Delivery of encrypted data media

The numbering referenced in this Notice derives from the content of the SWZ (Terms of Reference). 7. Conditions for participation in the procedure. 1) Economic Operators may apply for participation in the procedure if they: a) are not subject to exclusion, b) meet the conditions for participation in the procedure concerning technical or professional ability, i.e., the Economic Operator demonstrates that within the last 3 years before the deadline for submission of tenders, and if the period of business activity is shorter – within this period, they have properly performed at least one delivery of encrypted data storage media or other computer equipment for an amount of at least PLN 50,000 including VAT. If the Economic Operator demonstrates experience in the scope of an ongoing delivery (in progress), the Contracting Authority shall consider the condition fulfilled if, by the deadline for submission of tenders, the completed part of the delivery meets the condition for participation in the procedure, i.e., as part of the ongoing contract, a part of the delivery of encrypted data storage media or other computer equipment has been performed for an amount of at least PLN 50,000 including VAT. 2) If the Economic Operator submits documents containing amounts expressed in currencies other than the Polish zloty to confirm compliance with the conditions for participation in the procedure, the Contracting Authority shall convert them into Polish zloty. The average exchange rate of the National Bank of Poland (NBP) applicable on the date of publication of the contract notice in the Official Journal of the European Union shall be applied for conversion. If on the date of publication of the Contract Notice in the Official Journal of the European Union the average exchange rate is not published by the NBP, the Contracting Authority shall apply the exchange rate from the last published NBP Exchange Rate Table prior to the date of publication of the contract notice in the Official Journal of the European Union. 3) The Contracting Authority does not apply the capability levels specified in the regulations issued pursuant to Art. 5(4) or (5) of the Act of 5 August 2025 on the certification of public procurement contractors, as capability levels have not been defined for this specific subject of the contract. The Contracting Authority determines the conditions independently. 4) In order to confirm compliance with the condition referred to in item 7 sub-item 1(b), the Economic Operator may, where appropriate and in relation to this contract or a part thereof, rely on the technical or professional abilities of entities providing resources, regardless of the legal nature of the legal relationships connecting it with them. 5) An Economic Operator relying on the abilities or standing of entities providing resources shall submit along with the tender a commitment from the entity providing resources to make the necessary resources available to it for the purpose of executing the contract, or other subjective evidence confirming that the Economic Operator executing the contract will have the necessary resources of those entities at its disposal. Furthermore, an Economic Operator relying on the abilities or standing of entities providing resources shall indicate this information in the ESPD (Part II Section C). Failure to invoke the resources of the providing entity on the tender submission date will preclude subsequent reliance on those resources and necessitate demonstrating the experience condition independently (Art. 123 of the Public Procurement Law Act). 6) The commitment of the entity providing resources referred to in item 7 sub-item 5) confirms that the relationship connecting the Economic Operator with the entities providing resources guarantees real access to these resources and specifies in particular: a) the scope of resources of the entity providing resources available to the Economic Operator; b) the method and period of making the resou…