The subject of the contract is the collection and management of municipal waste from property owners, where residents of the city of Włoszczowa and in villages of the commune of Włoszczowa with inhabited hamlets reside: Bebelno Kolonia, Bebelno Wieś, Boczkowice, Czarnca with hamlets (Handlarka, Knapówka, Mościska), Danków Duży, Danków Mały, Dąbie, Gościencin, Jeżowice, Kąty, Konieczno, Kurzelów with the hamlet of Wymysłów Kurzelowski, Kuzki with the hamlet of Ewina, Ludwinów, Łachów, Międzylesie together with the hamlet of Mchowie, Motyczno with the hamlet of Jamskie, Nieznanadów, and Ogarka , Rząbiec, Silpia Duży together with Silpa Mała, Wola Wiśniowa together with the hamlet Podlipie, Wymysłów near Rząbiec with the hamlet Michałów within the scope specified in Annex 2 to the ToR.
The subject of the contract is the collection and management of municipal waste from property owners, where residents of the city of Włoszczowa and in villages of the commune of Włoszczowa with inhabited hamlets reside: Bebelno Kolonia, Bebelno Wieś, Boczkowice, Czarnca with hamlets (Handlarka, Knapówka, Mościska), Danków Duży, Danków Mały, Dąbie, Gościencin, Jeżowice, Kąty, Konieczno, Kurzelów with the hamlet of Wymysłów Kurzelowski, Kuzki with the hamlet of Ewina, Ludwinów, Łachów, Międzylesie together with the hamlet of Mchowie, Motyczno with the hamlet of Jamskie, Nieznanadów, and Ogarka , Rząbiec, Silpia Duży together with Silpa Mała, Wola Wiśniowa together with the hamlet Podlipie, Wymysłów near Rząbiec with the hamlet Michałów within the scope specified in Annex 2 to the ToR.
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VI. GROUNDS FOR EXCLUSION
1. The Contractor who is subject to any of the grounds referred to in Art. 24 paragraph 1 points 12 - 23 of the PPL Act.
2. In addition, in accordance with art. 24 paragraph 5 points 1 and 4 of the Public Procurement Law, the Employer shall also exclude from the proceedings the Contractor:
a) in relation to which liquidation has been opened, in the arrangement approved by the court in the restructuring proceedings it is envisaged to satisfy the creditors by the liquidation of his assets or the court ordered the liquidation of his assets pursuant to art. 332 paragraph 1 of the Act of 15 May 2015 - Restructuring Law (Journal of Laws of 2019, item 243, as amended) or whose bankruptcy was announced, with the exception of the contractor who, following declaration of bankruptcy, entered into an arrangement approved by a final court decision, if the arrangement does not provide for satisfaction of creditors by liquidation of the assets of the bankrupt, unless the court ordered the liquidation of his assets under art. 366 section 1 of the Act of February 28, 2003 - Bankruptcy Law (Journal of Laws of 2019, item 498, as amended),
b) who, for reasons attributable to him, did not or improperly significantly performed the previous public procurement contract or concession contract concluded with the awarding entity referred to in art. 3 clause 1 item 1-4 of the PPL, which led to the termination of the contract or the award of damages.
3. The Awarding Entity will exclude from the participation of contractors in relation to which the circumstances constituting the basis for exclusion occurred in the periods referred to in art. 24 paragraph 7 of the PPL Act.
4. The contractor who is subject to exclusion under paragraph 1 and 2 may provide evidence that the measures taken by him are sufficient to demonstrate its reliability, in particular to prove compensation for damage caused by a crime or tax offense, monetary compensation for damage suffered or compensation, comprehensive explanation of the facts and cooperation with law enforcement authorities and taking specific technical, organizational and staffing measures that are appropriate to prevent further offenses or fiscal offenses or misconduct by the contractor. The first sentence shall not apply if a contractor, who is a collective entity, has been ordered by a final judgment of a court to prohibit the award of a contract and the period of validity of the ban has not expired.
5. The contractor is not subject to exclusion if the Employer, taking into account the weight and special circumstances of the contractor's act, deems sufficient evidence submitted pursuant to paragraph 4.
6. In the cases referred to in art. 24 paragraph 1 point 19 of the Public Procurement Law, the Employer will provide the contractor with the opportunity to prove that his participation in the preparation of the contract award procedure will not distort competition.
7. The awarding entity may exclude a contractor at any stage of the contract award procedure.