PROVISION OF SERVICES FOR THE PROTECTION OF PERSONS AND PROPERTY IN MILITARY COMPLEXES LOCATED AT UL. SZUBIŃSKA 2, UL. SZUBIŃSKA 32, UL. SZUBIŃSKA 105 AND UL. B. POTOCKIEGO 14W BYDGOSZCZ IMPLEMENTED W

1. The subject of the contract is: provision of personal and property protection services in military complexes located at 2 Szubińska Street, 32 Szubińska Street, 105 Szubińska Street and

14 Bronisława Potockiego Street in Bydgoszcz carried out in the form of direct physical protection by Specialist Armed Protection Formations (SUFO) by the Contractor holding a license to conduct business activity in the scope of protection of persons and property, in accordance with

with the Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2021, item 1995 with późn.zm.).

2. The description of the subject of the contract was determined in accordance with Commission Regulation (EC)

No. 213/2008 of 28 November 2007 amending Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV):

THE MAIN SUBJECT OF THE CONTRACT CPV – 79710000-1 - Detective and security services.

Additional order items CPV – 79715000-9 - Alarm surveillance services.

Additional items CPV – 79711000-1 - Patrol services.

3. The Ordering Party has not divided the subject of the contract into lots.

4. The services in question will be provided in the period from 11.01.2022 to 10.01.2024 in military complexes:

a) at 2 Szubińska Street in Bydgoszcz,

b) at 32 Szubińska Street in Bydgoszcz,

c) at Szubińska 105 in Bydgoszcz,

d) at Bronisława Potockiego 14 in Bydgoszcz,

to the extent and on the terms specified in detail in the SWZ and in accordance with applicable regulations, in particular on the basis of:

− Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2021, item 1995, as amended);

− Act of 5 August 2010 on the protection of classified information (Journal of Laws of 2023,

item 756);

− Regulation of the Minister of National Defence of 19 June 1999 on the protection by specialist armed protection formations of areas and organizational units of the Ministry of National Defence together with other executive acts in force in this respect (Journal of Laws of 1999, item 647);

− Decision No. 345 / MON of the Minister of National Defence of 27 August 2015 on the supervision of the protection of classified information in the Ministry of National Defence (D. Urz. of 2015, item No. 252) and other implementing acts in force in this respect;

− Decision No. 107 / MON of the Minister of National Defense of August 18, 2021 on the organization of international cooperation in the Ministry of National Defense (Journal of Laws of 2021, item 176);

− "Instruction on the protection of military facilities" Pc Gen. 1686/2017.

5. A detailed description of the subject of the contract is included in Annex 1 to the SWZ.

6. The Ordering Party reserves the right of option specified in Article 441(1) of the PPL. The scope, maximum value of the option and the circumstances of using the option have been indicated by the Ordering Party in the Description of the Subject of the Contract.

7. The option right referred to in paragraph 6 shall be exercised on the following principles:

1) the option right will be exercised under the same conditions as the basic order;

2) the unit prices of the services provided (settled in the man-hour system) under the option right will be the same as the amounts indicated in the offer form in the table for the option right.

3) The Ordering Party reserves that the part of the contract referred to as the "right of option" is an entitlement, not an obligation of the Ordering Party. The option may or may not be exercised, depending on the Ordering Party's needs and as a result of its instructions

in this respect. Failure to perform the contract in this respect shall not give rise to any claims on the part of the Contractor against the Contracting Entity.

8. 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.

9. The Contractor is obliged to ensure the protection of classified information obtained

during and after the proceedings, in the manner specified

in the provisions of the Act on the Protection of Classified Information.

10. The Contractor, before commencing the performance of the contract, undertakes to familiarize itself with the Industrial Safety Instruction developed by the Contracting Authority all personnel provided for the implementation of this contract in the scope of the procedure

with classified documentation on the territory of protected complexes. The instruction confirming the Contractor's obligation to comply with the arrangements contained therein shall be signed by all members of the Contractor's management body, in accordance with the provision of Article 2 point 14 of the Act

of 5 August 2010 on the protection of classified information (Journal of Laws of 2013, item 756).

In a situation where the management body of an entrepreneur is composed of many persons – the manager of the entrepreneur within the meaning of the Act is the entire body or a member or members of this body appointed at least by a resolution of the management board to perform the function of the entrepreneur's manager. The model Industrial Safety Instruction is attached as Annex 13

to SWZ.

11. The Contractor is obliged not later than by the date of signing the contract to draw up

and deliver the "Instructions for the protection of areas, facilities or equipment" for individual complexes, developed in accordance with § 43c section 1 point 11 of the Act of 22 August 1997

on the protection of persons and property (Journal of Laws of 2021, item 1995, as amended); and obtaining approval by the commanders of the protected organizational units.

12. The Contractor declares that it has read the scope of the subject of the contract and SWZ

together with all attachments and considers them sufficient for the implementation of the subject of the contract and does not submit any comments in this respect, and also states that there are no technical, legal or other obstacles, preventing or hindering the timely performance of the subject of the contract in accordance with the content of the contract.

13. The Contractor undertakes to perform the subject of the contract in a timely manner with due diligence, in accordance with the technical conditions, the principles of technical knowledge, and other detailed legal acts applicable in the scope covered by this contract.

14. Other conditions for the performance of the contract are specified in the draft provisions of the contract constituting Annex 3 to the SWZ.

15. All annexes form an integral part of the SWZ.

16. Pursuant to Article 257 of the PPL, the Contracting Authority provides for the possibility of cancelling the procedure in question if the public funds that the Contracting Authority intended to allocate to finance all or part of the contract have not been granted to it.