The subject of the contract is the delivery of the power module (stack), Ingeteam team code AN8010-A for electric multiple units EN 76, the type, description and terms of delivery of which are specified in Annex 2.1 (Price form) and in Annex 4 (Model contract) to the SWZ.
Place of delivery: Rolling Stock Maintenance Point Zbąszynek - 3 Kolejowa Street (rolling stock maintenance hall), 66-210 Zbąszynek, from 8:00 a.m. to 2.00 p.m.
1.The parts offered must:
strictly meet the requirements set out in Annex 2.1 to the SWZ,
-be original, brand new, free from defects, meet the relevant quality requirements and the requirements of European standards or Polish Standards transposing European standards, as well as not encumbered with the rights of third parties,
-upon delivery, have a quality control document 2.1 (the requirement for the quality control document has been clarified in relation to the assortment item and indicated in the Price Form) issued on the basis of the PN EN 10204:2006 standard or a quality document issued by its manufacturer
based on an equivalent standard, confirming the compliance of the Goods with the requirements set out in the model contract, whereby the manufacturer should be understood as an entity compliant with the definition given in the PN EN 10204:2006 standard, i.e. an organization that manufactures the Goods in accordance with the requirements for a given Goods, giving them properties in accordance with the requirements set out in the contract template.
2. The Ordering Party allows the possibility of submitting an offer for a product with a different catalog number or designation from the one indicated in the Price Form, the characteristics of which are defined in § 1 section 7 of the Model Contract (hereinafter referred to as the "Replacement Product").
3. If the contractor offers a Replacement Product, the Contractor is obliged to fill in column 13 of the Price Form for the appropriate item for which the Replacement Product is offered.
4. Documentation obligations resulting from the contractor's offer of the Replacement Product are set out in §1 sections 8 - 10 of the Model contract and are implemented in the course of the contract.
5. In all records of the contract notice, SWZ and its annexes, in which the Ordering Party describes the subject of the contract by indicating trademarks, patents or origin, source or a specific process that characterizes products or services provided by a specific contractor, it should be considered that the Ordering Party allows an equivalent product, and such indication is accompanied by the words "or equivalent" (hereinafter referred to as "Equivalent Product").
6. If the contractor offers equivalent Products, i.e. the contractor indicates this circumstance in the submitted offer, the contractor is obliged to demonstrate that the equivalent Products offered by him meet the requirements specified by the Ordering Party. In such a situation, the contractor is obliged to submit the following documents together with the offer:
a) a report (documentation) drawn up in accordance with Regulation No 402/2013 Annex 1, point 5.2 on the assessment of the significance of the change (assessment of the potential impact of the change on safety) and the report (documentation) of the risk management process on the change made involving the use of equivalent spare parts, drawn up in accordance with Article 2(1) of Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on a common safety method for safety assessment risk valuation and assessment and repealing Regulation (EC) No 352/2009 (OJ L. of 2013 No 121,
p. 8 of later dates. as amended),
c.d. in section III.1.1)