Delivery of a wind turbine simulator for the Koszalin University of Technology.

1. The subject matter of the contract is the delivery of a wind turbine simulator for the Koszalin University of Technology within the scope specified in the Terms of Reference (ToR) and the Price Form constituting Appendix 2 to the ToR. 2. A detailed description of the subject matter of the contract and technical requirements is contained in Appendix 2 to the ToR. 3. The Ordering Party requires the Contractor to provide information in the price form allowing the Ordering Party to identify the subject matter of the contract: manufacturer, type/model of the equipment. If the data allowing the Ordering Party to identify the subject matter of the contract is not provided, the contract shall be rejected pursuant to Article 226 section 1 item 5 of the PPL Act. 4. The Ordering Party shall not divide the contract into parts, as the subject matter of the contract constitutes a single complete set. Dividing the contract into tasks would entail excessive technical difficulties and costs of contract performance, as well as the need to coordinate the activities of various Contractors performing individual parts of the contract. The subject matter of the contract is suitable for performance by small and medium-sized entities. 5. The Contractor shall deliver, install and commission a new factory equipment, which is the subject of this procedure, at its own expense, to the place indicated by the Ordering Party, and provide training in its operation. 6. Detailed provisions concerning the performance of the subject matter of the contract are contained in the draft agreement constituting Appendix 11 to the ToR. 7. The Ordering Party shall apply the what is known as reverse procedure referred to in Article 139 section 1 of the PPL Act, i.e. the Ordering Party shall first test and evaluate the tenders, and then qualify the Contractor whose tender has been evaluated highest in terms of the absence of grounds for exclusion and fulfilment of the conditions for participation in the procedure. 8. The procedure shall be conducted in Polish and English. All statements and notifications shall be made in Polish and English. The Ordering Party shall conduct the procedure in two languages in accordance with Article 20 section 4 of the PPL Act, due to the possibility of expanding the circle of contractors and due to the specialised subject matter of the contract. In the event of any discrepancies between the two language versions, the Polish language version shall prevail. The agreement shall be governed by Polish law. If the agreement is concluded by an entity registered in Poland, it shall be signed only in Polish, and if the agreement is concluded by a foreign entity, it shall be signed in Polish and English.Main features of the procedure1. The Contractor shall submit a statement on the European Single Procurement Document (ESPD) form together with the tender. The statement shall constitute evidence confirming the absence of grounds for exclusion, fulfilment of the conditions for participation in the procedure as at the date of submission of tenders, temporarily replacing the means of proof relating to the subject matter of the contract required by the Ordering Party. 2. In addition, the Contractor must attach to the tender a statement confirming that, as at the date of submission of tenders, there are no grounds for exclusion under Article 7 section 1 of the Act of 13 April 2022 on special measures to counteract support for aggression against Ukraine and to protect national security (Journal of Laws of 2024, item 507) - (the template statement is provided in Appendix 4 to the ToR and pursuant to Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No. L 229 of 31 July 2014, p. 1), as amended by Council Regulation (EU) No. 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No L 111 of 8.4.2022, p. 1), - the template for the statement is provided in Appendix 5 to the ToR. 3. In the case of joint applications for an order by Contractors, a statement of non-exclusion pursuant to Article 7 section 1 of the Act of 13 April 2022 on special measures to counteract support for aggression against Ukraine and to protect national security ( Journal of Laws of 2024, item 507) and pursuant to Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No. L 229 of 31 July 2014, p. 1), as amended by Council Regulation (EU) No. 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No L 111 of 8.4.2022, p. 1) shall be submitted by each of the Contractors jointly applying for the contact. These statements confirm that there are no grounds for exclusion and that each Contractor individually meets the conditions for participation in the procedure. 4. Before selecting the most advantageous tender, the Ordering Party shall request the Contractor whose has been evaluated highest to submit, within a specified time limit of not less than 10 days from the date of the request, means of proof relating to the subject matter of the contract as at the date of submission. 5. The list of means of proof relating to the subject matter of the contract confirming that there are no grounds for exclusion is contained in Chapter IX, item 5 of the ToR. 6. The list of means of proof relating to the subject matter of the contract confirming that the conditions for participation in the procedure have been met is contained in Chapter IX, item 6 of the ToR. 7. The ordering party shall not request the submission of means of proof relating to the subject matter of the contract if: 1) t can obtain them from free and publicly available databases, in particular public registers within the meaning of the Act of 17 February 2005 on the computerisation of the activities of entities performing public tasks, provided that the Contractor has indicated in the statement referred to in Article 125 section 1 of the PPL Act the data enabling access to these means; 2) the means of proof relating to the subject matter of the contract is a statement whose content corresponds to the scope of the statement referred to in Article 125 section 1) of the PPL Act. 8. If, in the course of the procedure, the contractor fails to submit a statement, statements or documents necessary for the conduct of the procedure, the statements or documents submitted are incomplete, contain errors or raise doubts indicated by the Ordering Party, the Ordering Party shall request their submission, supplementation or correction within a time limit specified by the Ordering Party, unless, despite their submission, the Contractor's tender would be rejected or the procedure would have to be invalidated. 9. The continuation is contained in Chapter IX of the ToR.