The subject of the contract are construction works performed in the design and build system, within the meaning of Article 7(21) of the PPL, consisting in the design and execution of construction works related to the preparation of design documentation along with obtaining administrative decisions enabling the implementation of the task consisting in the reconstruction of the tram track along Toruńska Street in Bydgoszcz on the section from Aleja Prezydenta Lech Kaczyńskiego to the last exit from the tram depot km 0+966, track and road range along with the reconstruction of the necessary accompanying infrastructure.

Cd. point II.1.4) announcements

1.A detailed description of the subject of the contract (basic and optional) and the terms of performance of the contract are included in the draft provisions of the contract, constituting Annex 1 to the SWZ - model Agreement with attachments, including:

1) in the description of the subject of the contract, constituting Annex No. 2 to the Agreement,

2) in the Functional and Utility Program No. 1 and Utility Program No. 2, constituting an attachment to the OPZ,

3) in the model offer form constituting Annex 2 to the SWZ.

2.The contracting authority, pursuant to Article 95(1) of the Public Procurement Law, requires that the contractor or subcontractor during the performance of the contract (during the entire term of the contract) employs on the basis of an employment relationship within the meaning of the provisions of the Labour Code (Article 22 § 1) persons who will perform activities directly related to the performance of works, i.e. the so-called manual workers.

This requirement does not apply to persons: designers, construction managers, geodetic services, or suppliers of building materials. A detailed description of the Ordering Party's requirements in this respect can be found in the draft provisions of the contract, which constitute Annex No. 1 to the SWZ.

3.The Contractor may entrust the performance of part of the contract to a subcontractor, taking into account the prohibition described in point V.12. 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 Offer 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.

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

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

The implementation of the investment project entitled "Reconstruction of the tram track on Toruńska Street on the section from Kazimierza Wielkiego Street to the MZK depot" requires implementation within one task due to the need to ensure close cooperation and inter-branch coordination. Including individual stages of the investment within one task will ensure efficient and faster preparation of starting materials, development of design documentation and implementation of construction works, when the development is carried out by one entity (company, team). This eliminates problems related to communication between entities, errors resulting from the transfer of materials necessary to prepare the subject of the contract. In addition, the scope provided for in the subject matter of the contract has not been divided due to the interaction of individual industries, e.g. changing the routing (e.g. high-altitude) of the track entails the need to reconstruct the road system (e.g. intersection or tram crossings) or change the location of individual infrastructure elements (m.in. lighting, underground utilities networks, etc.). The investment also includes the reconstruction of all entrances and exits from the tram depot and a fragment of the tram track section in the area of the tram depot. The works will be carried out under tram traffic. Due to this, the division of this task could lead to the disruption of tram communication in the city, and even to its paralysis.

The absence of part-breakdown does not limit access to the contract to contractors in the SME sector.

6. The Ordering Party does not allow the submission of variant offers and in the form of electronic catalogs.

7.The Contracting Authority does not provide for an electronic auction.

8.The contracting authority does not conduct proceedings to conclude a framework agreement.

9.The award of the contract may be applied for by contractors who are not subject to exclusion and meet the conditions for participation in the procedure specified by the Contracting Authority