2.1. This Procedure is a procedure for the award of a public contract, the value of which exceeds EUR 443,000.00, on which the obligation to apply the Act of 29.1.2004 Public Procurement Law depends (Journal of Laws of 2017, item 1579, from as amended), hereinafter referred to as the "Act".

2.2. The contract to be awarded as a result of these proceedings is a sectoral contract within the meaning of Art. 2 item 14 of the Act.

3.1. The subject of the contract consists of:

3.1.1. maintenance and servicing of the electric catenary network,

3.1.2. maintenance and servicing of medium voltage power network and low voltage electrical installation in Bocznica Kolejowa Warszawa - Wola, ul. Need 54.

3.2. A detailed description of the subject of the contract is included in Annex 2 to the ToR.

3.1. The subject of the contract consists of 2 tasks:

3.1.1. Task No. 1 - maintenance and servicing of the electric catenary network,

3.1.2. Task No. 2 - maintenance and servicing of medium voltage power network and low voltage electrical installation in Bocznica Kolejowa Warszawa - Wola, ul. Need 54.

3.2. A detailed description of the subject of the contract is included in Annex 2 to the ToR.

3.3. Common Procurement Vocabulary (CPV):

50220000-3 repair and maintenance services and similar rail related services.

50700000-2 services for the repair and maintenance of building installations.

3.4. The Employer organizes a local visit in order to familiarize Contractors with the subject of the contract. The meeting will take place on 25.10.2018 at 11:00 am. Meeting of participants at the entrance gate of the Warsaw-Szczesliwice technical and parking station, 02-448 Warsaw, ul. 54 needed (hereinafter: "SKM Railway Siding"). Please take helmets and warning vests with you to the meeting. Willingness to participate in the vision should be notified by email to Mr. Damian Dębski to the email address: d.debski@skm.warszawa.pl within 3 (three) days - before the day of the local vision of the SKM Railway Siding area.

3.5. The Employer requires employment on the basis of an employment contract within the meaning of the Act of 26.6.1974 - Labor Code (Journal of Laws of 2018, item 917

As amended) by the Contractor or Subcontractor of all persons performing activities (services) of the operation of power equipment, installations and power networks during the implementation of the Object of the Contract, except for persons with building qualifications specified in separate regulations.

3.6. The following principles of verification by the Employer of the condition referred to in point 3.5 of the ToR are established:

1. At the offer submission stage - documentation that persons performing the activities specified in point 3.54 of the Terms of Reference will be employed under an employment contract, will consist in submitting a statement in the content of the offer. The template of the Offer Form is Annex 1 to the ToR. (in accordance with Annex 1 to the ToR),

2. At the latest within 30 (thirty) days after the conclusion of the contract, the Contractor shall be obliged to present to the Ordering Party - in writing - a declaration on the manner of employment and the number of persons performing the activities referred to in point 3.5 of the ToR.

3.7. During the implementation of the Object of the Order, the Employer shall be entitled to perform control activities against the Contractor regarding compliance by the Contractor or Subcontractor with the employment requirement under the employment contract of persons performing the activities indicated in point 3.5 of the ToR. The awarding entity will be entitled in particular to:

1. requests for declarations and documents (including employment contracts, including anonymisation of personal data) regarding confirmation of compliance with the abovementioned requirements and assessing them,

2. demand explanations in case of doubts as to confirmation of compliance with the abovementioned requirements

3. carry out on-site inspections.

3.8. The subject of the Order should be made to the extent and taking into account all conditions resulting from the Description of the Object of the Order (Annex No. 2 to the ToR) together with attachments and in the model contract (Annex No. 3 to the ToR), which are an integral part of this ToR.