The subject of the contract is the delivery of brand new electric multiple units along with long-term maintenance for Koleje Śląskie sp. z o.o. to perform passenger rail transport.

1. The subject of the order is:

(1) within the basic scope:

a. delivery to the Ordering Party of 3 (in words: three) EMUs;

b. the provision of Maintenance Services for the delivered ETUs until the completion of the first P4 of each delivered EMU;

c. delivery of a repair package for delivered EMUs (in accordance with Appendix 5 to the Draft provisions of the Agreement);

d. conducting training;

- under the conditions specified in the contract and in accordance with the content of the offer.

2) under the conditions specified in the contract and in accordance with the content of the offer submitted by the Contractor within the optional scope of the contract (if the Contracting Authority activates the reserved Option Right in accordance with the provisions of the contract):

a. delivery to the Ordering Party of up to 2 additional EMUs of the same type as the EMUs delivered within the basic scope,

b. provision of maintenance services provided in addition to the first P4 (inclusive) of each EMU;

c. provision of maintenance services for all delivered EMUs (under basic and optional orders) during the period from the first P4 to a maximum of the second P4 (inclusive) of each EMU.

2. The delivery of the EMUs will take place on the terms of Delivered Duty Paid (DDP) within the meaning of Incoterms 2020.

3.Definition of EMU: means a brand new four-unit electric multiple unit being supplied.

4. Description of the Subject of the Order, including technical and operational requirements of the EMU, as well as requirements for the provision of Maintenance Services, are presented in the Draft provisions of the contract together with the OPZ.

5. This order will be financed from the Ordering Party's own resources and other sources. Pursuant to Article 257 of the Public Procurement Law, the Contracting Authority provides for the possibility of cancelling the said Procedure if the public funds that the Contracting Authority intended to allocate to finance all or part of the contract have not been granted to it.

6. Information on the measures of evidence in question:

1) 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 a certificate in accordance with ISO/TS 22163 (IRIS). The subject of the contract should be carried out both in the scope of production of EMUs and the provision of EMUs maintenance services in accordance with the standards in terms of quality, reliability and technical safety in accordance with ISO/TS 22163 (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.

2) In the case of Contractors jointly applying for the contract, all activities related to the production and provision of EMUs maintenance services should be performed by a Contractor who has implemented a quality management system for the railway industry and confirmed by a certificate in accordance with ISO/TS 22163 (IRIS).

3) Document referred to in Section X, point 10.1.1. 1) SWZ should be submitted by the Contractors jointly applying for the contract, who will perform the tasks independently or supervise the performance of tasks in the field of production and provision of EMU maintenance services.

7. In all provisions of the SWZ and its annexes, in which the Contracting Authority refers to standards, European technical assessments, technical specifications and technical reference systems, in accordance with Article 101(4) of the Public Procurement Law, it allows the use of equivalent solutions corresponding to the standards, European technical assessments, technical specifications and technical reference systems indicated in the SWZ and annexes. If equivalent solutions are used, the Contractor is obliged to demonstrate in writing, in accordance with Article 101(5) and (6) of the Public Procurement Law, the equivalence of the technical parameters offered in relation to the subject of the contract.