1. The subject of the contract is the service of maintaining in constant efficiency (continuous operation) 199 devices operating as part of the ITS system in Bydgoszcz in 2023, installed in passageways within the administrative borders of the City of Bydgoszcz managed by the Ordering Party, including: 71 CCTV cameras, 66 ARCP cameras, 32 VMS boards, 10 Meteo stations, 20 traffic measurement stations and server rooms (including fiber optic connections with devices), SCATS parent application and other programs and applications included in the ITS System. During the execution of the order, the number of ITS devices subject to the service will not increase.

3. Detailed description of the subject of the contract and the terms of execution of the order are included in the proposed provisions of the contract, constituting the contract No. 1 to the SWZ - model of the Agreement with the Annexes, including:

1) List of ITS devices - vault No. 2 to the Agreement,

2) Specification of Service Performance (SPU) - deduction No. 3 to the Contract,

and in the formula of the offer form - zał No. 2 to SWZ and in the formula of valuation of the service containing the quantity of projected works - zał No. 3 to SWZ.

4. The Contracting Authority declares that throughout the term of the Agreement it will commission services in the field of maintaining the software part of the ITS System and server devices and backup (part A of the Service Valuation) at a level of not less than 9 months, as well as services in the field of replacement / repair of ITS devices together with the necessary equipment and materials and their maintenance (part B + C of the Service Valuation) according to the needs of the Ordering Party.

5. The Contracting Authority does not impose an absolute requirement to carry out an on-site inspection, but suggests conducting it in the interest of the Contractor without the participation of the Ordering Party.

6. Pursuant to Article 95(1) of the Public Procurement Law, the contracting authority requires that the contractor or subcontractor during the performance of the contract (during the entire term of the contract) employs under an employment contract within the meaning of the provisions of the Labour Code (Article 22 § 1) persons who will perform activities directly related to the performance of services, i.e. the so-called manual workers. Therefore, this requirement does not apply to persons m.in: suppliers of equipment and materials, or verifying and making changes to the program part. A detailed description of the Ordering Party's requirements in this respect can be found in the draft provisions of the contract - Appendix No. 1 to the SWZ.

7. The Contractor may entrust the performance of part of the contract to a subcontractor, taking into account the prohibition described in point V.11. SWZ. In the scope of subcontracting, the provisions of Articles 462-465 of the Public Procurement Law shall apply. The Contractor is obliged to indicate in the Tender and in the ESPD the parts of the contract (in % or material scope) whose performance it intends to entrust to subcontractors, and the names of any subcontractors, if they are already known. The lack of a contractor's statement in this respect will mean that the contractor intends to independently perform the entire contract. The contractor is responsible for the actions, shortcomings, negligence of the subcontractor, as for his actions.

8. The contracting authority does not provide for the possibility of awarding contracts referred to in Article 214(1)(7) of the Public Procurement Law.

9. The Contracting Authority shall not allow partial bids. The contracting authority does not divide the contract into lots. Justification for not dividing the contract into lots:

The network topology of the ITS system (rings) and the connections of all devices do not allow to divide the task into smaller scopes. The ITS system consists of several closely related subsystems (e.g. traffic control with video monitoring, public transport management, parking information and guidance of vehicles to alternative roads) and their separation would negatively affect the proper operation of the system, and thus the flow of road traffic and the safety of road users. The lack of division into lots does not limit access to the contract for economic operators from the SME sector.