Performing the service of physical protection of persons and property provided by the Specialized Armed Protection Formation (SUFO) in the field of protection of persons and property and escorting monetary values - No. 57/23 / O
The
subject of the contract includes 3 parts (tasks):
Task No. 1 - provision of services by the Specialist Armed Protection Formation (SUFO) in the field of protection of persons and property in complexes being supplied in terms of protection in the 41st BLSz in Dęblin and escorting monetary values:
1) Direct physical protection of the complex:
1.1 Dęblin Airport (41. BLSz);
2) Convoying monetary values 41. BLSz.
Task No. 2 - provision of services by the Specialized Armed Protection Formation (SUFO) in the field of protection of persons and property in complexes that are on the supply in terms of protection in the 41st BLSz in Dęblin:
1) Direct physical protection of the complex:
1.1 Dęblin Fortress 1bdm.
Task No. 3 - provision of services by the Specialist Armed Protective Formation (SUFO) in the field of protection of persons and property in complexes that are supplied in terms of protection of the 41st BLSz in Dęblin.
1) Direct physical protection of the complex:
1.1 Klikawa 131krt;
2) Protection and monitoring of facilities:
2.1 Military Recruitment Center (WCR) in Puławy.
A detailed description of the subject of the contract is included in Annex 2 to the Tender Specifications, hereinafter referred to as SWZ and the draft provisions of the public procurement contract, which will be introduced into the public procurement contract for individual tasks – Annexes 14a, 14b, 14c to the SWZ, which will be posted on the website of the proceedings: https://portal.smartpzp.pl/41blsz (page concerning this procedure) from the date of publication contract notices in the Official Journal of the European Union for at least the date of award of the contract.
Applications/partial tenders divided into 3 lots (tasks) are permitted.
The full offer for a given part (task) must contain all assortment items within a given part (task).
The contractor may submit an application/tender for one or two or three lots (tasks).
The contractor may submit a request/tender for all lots of the contract.
Requirements for employment under a contract of employment:
8.1. Acting in accordance with Article 95(1) of the Act, the Contracting Authority requires employment on the basis of an employment relationship throughout the entire period of performance of the subject of the contract by the Contractor or Subcontractor persons performing the following activities during the performance of the contract, the performance of which consists in performing work in the manner specified in Article 22 § 1 of the Act of 26 June 1974 – Labour Code:
For task No. 1
a) direct physical protection of persons and property performed by security personnel at permanent, mobile posts and patrols,
b) service of the pass office,
c) tasks of the SUFO security commander performed by security personnel,
d) guards.
For task 2
a) direct physical protection of persons and property performed by security personnel at permanent, mobile and patrol posts,
b) service of the pass office,
(c) the tasks of the SUFO security commander to be performed by security personnel.
For task 3
a) direct physical protection of persons and property performed by security personnel at permanent, mobile and patrol posts,
b) intervention group,
(c) the tasks of the SUFO security commander to be performed by security personnel,
8.2. The Contractor or subcontractor is obliged to employ on the basis of an employment relationship during the period of implementation of the subject of the contract persons performing activities consisting in:
For task No. 1
a) direct physical protection of persons and property performed by security personnel at permanent, mobile and patrol posts,
b) service of the pass office,
c) tasks of the SUFO security commander performed by security personnel,
d) guards.
For task 2
a) direct physical protection of persons and property performed by security personnel at permanent, mobile and patrol posts,
b) service of the pass office,
(c) the tasks of the SUFO security commander to be performed by security personnel.
For task 3
a) direct physical protection of persons and property performed by security personnel at permanent, mobile and patrol posts,
b) intervention group,
c) tasks of the SUFO security commander performed by security personnel,
All persons who will participate in the performance of the task of protection of facilities 41. BLSz, 1bdm, 131krt, WCR Puławy, The Contractor or Subcontractor is obliged to employ under employment contracts, the Contracting Authority leaves the size of the FTE to the Contractor.
The Contracting Authority does not allow the provision of security services by persons employed under civil law contracts and it is not possible to employ security staff on the basis of a civil law contract to the extent exceeding the working time norms. According to the labor law, employment in excess of the norms of working time of a given employee with the same employer for the same activities is overtime.
Method of verification of employment under an employment contract and sanctions for the Contractor:
8.3. During the performance of the contract, the contracting authority is entitled to perform control activities towards the contractor regarding the contractor's or subcontractor's compliance with the requirement of employment under an employment contract of persons performing the activities indicated in point 8.1. The contracting authority is entitled to:
1) request statements and documents in the scope of confirming compliance with the above-mentioned requirements and assessing them;
2) request clarification in case of doubts regarding the confirmation of compliance with the above-mentioned requirements;
3) carry out on-site inspections.
8.4. During the performance of the contract, the contractor shall provide the contracting authority:
1) on the day of signing the contract – copies of employment contracts of persons performing
certified as being in conformity with the original, respectively by the Contractor or the Subcontractor,During the execution of the order, the activities referred to in point 8.1. Copies of contracts should be anonymized in a way that ensures the protection of employees' personal data, in accordance with the provisions of the GDPR, the Act of 10 May 2018. on the protection of personal data (i.e. in particular without addresses, PESEL number of employees). The first name
and the employee's last name are not subject to anonymization. Information such as the date of conclusion of the contract, the type of employment contract and the length of the post should be identifiable;
2) 2 days before the person takes up service - in the case of personal changes during the performance of the contract - certified as true copies of employment contracts of persons performing the activities referred to in point 8.1 during the performance of the contract, respectively by the Contractor or Subcontractor. A copy of the contract should be anonymized in a way that ensures the protection of employees' personal data, in accordance with the provisions of the GDPR, the Act of 10 May 2018 on the protection of personal data, i.e. in particular without addresses, PESEL number of employees). The employee's name and surname are not subject to anonymization. Information such as the date of conclusion of the contract, the type of employment contract and the length of the post should be identifiable;
3) at each request of the contracting authority within the time limit specified in this request, the contractor shall submit to the contracting authority selected by the contracting authority from the following evidence in order to confirm compliance with the requirement of employment under an employment contract by the contractor or subcontractor of persons performing the activities indicated in point 8.1 during the performance of the contract:
- certificate of the competent ZUS branch, confirming the payment by the contractor or subcontractor of social and health insurance contributions for employment under employment contracts for the last settlement period;
- a copy of the proof confirming the employee's registration for insurance by the employer, certified as a true copy by the contractor or subcontractor, respectively, anonymized in a manner ensuring the protection of employees' personal data, in accordance with the provisions of the GDPR and the Act of 10 May 2018
on the protection of personal data. The employee's name and surname are not subject to anonymization.
- statement of the employed employee or employer's statement, containing information, including personal data, necessary to verify employment under an employment contract, in particular the name and surname of the employed employee, the date of conclusion of the employment contract, the type of employment contract and the scope of the employee's duties
- other documents containing information, including personal data, necessary to verify employment under an employment contract, in particular the name and surname of the employed employee, the date of conclusion of the employment contract, the type of employment contract and the scope of the employee's duties.
8.5. Due to the failure of the contractor or subcontractor to meet the requirement to employ persons performing the activities specified in point 8.1 under an employment contract, the contracting authority provides for a sanction in the form of an obligation for the contractor to pay a contractual penalty in the amount of PLN 4,000.00 for each identified case.
Failure by the Contractor to submit the requested evidence within the time limit set by the Contracting entity to confirm that the Contractor or Subcontractor meets the requirement of employment under an employment contract shall be treated as failure by the Contractor or Subcontractor to meet the requirement to employ persons performing the activities indicated in point 8.1 under an employment contract.
9. Subcontractors.
1) Pursuant to Article 121 of the PPL, the Contracting Authority does not reserve the obligation for the contractor to personally perform key tasks related to the contract.
2) Pursuant to Article 462(1) of the PPL, the Contractor may entrust the performance of part of the contract to a subcontractor. In such a case, pursuant to Article 462(2) of the PPL, the contracting authority requests the contractor to indicate, in the bid (in the offer form - Annex 1 to the SWZ), the part of the contract which it intends to entrust to subcontractors, and the names of any subcontractors, if they are already known.
3) If the change or resignation from the subcontractor concerns an entity on whose resources the contractor relied, in accordance with the principles set out in Article 118(1) of the PPL, in order to demonstrate compliance with the conditions for participation in the procedure, the contractor is obliged to demonstrate compliance with the conditions for participation in the procedure, the contractor is obliged to demonstrate to the contracting authority that the proposed other subcontractor or contractor independently meets them to a degree no less than the subcontractor whose resources the contractor relied on during the procurement procedure. The provision of Article 122 of the PPL shall apply mutatis mutandis.
4) Pursuant to Article 462(3) of the PPL, the Contracting Authority requests that before proceeding with the performance of the contract, the Contractor provides names, contact details and representatives, subcontractors involved in the performance of the service, if they are already known. The Contractor shall notify the Contracting Authority of any changes to the information referred to in the first sentence during the performance of the contract and shall provide the required information on new subcontractors to whom it subsequently intends to entrust the performance of services.
5) Pursuant to Article 122 of the PPL Act, if the technical or professional abilities, economic or financial situation of the entity providing resources do not confirm that the Contractor meets the conditions for participation in the procedure or there are grounds for exclusion against this entity, the Contracting Authority requires that the Contractor replace this entity with another entity or entities within the time limit specified by the Contracting Authority or demonstrate that it meets the conditions for participation in the procedure on its own.
6) Pursuant to Article 123 of the PPL Act, the Contractor may not, after the deadline for submitting requests to participate in the procedure, rely on the capacities or situation of entities providing resources if at the stage of submitting requests to participate in the procedure it did not rely
to the extent concerned, on the capacities or situations of the providers of resources.
7) Pursuant to Article 463 of the PPL Act, a subcontract may not contain provisions shaping the rights and obligations of the Subcontractor, in terms of contractual penalties and provisions regarding the terms of payment of remuneration, in a manner less favorable to it than the rights and obligations of the Contractor, shaped by the provisions of the contract concluded between the Contracting Authority and the Contractor
8) Outsourcing the performance of a part of the contract to subcontractors does not change the Contractor's obligations towards the Contracting Authority for the performance of this part of the contract. The Contractor is liable for the acts, omissions and omissions of subcontractors to the same extent as if they were the acts, omissions or negligence of the Contractor.
9) In order for the Contractor to conclude a contract with a subcontractor, as well as amendments to these contracts, the written consent of the Contracting Authority is required each time.
10) If the Contracting Authority within 14 days of the Contractor's presentation of the contract with the subcontractor or its design, together with part of the documentation regarding the performance of tasks specified in the contract or draft contract, does not raise objections or objections in writing, it shall be deemed that it has consented to the conclusion of the contract.
11) The agreements referred to in points 9 and 10 should be concluded in writing under pain of nullity.
12) Together with the invoice for the services rendered, the Contractor shall submit a document confirming the settlement of the work performed with the Subcontractor together with the Subcontractor's statement confirming the lack of financial claims against the Contracting Authority for a specific size of tasks performed by the Subcontractor.
13) The Contractor may not release itself from liability towards the Contracting Authority on the grounds that the non-performance or improper performance of the contract by the Contractor was a consequence of non-performance or improper performance of obligations towards the Contractor by its cooperators, subcontractors and subcontractors.
14) Pursuant to Article 406 of the PPL, the Contracting Authority obliges the Contractor to inform Subcontractors about their obligation to protect classified information obtained during the procurement procedure in the fields of defence and security.
15) Pursuant to Article 407 of the PPL Act, the Contracting Authority specifies the requirements related to the performance of the contract, necessary to ensure the security of this information.
To this end, the contracting authority:
1) requests that the bid be submitted:
a) an undertaking by the Contractor and already known subcontractors to protect classified information in their possession or with which they become aware during and after the performance of the contract completion,
b) the Contractor's obligation to obtain from other Subcontractors to whom it will entrust subcontracting during the performance of the contract, obligations,
referred to in letter a, and to submit them to the contracting authority before the conclusion of the subcontract,
(c) information concerning subcontractors already known, including their names and places of residence or their registered office and data which enable the contracting authority to determine that each of them has the qualifications required to protect classified information to which they have access or which will be produced in connection with the performance of the subcontract,
(d) require the contractor to provide the information referred to in point (c) concerning new subcontractors prior to the conclusion of the subcontract;
2) has the right to verify or remove the contractor's employees who are to participate in the performance of the contract, both at the stage of conducting the procedure
for the award of the contract, as well as at the stage of performance of the public contract in the fields of defence and security, if protection so requires the essential interests of state security or it is necessary to increase the security of the contracts being carried out.
16) Pursuant to Article 427 of the PPL, the Contracting Authority, during the procurement procedure in the fields of defence and security or
during the performance of a public procurement contract in the fields of defence and security, may refuse to consent to the conclusion of
contracts with the Subcontractor proposed by the Contractor in the event of grounds for exclusion or failure by the Subcontractor to meet the conditions for participation in the procedure provided for the Contractor. The Contracting Authority shall notify the Contractor of the reasons for refusing to consent to the conclusion of a contract with a subcontractor, indicating the conditions for participation in the procedure that the proposed subcontractor does not meet, or the grounds for exclusion that apply to the subcontractor. During the performance of a public procurement contract in the fields of defence and security, the contracting authority, in the event of the subcontractor's loss of credibility necessary to exclude a threat to state security, obliges the contractor, within a specified period, to change the subcontractor or to perform this part of the contract itself. If the exclusion or change of subcontractor concerns the entity on whose resources the contractor referred, the contracting authority shall request that the Contractor demonstrate within the time limit specified by the contracting authority that the proposed other Subcontractor or contractor independently meets them to a degree not less than the subcontractor whose resources the Contractor referred to during the procurement procedure.
Pursuant to Article 409 of the PPL, the Contracting Authority specifies the requirements related to the performance of the subcontract concerning (points 17-19):
17) The Contracting Authority requires indication in the offer of the part of the contract whose performance will be entrusted to Subcontractors and the names of subcontractors together with the subject of subcontracts for which they are proposed – because the Contractor is not obliged by the Contracting Authority to select Subcontractors in accordance with the procedure specified in Articles 423–430 of the PPL;
18) The Ordering Party requires immediate notification of any changes regarding Subcontractors that occur during the performance of the contract.
19) Entrusting the performance of part of the contract to Subcontractors does not release the Contractor from responsibility for the performance of the contract in the fields of defense and security.
20) A subcontractor who will participate in the performance of the contract should demonstrate possession of: a valid license issued by the Ministry of the Interior and Administration or the Ministry of the Interior for conducting business activity in the field of personal and property protection services carried out in the form of direct physical protection – pursuant to Article 18.1 of the Act of 22.08.1997 on protection persons and property (Journal of Laws of 2021, item 1995).
Employees of the Subcontractor should have:
- valid authorization of the head of the organizational unit to access classified information classified as "RESTRICTED" or a valid security clearance authorizing access to classified information classified as "RESTRICTED" or higher;
- a valid certificate of training in the protection of classified information.
The contractor's employees must meet the same requirements as the contractor's employees.
The Contracting Authority shall not accept the Contractor's contract with the Subcontractor - if the Contractor does not present to the contracting authority the documents referred to above confirming the possession of authorizations to conduct a specific business or professional activity and documents concerning the Subcontractor's employees, confirming their possession of the required qualifications and appropriate professional qualifications necessary for performance of the contract in accordance with
with the requirements contained in Part V of the SWZ points 2.3.3, 2.3.4., 2.3.5 (conditions for participation in the proceedings) and § 10 sections 11,12,14 of the general terms and conditions of the contract for task No. 1; § 10 clauses 13, 14, 16 of the general terms and conditions for task no. 2; § 10 clauses 13, 14, 16 of the general terms and conditions for task no. 3;
If the Subcontractor is indicated in the offer – the contractor is to present the documents specified above on the day of signing the contract with the Contracting Authority.
10. Pursuant to Article 404(1) of the Act of 11 September 2019 - Public Procurement Law (Journal of Laws of 2023, item 1605, as amended), Contractors having their registered office or place of residence in one of the Member States of the European Union, the European Economic Area or a country may apply for the award of this contract in the fields of defence and security, with which the European Union or the Republic of Poland has concluded an international agreement relating to those procurements.
11. The contracting authority provides for amendments to the contract under Article 455(1) of the PPL. Description of the envisaged changes: is contained in the annexes to the SWZ – draft provisions of the public procurement contract that will be introduced into the public procurement contract for individual tasks – respectively Annexes No. 14a, 14b, 14c to the SWZ.
2. Other specific conditions to which the performance of the contract is subject, in particular in the field of security of supply and information security:
2.1. Pursuant to Article 404(1) of the PPL, contractors established or resident in one of the Member States of the European Union, the European Economic Area or a country with which the European Union or the Republic of Poland has concluded an international agreement regarding such contracts may apply for the award of a contract in the fields of defence and security.
2.2. The Contractor must agree to the provision of physical security services in the facilities subject to the proceedings by SUFO after the mobilization has been announced, martial law or during the war on the terms and in the manner specified in the Regulation of the Council of Ministers of 28 April 2022 on militarization (Journal of Laws of 2022, item 1198).
3. Pursuant to Article 405(4) of the PPL, the contractor shall attach to the application for admission to participate in the proceedings the statement referred to in Article 125(1) of the PPL and subjective evidence.
4. Pursuant to Article 405(5) of the PPL:
5. The statement referred to in Article 125(1) of the PPL and the subjective means of proof confirm the absence of grounds for exclusion, meeting the conditions for participation in the proceedings no later than on the date of submission of applications to participate in the proceedings.
6. The contractor is obliged to demonstrate, respectively, no later than on the date of submission of requests to participate in the proceedings, compliance with the conditions referred to in Chapter V of the SWZ, and the absence of grounds for exclusion due to non-compliance with the conditions referred to in Chapter VI SWZ
The Contractor offers to perform the subject of the contract within the following deadline:
Basic order
task no. 1
- Direct physical protection of the complex Dęblin Airport – 41. BLSz
The service will be provided in the period: from 3.00 p.m. on 03.01.2024 to 3.00 p.m. on 31.12.2024.
(12 months from the date of signing the contract – but no longer than until 3.00 p.m. on 31.12.2024 – a strictly defined deadline for the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settling accounts with the Contractor by means of an hourly rate)
ad hoc posts Dęblin Airport
- The service will be provided in the period: from 15.00 on 03.01.2024 to 15.00 on 31.12.2024 or until the amount provided for ad hoc posts in the contract is exhausted.
(12 months from the date of signing the contract – but no longer than until 15.00 on 31.12.2024 – a strictly defined deadline for the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settlement with the Contractor using an hourly rate)
- Convoying monetary values
The service will be provided in the period: 03.01.2024 to 31.12.2024 or until the amount provided for escorting monetary values in the contract is exhausted earlier.
(12 months from the date of signing the contract – but no longer than until 15.00 on 31.12.2024 – a strictly defined deadline for the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settling accounts with the Contractor using an hourly rate)
task No. 2
- Direct physical protection of the complex: Dęblin Twierdza – 1bdm
The service will be provided in the period: from 15.00 on 03.01.2024 to 15.00 on 31.12.2024
(12 months from the date of signing the contract – but no longer than until 15.00 on 31.12.2024 – a strictly defined deadline for the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settlement with the Contractor using an hourly rate)
task no. 3
- Direct physical protection of the complex: Klikawa – 131 krt, WCR Puławy; monitoring of WCR Puławy;
The service will be provided in the period: from 15.00 on 03.01.2024 to 15.00 on 31.12.2024
(12 months from the date of signing the contract – but no longer than until 15.00 on 31.12.2024 – a strictly defined deadline for the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settlement with the Contractor using an hourly rate)
- ad hoc posts WCR Puławy
The service will be provided in the period: from 15.00 on 03.01.2024 to 15.00 on 31.12.2024 or until the amount provided for ad hoc posts in the contract is exhausted earlier.
(12 months from the date of signing the contract – but no longer than until 15.00 on 31.12.2024 – a strictly defined deadline for the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settling accounts with the Contractor using an hourly rate)
Order under the right of option
task no. 1
- Direct physical protection of the Dęblin Airport complex – 41. BLSz
The service will be provided in the period: from 15.00 on 31.12.2024 to 28.02.2025
- Escorting monetary values
The service will be carried out in the period: 03.01.2024 to 28.02.2025 or until the amount provided for escorting monetary values in the contract is exhausted earlier.
task no. 2
- Direct physical protection of the complex: Dęblin Fortress – 1bdm
The service will be provided in the period: from 15.00 on 31.12.2024 to 28.02.2025
task no. 3
- Direct physical protection of the complex: Klikawa – 131 krt, WCR Puławy; monitoring of WCR Puławy;
The service will be provided in the period: from 15.00 on 31.12.2024 to 28.02.2025.
The above dates of commencement of the service may be postponed – in a situation where for reasons beyond the control of the contracting authority (e.g. prolonged tender procedure, appeal proceedings) – it is not possible to conclude contracts
with contractors selected in this procedure in accordance with the provisions of the Public Procurement Law - within the deadlines originally assumed by the contracting authority.
In this case, the contractor's remuneration specified in the offer form – Annex 1 to the SWZ will be reduced proportionately. The contract will be concluded for the amount resulting from the number of hours and days that will be performed by the contractor from the moment of conclusion of the contract until its scheduled completion, i.e. until 31.12.2024 at 15:00 (for the basic contract) or until 28.02.2025 (for the contract under the option right). The Contractor will not be entitled to any claims in this respect. Payment will be made for the service actually provided (number of days, hours of protection, number of convoys).