The subject of the contract includes the maintenance of green areas in the Wola District m.st Warsaw, i.e. street greenery.
(1) A detailed description of the subject of the contract, the scope of the work and the manner and requirements for the performance of the services covered by the contract shall specify:
a) the proposed provisions of the agreement, hereinafter also referred to as the model contract, which constitute Annex No. 6 to the SWZ together with Annexes No. 2-3, entitled:
- a list of sites,
- the manner in which the work was carried out,
b) price form – Annex 11 to SWZ.
2) The contracting authority in the proceedings in question applies the social clause pursuant to Article 95 of the PPL. The contracting authority requires that persons performing the subject of the contract and performing activities related to gardening works and development of green areas be employed by the Contractor or Subcontractor, on the basis of an employment relationship, in accordance with the Act of 26 June 1974. Labour Code (i.e. Journal of Laws of 2022, item 1510, as amended). Detailed requirements regarding the method of documenting and verifying the employment of these persons and the rights of the Contracting Authority in the scope of control of this employment and sanctions for failure to meet these requirements are included in the model contract, constituting Annex 6 to the SWZ.
3) Information on the division/non-division of the contract into lots.
The contracting authority divided the contract related to the maintenance of green areas in the Wola District into parts, each of which is the subject of a separate procedure. The present proceedings concern one of the abovementioned parts of the contract.
4) Pursuant to § 3 clause 6 of the model contract, the Contractor is obliged to have a civil liability policy for the conducted activity for the sum insured not less than PLN 300,000.00 (in words: three hundred thousand zlotys 00/100), throughout the duration of the contract.
5) The Contracting Authority informs that it intends to allocate a gross amount of PLN 1,914,928.85 to finance the awarded contract.
(6) The contracting authority does not provide for the possibility of awarding contracts pursuant to Article 214(1)(7) of the PPL.
7) Subcontractors: all information regarding subcontracting has been included by the Contracting Authority in the model contract constituting Annex 6 to the SWZ. The Contracting Authority requires that the Contractor in the statement - the Single European Procurement Document (ESPD) indicates to the Contracting Authority whether it will perform the contract on its own or whether it intends to entrust the Subcontractors with the performance of part of the contract.
8) In these proceedings, the Contracting Authority provides for the application of the procedure referred to in Article 139(1) of the PPL. Pursuant to the said provision, the Contracting Authority shall first examine and evaluate the bids, and then shall select the Contractor whose bid was rated the highest in terms of the lack of grounds for exclusion and meeting the conditions for participation in the procedure.