Provision of operational and maintenance services of equipment, installations and networks: water and sewage, heat (central heating, steam, hot water, central heating), chlorine dioxide generators, solar and gas collectors in the R.SZ complex. S

Conditions for participation in the procedure

Contractors who can apply for the contract:

5.1. shall not be excluded in respect of the grounds for exclusion of the contractor referred to in Article 108 (1) of the Pzp Act.

5.2. are not subject to exclusion pursuant to Article 7(1) of the Act of 13 April 2022 on special solutions in the field of counteracting support for aggression against Ukraine and serving to protect national security (i.e. Journal of Laws of 2023, item 129, as amended). According to the above provision, the following are excluded from the public procurement procedure:

1) the contractor and the competition participant listed in the lists set out in Regulation 765/2006 and Regulation 269/2014 or entered on the list on the basis of a decision on entry on the list determining the application of the measure referred to in Article 1(3) of the Act;

2) the contractor and the participant of the competition, whose beneficial owner within the meaning of the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2022, items 593 and 655) is a person listed in Regulation 765/2006 and Regulation 269/2014 or entered on the list or being such a beneficial owner from 24 February 2022, provided that it has been entered on the list on the basis of a decision on inclusion on the list determining the application of the measure referred to in Article 1(3) of the Act;

3) the contractor and the competition participant whose parent company within the meaning of Article 3(1)(37) of the Accounting Act of 29 September 1994 (Journal of Laws of 2021, items 217, 2105 and 2106) is an entity listed in Regulation 765/2006 and Regulation 269/2014 or entered on the list or being such a parent company from 24 February 2022, provided that he was entered on the list on the basis of a decision on entry on the list deciding on the application of the measure referred to in Article 1(3) of the Act.

5.3. shall not be excluded under 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. EU No L 229, 31.7.2014, p. 1), hereinafter: Regulation 833/2014, as amended by Council Regulation (EU) 2022/576 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229, p. 1). EU No L 111, 8.4.2022, p. 1), hereinafter: Regulation 2022/576. Contracting authorities conducting proceedings with a value equal to or exceeding the EU thresholds are obliged to exclude "Russian contractors" from the procedure, i.e.:

1) Russian citizens, natural or legal persons, entities or bodies based in Russia;

2) legal persons, entities or bodies whose ownership rights are directly or indirectly owned by Russian citizens or natural or legal persons, entities or bodies established in Russia;

(3) natural or legal persons, entities or bodies acting on behalf of or at the direction of:

a. Russian citizens or natural or legal persons, entities or bodies based in Russia or b. legal persons, entities or bodies whose ownership rights are directly or indirectly owned by more than 50% Russian citizens or natural or legal persons, entities or bodies based in Russia,

(4) subcontractors, suppliers and entities on whose capacity the contractor or concessionaire relies where they account for more than 10 % of the value of the contract or concession, if such subcontractor, supplier, entity on whose capacity the contractor relies belongs to any of the categories of entities listed in points 1 to 3.

5.4. The Contracting Authority provides for the exclusion of the contractor:

c.d. III. 1.1)