The subject of the contract is a service, within the meaning of Article 7(28) of the Public Procurement Law, consisting in launching, managing and comprehensive operation of the Bydgoski Rower Aglomeracyjny system, with the use of the used equipment and infrastructure of the Contracting Authority (devices, bikes) in such a way that each authorized customer may rent a bike, on the terms specified in the Terms of Reference, the OPZ and the Agreement

1..A detailed description of the subject matter of the contract and the terms and conditions of the contract performance are described in the draft provisions of the agreement, constituting Appendix No. 1 to the Terms of Reference - template of the Agreement with attachments, including:1) Description of the subject matter of the contract (OPZ), constituting Appendix No. 2 to the Agreement, and in the service valuation template, constituting Appendix No. 3 to the Terms of Reference.2.The Contracting Authority does not provide for requirements for the employment of persons referred to in Article 96(2)(2) of the Public Procurement Law.3. The contracting authority requires the submission of an offer after the contractor has completed a site visit. The required site visit includes two parts:

1) familiarization of the Contractor with the type and technical condition of bicycles (used equipment)

in the ZDMiKP warehouse at 5 Vitebska Street in Bydgoszcz, on two dates to choose from:- date 1: 25.10.2023, from 11:00 a.m. to 12:00 p.m.,

- term 2: 27.10.2023, 11:00 a.m. – 12:00 p.m., 2) familiarization of the Contractor with the construction and technical solutions of the existing bicycle stations, on the example of the bicycle station located in Bydgoszcz at Kaliskiego / UTP Street, on two dates to choose from:

- Term 1: 25.10.2023, 12:30 p.m. – 1:30 p.m.,- Term 2: 27.10.2023, 12:30 p.m. – 1:30 p.m.,

All bike stations included in the order have the same technical solutions and work in the same way. In addition to the required vision of the sample station, the contractor may independently make a vision of other, selected stations.

The route recommended by the Contracting Authority between the warehouse and the location of the exemplary bicycle station with parts of the site inspection is given in Appendix No. 4.3 to the Terms of Reference. The required site visit will take place in the presence of the Contracting Authority's Representative, who will prepare two attendance lists for the participants, respectively, for each of the two parts of the vision.

The power of attorney document of the persons representing the Contractor to participate in the inspection should be submitted to the Contracting Authority's Representative.

During the inspection, the Contracting Authority will not answer the contractors' questions. Communication between contractors and the Contracting Authority shall take place exclusively in accordance with the rules described in Chapter VIII of the Terms of Reference. In addition, the offer will require the Contractor's statement on conducting a site visit (the template of the statement is attached as Appendix 4.1 to the Terms of Reference). The declaration shall be made by at least one

contractors jointly bidding for the contract. Failure to take part in the site visit described above disqualifies the Contractor and will result in the rejection of the offer.4. Pursuant to Article 95(1) of the Public Procurement Law, the Contracting Authority requires that the contractor or subcontractor, during the performance of the contract (throughout the term of the contract), employ under an employment contract within the meaning of the provisions of the Labour Code (Article 22 § 1) persons performing activities during the performance of the contract consisting of: 1) relocation of bicycles and activities aimed at ensuring the appropriate number of bicycles at stations, 2) repair/service of bicycles and stations,

A detailed description of the Contracting Authority's requirements in this respect can be found in the draft provisions of the agreement, which constitute Appendix No. 1 to the Terms of Reference.5. The contractor may entrust the performance of part of the contract to a subcontractor, subject to the prohibition described in section V.11. SWZ. With regard to subcontracting, the provisions of Articles 462-465 of the Public Procurement Law apply. The Contractor is obliged to indicate in the Offer and in the ESPD the parts of the contract (in % or material scope) which it intends to entrust to subcontractors, and the names of possible subcontractors, if they are already known. The lack of a contractor's statement in this respect will mean that the contractor intends to perform the entire contract on its own. The contractor is liable for the actions, omissions and negligence of the subcontractor as for its own actions.6. The Contracting Authority does not allow the submission of partial offers. From an economic, functional and technical point of view, it is justified to provide the service to a single entity and not to divide the contract into lots7. The Contracting Authority does not provide for the possibility of awarding contracts referred to in Article 214(1)(7) of the Public Procurement Law.