1. The subject of the Contract is the development of design documentation for the task entitled: "Reconstruction of SRP Duszniki Dolina"
2. A detailed description of the object of the order includes Annex 1 to the SWZ — a model contract.
1. The subject of the Contract is the development of design documentation for the task entitled: "Reconstruction of SRP Duszniki Dolina"
2. A detailed description of the object of the order includes Annex 1 to the SWZ — a model contract.
3. CPV code number of the subject of the order:
-71242000-6 Preparation of project and project, cost estimation,
-71248000-8 Design and documentation supervision,
-71320000-7 Design engineering services.
4. The Contracting Authority informs that the trademarks, patents or origin, sources or a specific process that characterizes the products or services provided by a particular contractor, used in the content of the Specification and Appendices to the Specification, which are not accompanied by the words "or equivalent" together with an indication of the criteria used
for the purpose of assessing equivalence, are only illustrative and serve to facilitate the preparation of bids by Contractors.
5. Where reference is made in the Specification and Appendices to the Specification
to the standards, technical assessments, technical specifications and technical reference systems referred to in Article 101(1)(2) and (3) of the Act, the Contracting Authority shall allow solutions equivalent to those described, and such reference shall be accompanied by the words "or equivalent". The Contractor offering equivalent solutions is obliged to prove in the offer on the terms specified in the "Offer" Form (Appendix No. 6 to the Terms of Reference) that the proposed solutions meet the requirements specified in the description of the subject matter of the Contract to an equivalent extent.
6. The Contractor is obliged to read and apply the recommendations resulting from the Code of Conduct for Suppliers of the Gas Transmission Operator
GAZ-SYSTEM S.A. (Code of Conduct for Suppliers of the Gas Transmission Operator GAZ-SYSTEM S.A. is available on the Contracting Authority's website: http://www.gaz-system.pl/przetargi/kodeks-postepowania-dla-dostawcow/).
7. The Contractor is obliged to read and apply the "Tenderer's (Contractor/Supplier's) Manual", available on the Procurement Portal in the "Regulations" tab.
and instructions."
8. The Contracting Authority allows for the possibility of conducting a site visit by the Contractors no later than 3 days before the deadline for submission of offers. In such a situation, the Contractor is obliged, at least 2 days before the proposed date of the site visit, to apply by means of electronic communication
within the meaning of the Act of 18 July 2002 on the provision of electronic services
(i.e., Journal of Laws of 2020, item 344; hereinafter as the “Electronic Service Act”) to the Contracting Authority requesting a time limit (day and time) to make a local vision, provided that local vision may take place from Monday to Friday
excluding public holidays, from 9:00 a.m. to 2:00 p.m. The Contracting Authority allows the Contractor to obtain in this way any additional information that may be necessary for the preparation of the offer, the conclusion of the contract and the performance of the Contract. A site visit is not a meeting of the Contractors referred to in Article 136 of the Act; therefore, during the site visit, the Contracting Authority will not accept questions for clarification of the content of the Terms of Reference, nor will it answer the questions of the Contractors.
The costs of participation in the site inspection at the facility covered by the Contract shall be borne by the Contractor.
9. The design documentation shall not indicate trade marks, patents or the origin, sources or specific process that characterises the products or services provided by a particular contractor, where this could lead to
to give preference or elimination to certain contractors or products, unless this is justified by the specificity of the subject-matter of the contract and the designer cannot describe the subject-matter of the contract in sufficiently precise terms, in which case such an indication must be accompanied by the words 'or equivalent' and the conditions for that equivalence must be described (the characteristics required to meet the equivalence must be given).
10. Due to the specific nature of the subject of the Order, part of the Proceedings documentation contains classified information subject to protection within the meaning of the "Guidelines on the protection of information in procurement procedures in the Company Gas Transmission Operator GAZ-SYSTEM S.A.", therefore sections 11 - 16 below shall apply.
11. Disclosure of the documentation of the Proceedings containing the protected information shall be made available only to those Contractors who have submitted a declaration of confidentiality for the present Proceedings (in accordance with Appendix No. 7 to the Terms of Reference).
12. In order to submit the declaration referred to in paragraph 11, a complete declaration shall be sent in accordance with the rules set out in Chapter VIII of the SWZ.
13. A complete confidentiality statement shall consist of:
a. Completed and signed statement of confidentiality (in particular the fulfillment of comparity), together with all annexes,
b. Completed list of persons referred to in Section 2 (1) of the statement of confidentiality, as appropriate Annex No 1 to the statement of confidentiality for this Proceedings,
c. a document confirming that the person or persons signing the declaration on behalf of the Contractor were entitled to this action (e.g., a copy from the KRS, power of attorney).
14. A confidentiality statement may be:
a. electronically signed (in the original in electronic form with a qualified electronic signature within the meaning of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257 of 28.08.2014, hereinafter referred to as "qualified electronic signature") and returned in accordance with the rules set out in
in Chapter VIII of the Terms of Reference,
b. signed in writing. In the case of written form, the Contractor shall send a scan of the statement together with a confirmation of sending the original in accordance with the rules set out in Chapter VIII of the Terms of Reference. The original confidentiality statement should be sent to the address indicated in Chapter I of the Terms of Use with a note on the envelope: "Confidentiality statement regarding the procedure entitled: Preparation of design documentation for the task entitled: "Reconstruction of SRP Duszniki Dolina"
nr ZP/2023/10/0095/WRO”.
15. Upon receipt of a unilaterally signed statement from the Contractor, the
referred to in section 11 (scan sent by e-mail or document signed electronically), shall provide only to the persons indicated in § 7 section 1 point 2 of the statement, with the proviso that there may not be more than two (to e-mail addresses) passwords to the protected (encrypted) part of the documentation of the Procedure published on the Contracting Authority's website. In view of the above, it is recommended that the Contractor immediately
after the initiation of the Proceedings in question, proceeded with the process of obtaining
to the documentation of the Proceedings containing the information subject to protection. The Contracting Authority recommends the method described in section 14(a). above the form of the exchange of documents.
16. The Contracting Authority is entitled to exercise the right of option during the term of the Agreement,
To the extent described in the template of the Agreement (Annex No 1 to SWZ). The right of option is the power of the Contracting Authority, which it can, but does not have to exercise in the implementation of the Agreement. If the Ordering Party does not exercise the right of option, the Contractors shall not have any claim in this respect.
Depending on its needs, the Contracting Authority will be entitled to exercise, under the terms specified in the Model Agreement, the right of option to order the Contractor during the term of the Agreement, additional orders involving the fulfilment of copyright supervision.
A condition for the activation of the option right is for the Contracting Contractor to submit an application of an order of actions concerning the execution of the Order under the right of option.