The subject of the contract includes the maintenance of green areas in the Wola District m.st Warsaw, i.e. areas of parks, squares, green areas and memorial sites.
1. A detailed description of the subject of the contract, the scope of work and the manner and requirements for the performance of the services being the subject of the contract shall specify:
a) the proposed provisions of the agreement, hereinafter also referred to as the model contract, which constitute Annex No. 6 to the SWZ together with Annexes No. 2-3, entitled:
- a list of sites,
- the manner in which the work was carried out,
b) price form – Annex 11 to SWZ.
2. In the proceedings in question, the Contracting Authority applies a social clause pursuant to Article 95 of the Public Procurement Law. The Contracting Authority requires that persons performing the subject of the contract and performing activities related to gardening works and development of green areas, be employed by the Contractor or Subcontractor, on the basis of an employment relationship, in accordance with the Act of 26 June 1974. Labour Code (i.e. Journal of Laws of 2022, item 1510, as amended). Detailed requirements regarding the method of documenting and verifying the employment of these persons and the Ordering Party's right to control this employment and sanctions for failure to meet these requirements are contained in the model contract, constituting Annex 6 to the SWZ.
3. Information on the division/non-division of the contract into lots.
The contracting authority divided the contract related to the maintenance of green areas in the Wola District into parts, each of which is the subject of a separate procedure. The present proceedings concern one of the abovementioned parts of the contract.
4. In accordance with § 3 section 6 of the model contract, the Contractor is obliged to have a civil liability policy for the conducted business for the sum insured not less than PLN 250,000.00 (in words: two hundred and fifty thousand PLN 00/100), for the entire duration of the contract.
5. The Ordering Party informs that it intends to allocate a gross amount of PLN 558,751.66 to finance the awarded contract.
6. The Contracting Authority does not provide for the possibility of awarding contracts pursuant to Article 214(1)(7) of the PPL Act.
7. Subcontractors: all information regarding subcontracting, the Ordering Party has included in the model contract, constituting Annex 6 to the SWZ. The Contracting Authority requires that the Contractor in the statement - Single European Procurement Document (JEDZ) indicate to the Ordering Party whether it will perform the contract on its own or whether it intends to entrust subcontractors with the performance of part of the contract.
8. The Contracting Authority in this procedure provides for the application of the procedure referred to in Article 139(1) of the PPL Act. In accordance with the indicated provision, the Contracting Authority shall first examine and evaluate the tenders, and then make a subjective qualification of the Contractor whose offer has been rated the highest, in terms of the lack of grounds for exclusion and meeting the conditions for participation in the procedure.