The subject of the contract is the provision of a comprehensive all-day service for patients of the Lesser Poland Orthopaedic Hospital — Rehabilitation of Prof. Bogusław Frańczuk. A detailed description of the item of the contract includes the model of the contract, which is annex 3 to the Procurement Terms Specification (SWZ). SWZ records should be read along with any changes to SWZ content, which are, for example, the result of answers to Contractors' inquiries. Address of the website where changes and explanations of SWZ content and other contract documents directly related to the procurement procedure will be made available: https://www.kcr.pl/zamowienia-publiczne-2021/ - 'website of the proceed'. The public contract shall be awarded in accordance with the Law of 11 September 2019 — Public Procurement Law by unrestricted tender, using the so-called 'reverse procedure' described in Article 139 Pzp. A vadium in the proceedings is not required.
1. The Contracting Authority shall not allow the submission of partial tenders. For organizational, economic, expedient reasons, the order cannot be divided into parts. By determining the conditions and criteria in the proceedings, the Contracting Authority shall not eliminate micro/small/medium-sized enterprises from participating in the proceedings. The breakdown of this contract into parts should be considered inexpedient and having an effect on an unreasonable increase in the cost of performance of the service. At the same time, the need to coordinate (due to the nature of the services provided) the activities of various Contractors carrying out individual parts of the contract could greatly jeopardize the proper execution of the contract. Failure to split the order into parts is an objective circumstance, resulting from the nature of the order.
2. The Contracting Authority, within the limits laid down by Article 462 et seq. The Pzp Act allows the possibility of the execution of the object of the contract by the Contractor using subcontractors.
3. The Contractor who intends to entrust the execution of part of the contract to subcontractors shall indicate in the offer the parts of the contract to which the execution of the subcontractor intends to entrust the subcontractors and shall specify the names of possible subcontractors, if
4.Contractors may jointly apply for the award of the contract. In this case, the Contractors shall establish a proxy to represent them in the procurement procedure or represent them in the proceedings and concluding a public contract.
5. The Employer does not reserve the obligation for the Contractor to perform key parts of the Order in person.
6. When applying for the award of a public contract, the Contractor shall be obliged to fulfil all formal and legal obligations relating to participation in the proceedings. These obligations include, inter alia, obligations arising from the GDPR, in particular the information obligation provided for in Article 13 of the GDPR in respect of the natural persons whose personal data relates and from whom the Contractor has directly obtained those data.
7. In this proceeding, communication is carried out using the miniPortal https://miniportal.uzp.gov.pl/, ePUAPU https://obywatel.gov.pl/nforms/ezamowienia and e-mail. Details of how the Contracting Authority and Contractors are communicated are set out in the SWZ.
8. Address of the Employer's ePUAP box: /KCRIO/SkrytkaESP.
9. Address of the website where changes and explanations of SWZ content and other contract documents directly related to the procurement procedure will be made available:
https://www.kcr.pl/zamowienia-publiczne-2021, called the “website of conduct.”
10. The Contracting Authority does not provide for an electronic auction.
11. The Contracting Authority provides for the possibility of awarding contracts referred to in Article 214 (1) (7) of the Law Pzp, not exceeding 50% of the value of the basic contract (representing 462 962,97 net). These orders will consist of a repetition of similar services in relation to those described in this proceeding, including in the model contract. The estimated value of the contract without orders under Article 214 (1) (7) of the Pzp Act is 925 925.93 PLN net.
12. In the light of Article 95 of the Pzp Act, the Contracting Authority requires employment by the Contractor (or subcontractor) on the basis of the working relationship of persons performing during the execution of the order activities related to the preparation, transport and distribution of meals, since the performance of these activities consists of the provision of work in the manner laid down in Article 22 (1) of the Act of 26 June 1974 — Labor Code. Attention! This employment requirement does not apply to tenders: natural persons engaged in business activities who commit to the personal provision of the abovementioned work and partners of personal companies who undertake to the personal provision of these works to the company, to such extent in what abov. persons will ensure the personal execution of the order.