The subject of the contract is executed (as stage I between 2022 and 2023) by the contractor to the contracting authority: sale and delivery of 12 sets of powertrains, sale and delivery of 12 sets of wires and fittings, commissioning of modernized trams by the contracting authority and carrying out driving test in single driving and in the lineup in any connection configuration, conducting technical tests of upgraded trams and the provision of certificates allowing trams to traffic. The Contractor will optionally (as stage II in 2023-2024) up to 4 sets of powertrains and up to 4 sets of wires and fittings, and will launch and carry out technical surveys upgraded by the contracting trams.

THE SUBJECT OF THE ORDER is carried out by the contractor to the contracting authority: sale and delivery of 12 sets of drives, sale and delivery of 12 sets of wires and fittings, commissioning of modernized trams by the contracting authority and carrying out test driving single and in composition in any configuration of connections, conducting technical tests of modernized trams and the provision of certificates allowing trams to traffic. The Contracting Authority provides for the execution of the subject of the contract with the possible application of the option law referred to in Article 441 (1) of the Act of 11 September 2019 - Public Procurement Law (text one: Journal of Laws of 2021, item 1129 as amended), hereinafter referred to as the PZP on the following terms: use of the right of option will consist in: sale and delivery of up to 4 consecutive sets of drivetrains, sale and delivery of up to 4 more sets of wires and fittings, commissioning upgraded by the contracting trams and carrying out test runs in single driving and in the composition any configuration of connections, technical tests of upgraded trams - provided additional financial resources are raised by the contracting authority with the provision that the contractor is not entitled to any claim against the contracting authority, where the contracting party from option rights will not exercise. The rules for the implementation of the subject of an option law, concerning how to pay, how to secure due performance of the contract, how contractual penalties are charged, the performance of rights and obligations arising from the guarantee and the cooperation of the parties, will be the same as those in relation to the basic object of the order.

The Contracting Authority shall notify the contractor of the exercise of the right of options not later than 28.08.2023r. A detailed description is contained in the specification of the terms and conditions of the contract (SWZ) and in the proposed terms of the contract (PPU) — alp. 3 to SWZ.

BASIC FEATURES OF THE PROCEDURE:

(1) The proceedings shall be carried out in an unlimited invitation to tender under Article 376 (1) and Article 378 et seq. PZP.

(2) Pursuant to Article 139 (1) of the PZP, the contracting authority shall first examine and evaluate tenders and then make the subject-qualification of the contractor whose highest rated offer in the absence of grounds for exclusion and compliance with the conditions for participation in the proceedings.

3. Pursuant to Article 139 (2) Pzp, the contractor shall not be obliged to submit, together with the offer, the declaration referred to in Article 125 (1) Pzp (JEDZ).

4. The Contracting Authority shall call for the submission of the declaration referred to in Article 125 (1) Pzp (JEDZ) of the contractor whose offer will be rated at the highest, in accordance with Chapter. VII, point 3, point 1 of SWZ.

Criteria for evaluation of bids

1) Criterion: Price (C) — 95%. Method of granting points according to the formula: C= lowest offer price ÷ offer price in the bid rated x 100 x 95%. A detailed method of calculating the price is described in chapter. XIV SWZ.

2) Criterion: Warranty (G) — 5%. Method of granting points according to the formula: G= Warranty period of the offer assessed ÷ the longest warranty period (60 m) x 100 x 5%.

Note: The minimum warranty period for the subject of the order is — 36 months from the date of receipt of each tram by the contracting Party. The offer of a contractor who proposes a warranty period of less than 36 months will be rejected as not corresponding to SWZ content. The maximum warranty period for the subject of the order is 60 months from the date of receipt of each tram by the contracting Party. If the contractor proposes a warranty period of more than 60 months, the term 60 m will be counted for the evaluation of tenders in the “Warranty” criterion, as the maximum warranty period for the subject of the contract.