The subject of the contract is the service of transporting dialysis patients – without medical care from the place of residence to the dialysis station located in the Independent Public Clinical Hospital of Andrzej Mielęcki ŚUM in Katowice at 20-24 Francuska Street along with the return to the place of residence after dialysis.

3. A detailed description of the subject of the contract, a description of the contracting authority's requirements for implementation has been specified in the description of the subject of the contract - Annex No. 1 to the SWZ and in the draft provisions of the contract - Annex No. 2 to the SWZ.

4. Pursuant to Article 95 of the Public Procurement Law, the Contracting Authority requires that all activities directly related to the implementation of the subject of the contract be performed by persons employed by the Contractor or its subcontractors under an employment contract, if the performance of these activities consists in performing work in the manner specified in Article 22 § 1 of the Act of 26 June 1974 - Labour Code (Journal of Laws of 2022, item 1510, of late. Deaths). In the case of Subcontractors - the Contractor is obliged to include in each subcontract appropriate provisions obliging subcontractors to employ persons performing the above-mentioned activities under an employment contract.

5. The Contractor undertakes that employees performing the activities specified in point 4 will be employed under an employment contract within the meaning of the provisions of the Labour Code of 26 June 1974 (Journal of Laws of 2022, item 1510, as amended).

6. This condition will be met by employing new employees under an employment contract or delegating employees already employed by the Contractor or Subcontractor to perform the contract, as well as by concluding a temporary employment contract pursuant to the Act of 9 July 2003 on the employment of temporary workers (Journal of Laws of 2019, item 1563, as amended).

7. This requirement applies to persons who perform activities directly related to the performance of services, i.e. persons / persons driving a vehicle transporting patients.

8. To document this fact, the Contractor shall be obliged to submit to the Contracting Authority at the latest on the day of conclusion of the public procurement contract a statement on the employment of employees under an employment contract. The statement must contain in particular: precise identification of the entity submitting the declaration, the date of submitting the statement, an indication that the activities covered by the declaration are performed by persons employed under an employment contract, the type of employment contract and the length of time and the signature of the person authorized to submit the statement on behalf of the Contractor or Subcontractor.

13. Whenever proper names, names of norms, technical specifications, standards would appear in the description of the subject of the contract, it means that the Ordering Party allows an equivalent product. The Contracting Authority allows for the possibility of submitting offers containing solutions equivalent to those described by the Contracting Entity. If equivalent solutions are offered, the Contractor must, together with the offer form, present the offered solution and attach evidence documenting the basic technical parameters and comparative analysis, which will clearly show that they are fully equivalent to the materials indicated by the contracting authority in the documentation of the procedure. The proposed equivalent solution should have the certificates, approvals required by law and meet the requirements set out in the documentation of the procedure

14. All the requirements set out in the documents referred to above are minimum requirements, and their fulfillment is obligatory. Failure to meet the above-mentioned minimum requirements will result in the rejection of the tender as inconsistent with the terms of the contract pursuant to Article 226(1)(5) of the PPL.