Repair service of level 4 maintenance of electric multiple units type 21WEa, 22WEd and 34WEa along with additional work.

The subject of the contract includes the performance by the Contractor of repair services:

• 12 electric multiple units type 22WEd corresponding to the 4th maintenance level (hereinafter: repair) specified in the Maintenance System Documentation for the 22WEd type vehicle together with the performance of additional works indicated in Annex 3 to PPU (basic scope and scope resulting from the Option Law referred to in §14 of Annex 2 to the SWZ - PPU);

• 5 electric multiple units type 21WEa corresponding to the 4th level of maintenance (hereinafter: repair) specified in the Maintenance System Documentation for type 21WEa vehicle together with the performance of additional works indicated in Annex 3 to PPU (basic scope and scope resulting from the Option Right referred to in §14 of Annex 2 to the SWZ - Ppu);

• 4 electric multiple units type 34WEa corresponding to the 4th level of maintenance (hereinafter: repair) specified in the Maintenance System Documentation for the vehicle type 34WEa together with the performance of additional works indicated in Annex 3 to PPU (basic scope and scope resulting from the Option Right referred to in §14 of Annex 2 to the SWZ - PPU);

In order to fulfil the obligation resulting from Article 95(2) of the Public Procurement Law, the Contracting Authority specified in the Draft provisions of the contract constituting Annex 2 to the SWZ the requirements for employment on the basis of an employment contract for persons performing activities in the field of contract performance, the performance of which consists in performing work in the manner specified in Article 22 §1 of the Act of 26 June 1974 – Labour Code (i.e. of 9 June 2022: Journal of Law of 2022, item 1510, as amended).

The Contracting Authority requires that the subject of the contract be provided by the Contractor having implemented a quality management system in relation to the railway industry confirmed by the IRIS certificate (ISO/TS 22163). The subject of the contract should be carried out in compliance with quality, reliability and technical safety standards in accordance with IRIS standards. Pursuant to Article 107(2) of the Public Procurement Law, if the Contractor has not submitted the evidence in question or the evidence submitted is incomplete, the Contracting Authority shall call for their submission or supplementation within the prescribed period. The contracting authority may request from contractors explanations regarding the content of the evidence in question.

The Ordering Party requires that the subject of the contract be covered by a quality guarantee for the vehicle on the terms set out in § 6 of the Draft provisions of the contract (Annex 2 to the SWZ) for a period of at least 24 months and a maximum of 60 months. The guarantee is the second criterion for selecting the most advantageous offer. The Contractor shall indicate the period for which it provides a quality guarantee

in the Offer Form – Annex 1 to the SWZ. If the guarantee period is not indicated in the Offer Form, the Contracting Authority will consider that the Contractor has offered a minimum guarantee period, i.e. 24 months.

The subject of the contract is to be carried out in compliance with quality, reliability and technical safety standards in accordance with IRIS standards. Therefore, the Contractor submits the measures in question together with the bid in the form of a certificate in accordance with ISO/TS 22163(IRIS).

Pursuant to Article 257 of the Pzp Act, the Contracting Authority provides for the possibility of annulment of this procedure if the public funds which the Contracting Party intended to allocate to the financing of all or part of the contract have not been granted to it.