform.
[General Communication]
4. Communication in the procurement process, excluding the submission of letters of tender, takes place electronically via the procurement platform, using the communication forms available in the “Forms” tab – “Communication Forms.” In particular, requests and notifications are sent, questions are asked, and answers are provided via the “Communication Forms.” The “Communication Forms” also allow you to attach a file to the message you are sending (the “Add Attachment” button).
Note! Attached files may be signed – at the Contractor’s discretion – with an external signature or an internal signature. Depending on the type of signature (external/internal), the message includes either pre-signed documents along with a generated signature file (external type) or a document with an embedded signature (internal type).
5. Full access to the “Communication Forms” requires having a “Contractor” account on the procurement platform and logging in to the procurement platform.
6. To use “Communication Forms” for asking questions regarding the content of procurement documents, it is sufficient to have a so-called simplified account on the platform.
7. All messages sent and received by the Contractor during the procurement process are visible after logging in, in the procurement overview under the “Communication” tab.
8. The maximum file size for files sent via the “Communication Forms” is 150 MB (this limit applies to files sent as attachments to a single form).
9. Requirements necessary for the proper use of the procurement platform:
a. a PC with Internet access (an Internet connection with a bandwidth of at least 256 kbit/s), with the following minimum specifications:
 Intel Core2 Duo, 2 GB RAM, HDD,
 one of the following operating systems installed: MS Windows 7 or newer; OSX/Mac OS 10.10; Ubuntu 14.04,
 one of the following browsers installed: Chrome 66.0 or newer; Firefox 59.0 or newer; Safari 11.1 or newer; Edge 14.0 or newer,
or
b. a tablet/phone/other similar device with Internet access (Internet connection with a bandwidth of at least 256 kbit/s) with the following minimum specifications:
 4-core processor, 2GB RAM, Android 6.0 Marshmallow, iOS 10.3,
 Chrome 61 or later installed.
Note! To use the full functionality, you may need to enable SSL secure data transmission, JavaScript, and cookies in your browser.
10. Connection specifications, data transmission format, and encoding and timestamping of received data:
a. connection specifications – forms are provided via the TLS 1.2 protocol,
b. data format and encoding: forms are available in HTML format with UTF-8 encoding,
c. data reception timestamps: all operations are based on server time, and data is recorded with second-level precision.
11. In the event of technical issues or outages related to the operation of the purchasing platform, users may contact technical support by phone at (32) 77 88 999 or via email using the form available on the website https://ezamowienia.gov.pl under the “Report a Problem” tab.
[Submitting letters of tender]
12. The Contractor signs the tender form with a qualified electronic signature and submits it via the procurement platform in the “Letters of tender/Applications” tab. The recommended signature type is internal. Signing the tender form with an external signature is also possible, provided that the separate signature file created for this form is attached in the “Attachments and other documents submitted in the tender by the Contractor” field.
13. Other documents included in the letter of tender or submitted with the letter of tender may, at the Contractor’s discretion, be signed using an external or internal signature. Depending on the type of signature (external, internal), the previously signed documents, along with the generated signature file (external type) or the document with an embedded signature (internal type), are added to the “Attachments and other documents submitted in the letter of tender by the Contractor” field.
14. When submitting an electronic document in a format that compresses data, affixing a qualified electronic signature to the file containing the compressed documents is equivalent to affixing a qualified electronic signature to all documents contained in that file.
15. The procurement platform system checks whether the submitted files are signed and automatically encrypts them, while simultaneously notifying the Contractor. Confirmation of the time of submission and receipt of the letter of tender is provided in the Electronic Transmission Confirmation (ETC) and the Electronic Receipt Confirmation (ERC). The EPP and EPO are available to logged-in Contractors in the “Letters of tender/Applications” tab. They can be downloaded to the user’s local storage.
16. A tender may only be submitted before the deadline for submission of letters of tender.
17. The contractor may withdraw their tender before the deadline for submitting letters of tender. The contractor withdraws the letter of tender in the “Letters of tender/Applications” tab by clicking the “Withdraw Tender” button. Once confirmed, the letter of tender will be withdrawn, and a document confirming the withdrawal (Electronic Withdrawal Confirmation, EWC) will be available for download.
18. The maximum total size of files constituting the letter of tender or submitted with the letter of tender is 250 MB.
EMAIL:
19. When communicating via email, the following is required:
a. the Contractor must have an ICT device with Internet access,
b. the Contractor must have access to a modern web browser supporting HTML5, CSS3, and JavaScript,
c. the Contractor must have an active email account.
20. The date of delivery of correspondence is the date it is received in the Contracting Authority’s mailbox.
21. File size limits: The Contractor may send files with a maximum size of 10 MB.
FORM OF DOCUMENTS SUBMITTED AS PART OF CORRESPONDENCE
22. The tender, the statement referred to in Article 125(1) of the Public Procurement Law, subjective evidence, including the statement under Article 117(4) of the Public Procurement Law, the commitment of the entity providing 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 pursuant to Article 18 of the Act of February 17, 2005, on the computerization 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 April 12, 2012, on the national interoperability framework, minimum requirements for public registers and the exchange of information in electronic form, and minimum requirements for IT systems (hereinafter: data formats corresponding to the KRI).
23. The submission of digital copies of substantive evidence, including the statement under Article 117(4) of the Public Procurement Law, the commitment of the entity making the resources available referred to in Article 118( 3 of the Public Procurement Law, and powers of attorney, if issued in paper form, subject to the requirement that the digital copy be certified as conforming to the document drawn up in paper form, in accordance with the requirements set forth in the Regulation of the Prime Minister of December 30, 2020, on the method of preparing and transmitting information and technical requirements for electronic documents and means of electronic communication in public procurement proceedings or competitions.
24. Information, statements, or documents other than those specified in paragraphs 23 and 24 above shall be prepared in electronic form in data formats corresponding to KRI or as text entered directly into a message transmitted using electronic means of communication.
25. The sole means of expressing information in correspondence is the use of words, numbers, or other written characters that can be read and reproduced and whose arrangement leaves no doubt as to the content and context of the recorded information.
26. The Contractor shall submit electronic documents in their original form.

Dokładne informacje na temat terminu (terminów) procedur odwoławczych

1. Contractors, as well as any other entity that has or had an interest in obtaining the contract and has suffered or may suffer damage as a result of the Contracting Authority’s violation of the Public Procurement Law, are entitled to the legal remedies specified in Section IX of the Public Procurement Law, i.e., an appeal and a complaint to a common court.
2. The appeal procedure is governed by the provisions of Articles 506–578 of the Public Procurement Law.
3. The complaint procedure is governed by the provisions of Articles 579–590 of the Public Procurement Law.
4. An appeal may be filed against:
a. an action by the Contracting Authority that is inconsistent with the provisions of the Public Procurement Law, taken during the proceedings, including a proposed contract provision,
b. a failure to perform an act in the proceedings that the Contracting Authority was required to perform under the Public Procurement Law,
c. failure to conduct a procurement procedure, even though the Contracting Authority was obligated to do so.
5. The appeal shall be filed with the President of the National Appeal Chamber. The appellant shall provide the Contracting Authority with the appeal filed in electronic form or in digital format, or a copy of such appeal if it was filed in writing, before the deadline for filing the appeal, in such a manner that the Contracting Authority may review its content before the expiration of that deadline. It is presumed that the Contracting Authority was able to review the content of the appeal before the deadline for filing it if the appeal or a copy thereof was transmitted to before the deadline for filing it using electronic means of communication.
6. The appeal must be filed within:
a. 10 days from the date of transmission of information regarding the Contracting Authority’s action constituting the basis for the appeal, if the information was transmitted via electronic means of communication,
b. 15 days from the date of notification of the Contracting Authority’s action serving as the basis for the appeal, if the notification was provided by means other than those specified in subparagraph (a) above.
7. An appeal against the content of the notice initiating the procurement procedure or against the content of the procurement documents must be filed within 10 days from the date of publication of the notice in the Official Journal of the European Union or the posting of the procurement documents on the website.
8. An appeal in cases other than those specified in paragraphs 6 and 7 above shall be filed within 5 days from the date on which the circumstances constituting the basis for the appeal became known or could have become known with due diligence.
9. The parties and participants in the proceedings have the right to file a complaint with the court against the ruling 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 complaint shall be filed 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 service of the decision of the National Appeal Chamber or the ruling of the President of the National Appeal Chamber referred to in Article 519(1) of the Public Procurement Law, while simultaneously sending a copy thereof to the opposing party. Submission of the complaint at a post office of the designated operator within the meaning of the Act of November 23, 2012 – Postal Law – shall be deemed equivalent to its filing.