1. The subject of the Contract is the development of design documentation for the task entitled: Modernization of SRP Jeleniów near Kudowa (Dańczów).
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: Modernization of SRP Jeleniów near Kudowa (Dańczów).
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 undertaking and project, cost estimation,
-71248000-8 Design and documentation supervision,
-71320000-7 Design engineering services.
4. The Contracting Authority informs that trademarks, patents or origin, sources or a specific process that characterizes products or services provided by a specific contractor, used in the content of the Specifications and Annexes to the Specification, which are not accompanied by the words "or equivalent" together with an indication of the criteria used to assess equivalence, are only illustrative and serve to facilitate the preparation of tenders by Contractors.
5. Where the content of the Specifications and Annexes to the Specification contains a reference to 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 set out in the "Offer" Form (Annex 6 to the SWZ) that the proposed solutions meet the requirements specified in the description of the subject of the Order to an equivalent extent.
6. The Contractor is required to read and apply the recommendations under the Code of Conduct for Suppliers of the Transmission Gas Pipeline Operator GAZ-SYSTEM S.A. (Code of Conduct for Suppliers of the Transmission Gas Pipeline Operator GAZ-SYSTEM S.A. is available on the website Ordering Party: http://www.gaz-system.pl/przetargi/kodeks-postepowania-dla-dostawcow/).
7. The Contractor is obliged to read and use the "Manual of the Tenderer (Contractor/Supplier)", available in the Purchase Portal in the "Regulations and instructions" tab.
8. The Contracting Authority allows for the possibility of on-site inspection by the Contractors, no later than 3 days before the deadline for submitting tenders. In such a situation, the Contractor is obliged, at least 2 days before the proposed date of the on-site inspection, 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 referred to as the "Act on the provision of electronic services") to the Contracting Authority with a request to set the date (day and time) of the on-site inspection, subject to reservation, that the on-site inspection 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 all additional information that may be necessary for the preparation of the offer and the conclusion of the contract and performance of the Order. The on-site inspection is not a meeting of the Contractors referred to in Article 136 of the Act; therefore, during the on-site inspection, the Contracting Authority will not accept questions to clarify the content of the SWZ, nor will it answer the Contractors' questions. The costs of participation in the on-site inspection at the facility covered by the subject of the Order shall be borne by the Contractor.
9. The design documentation shall not indicate the trade marks, patents or origin, sources or specific process which characterise the products or services supplied by a particular economic operator where this could lead to the favouring or elimination of certain economic operators or products, unless this is justified by the specificity of the subject-matter of the contract and the designer cannot describe the subject of the contract by means of sufficiently precise terms, such indication must then be accompanied by the words 'or equivalent' and the conditions for this equivalence must be described (indication of the characteristic parameters required to meet equivalence).
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. signed electronically (in original electronic form bearing 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 in relation to transactions electronic on the internal market and repealing Directive 1999/93/EC (OJ EU L 257 of 28.08.2014, hereinafter 'qualified electronic signature') and referred under Chapter VIII of the SWZ,
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: "Declaration of confidentiality regarding the procedure entitled: Development of design documentation for the task entitled: Modernization of SRP Jeleniów near Kudowa (Dańczów) No. ZP/2023/10/0094/WRO".
15. After receiving from the Contractor a unilaterally signed statement referred to in paragraph 11 (scan sent by e-mail or a document signed electronically), the Ordering Party shall provide only the persons indicated in § 7 section 1 point 2 with a statement, with the proviso that there may be no more than two (to e-mail addresses) passwords to the protected (encrypted) part of the Procedure documentation published on the Ordering Party's website. Therefore, it is recommended that the Contractor immediately after the initiation of the proceedings in question proceeds to the process of gaining access to the documentation of the Proceeding containing protected information. The Ordering Party recommends the one described in paragraph 14 letter a. above is the form of 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.