The subject of the contract is the supply of accessories used to measure cardiac output for Pulsion Medical Systems devices, which the Ordering Party has for a period of 24 months in accordance with the price form constituting Appendix No. 2 to the Terms of Use and in accordance with the draft provisions of the agreement constituting Appendix No. 4 to these Terms of Reference.

The Contracting Authority shall inform that in this procedure carried out by unlimited tender, it provides for the possibility of applying the procedure referred to in Article 139 (1) of the Law p.z.p. The Contracting Authority shall first examine and evaluate the tenders, and thereafter shall make the subject qualification of the Contractor whose offer has been highest assessed in the absence of grounds for exclusion and fulfilment of the conditions of participation in the proceedings.

1. The subject of the contract is the supply of accessories used to measure cardiac output for Pulsion Medical Systems devices, which the Ordering Party has for a period of 24 months in accordance with the price form constituting Appendix No. 2 to the Terms of Use and in accordance with the proposed provisions of the agreement constituting Appendix No. 4 to these Terms of Reference.

2. A detailed description of the subject of the order, including the type, detailed characteristics of the goods and the quantity, is specified in the price form constituting Appendix No. 2 to the contract.

3. The offered subject of the order must be compatible with Pulsion Medical Systems devices owned by the Ordering Party.

4. The goods offered by the Contractor must be allowed to be marketed and used in Poland in accordance with the Act of 7 April 2022 on medical devices (Journal of Laws of 2022, item 974, as amended) for the entire duration of the contract (the Ordering Party reserves the right to request at any stage of the contract to submit by the Contractor current documents allowing the subject of the contract constituting a medical device for marketing and use in Poland in accordance with the Act on Medical Devices i.e. the declaration of conformity of the medical device and, if it concerns a certificate issued by a notified body, depending on the class of the device concerned).

5. The goods offered by the Contractor must be:

1) brand new, without signs of use and full-fledged, complete,

of the first category, as well as meet the quality requirements and properties specified by

The Ordering Party and the manufacturer of the goods, as well as guarantee functionality

and reliability within the scope of its intended use,

2) described and marked and have all the necessary information in accordance with the Act on Medical Devices of 7 April 2022, including information about the expiry date and batch number,

3) delivered to the Ordering Party in the original, intact packaging of the manufacturer of the goods, in a way that ensures the preservation of its properties and operational parameters during transport and storage in warehouse conditions (if applicable).

6. The Ordering Party specified in Annex 2 to the SWZ quality requirements relating at least to the main elements constituting the subject of the contract.

7. The Contractor should offer the subject of the contract in accordance with the parameters specified by the Ordering Party. Wherever the Ordering Party has not directly specified a dimension, color or other parameter, it is the responsibility of the Contractor.

8. The Contractor should offer and price all assortment items listed in the price form. In the price form, the contractor should provide the name of the manufacturer and the name of the assortment or catalogue number.

9. If references to standards, technical assessments, technical specifications and reference systems referred to in Article 101(1)(2) and (3) of the Public Procurement Law have been used in the description of the subject of the contract, the Ordering Party, in accordance with Article 101(4) of the Public Procurement Law, shall allow the use of solutions equivalent to those described. Whenever a standard, technical assessment, technical specification or technical reference system is indicated in this SWZ, it shall be assumed that

they are referred to as 'or equivalent'.

10. If the Ordering Party indicates in the description of the subject of the contract a trademark, patent or origin, source or special process that characterizes the products – it should be assumed that the indicated trademarks, patents, origin, etc. specify the minimum parameters indicated

in Annex 3 to the SWZ, which are the criteria used to assess equivalence. Each time a trademark, patent or origin, source or specific process that characterizes products is indicated in this SWZ, it should be assumed that the phrases "or equivalent" were used in relation to them (legal basis of Article 99(5) and (6) of the Public Procurement Law).