The subject of the contract is the maintenance of low greenery in non-park areas administered by TZUK in 2023.
The subject of the contract is the maintenance of low greenery in non-park areas administered by TZUK in 2023.
The material scope of the subject of the contract includes m.in.:
- lawn mowing,
- mowing brush,
- mowing overgrown, neglected, heavily polluted areas,
- raking and removal of leaves,
- maintenance and care of older shrubs (single and in groups),
- removal of bushes,
- maintenance and care of hedges.
A detailed description of the subject of the contract and the requirements of the contracting authority regarding the subject of the contract are set out in:
a) Annex 2 to the SWZ - Description of the subject of the contract,
b) Annex 3 to the SWZ - Cost estimate containing a list and quantities of works related to the implementation of material scope under the basic and optional contract,
c) Annex 4 to the SWZ - List of areas - urban areas,
d) Annex 5 to the SWZ - Draft provisions of the agreement.
The contracting authority requires the contractor or subcontractor to employ on the basis of an employment relationship persons performing all activities in the field of contract performance indicated in the description of the subject of the contract, i.e.:
1) lawn mowing;
2) mowing brush;
3) mowing overgrown, neglected, heavily polluted areas;
4. raking and export of leaves;
5) maintenance and care of older shrubs (single and in groups);
6) removal of bushes;
7) maintenance and care of hedges,
However, the person performing managerial activities under the subject of the contract does not have to be employed by the contractor or subcontractor on the basis of an employment relationship.
The method of verifying the employment of these persons and the contracting authority's rights to control the contractor's compliance with the requirements related to employing these persons, as well as sanctions for failure to meet these requirements, are specified in the draft provisions of the contract.
A contractor who relies on equivalent solutions is obliged to demonstrate that the solution offered by it meets the requirements specified by the contracting authority. In this case, the contractor attaches to the tender documents confirming the equivalence of the solutions offered. The burden of proving equivalence shall lie with the economic operator. The contractor demonstrates equivalence by any (reliable) means. Failure to demonstrate equivalence shall result in the tender being rejected as not complying with the terms of the contract.
Justification for applying the procedure referred to in Article 138(2)(2) of the Public Procurement Law.
On 04.01.2023, the procedure no. DO.261.27.2022 conducted in the open tender procedure entitled: "Maintenance of low greenery in the city of Tychy in 2023 - Tasks No. 1-5" in the scope of Task No. 2: "Maintenance of low greenery in non-park areas administered by TZUK" was invalidated in accordance with Article 255 point 3) of the PPL Act (the offer significantly exceeded the amount that the contracting authority intended to spend on financing the contract and could not be increased to the price the most advantageous offer). As a result, another procedure No. DO.261.1.2023 was initiated, also conducted in the open tender procedure entitled: "Maintenance of low greenery in the city of Tychy in 2023 – Task No. 1-3" in the scope of Task No. 2: "Maintenance of low greenery in non-park areas administered by TZUK" - on 17.03.2023 it was invalidated, this time on the basis of Article 255 point 2) of the PPL Act (the contracting authority cancels the procurement procedure, if all tenders submitted (...) were subject to rejection). Referring to the actions previously taken by the contracting authority, including above all exercising due diligence proving primarily the initiation of the first of the proceedings with a significant time reserve, i.e. on 02.12.2022, it is forced to apply in the third procedure the so-called shortened deadline for submitting tenders due to the need to start work covered by this procedure at the beginning of May 2023.