The subject of the contract is the delivery of brand new 15 pieces of five-unit or comparable electric multiple units (EMUs) together with a repair and collision package for EMUs, training of the Ordering Party's employees in the field of EMU operation and maintenance of EMUs in the P1 – P3 maintenance level (basic order), with the option of delivery of further (the same type and model as the EMUs from the basic order) brand new up to 10 five-car units or comparable electric multiple units with EMUs servicing in the maintenance level P1 – P3 and with the option to perform up to 2 repairs in the maintenance level P4 of each of the electric multiple units delivered under the basic order and under the option.

1. The subject of the contract is the delivery of brand new 15 pieces of five-unit or comparable EMUs together with a repair and collision package for EMUs, training of the Ordering Party's employees in the field of EMU operation and servicing of EMUs in the P1 – P3 maintenance level within 18 years, counting from the delivery of a given EMU, or until a given EMUs reach a mileage for repair in the P5 maintenance level of 3 600 000 km, depending on what occurs first (basic order), with the option to supply further (the same type and model as the EMUs from the basic order) brand new up to 10 pieces of five-car or comparable electric multiple units with servicing of EMUs in the maintenance level P1 – P3 for a period of 18 years, counting from the delivery of a given EMU, or until the EMUs reach the mileage for repair at the maintenance level P5 of 3 600 000 km, whichever comes first and with an option to perform up to 2 repairs in maintenance level P4 of each of the electric multiple units delivered under the basic order and under the option, in connection with reaching the time or mileage for the repair of the EMUs at this maintenance level.

Comparable EMUs should be understood as EMUs that have a different number of elements than five, but meet all the technical parameters indicated in the Technical Requirements for Electric Multiple Units constituting Annexes No. 2 and No. 2.1 to the Draft provisions of the Agreement.

2. A detailed description, scope, requirements and manner of implementation of the subject of the contract is specified in the Specification of the Terms of the Order together with attachments.

3. In all provisions of the SWZ and its annexes, which refer to standards, technical assessments, technical specifications and technical reference systems, in accordance with Article 101(4) of the PPL, the Contracting Authority allows the use of solutions equivalent to the solutions described in the standards, technical assessments, technical specifications and technical reference systems indicated in the SWZ and annexes if they allow to obtain features or parameters not worse than those referred to in the SWZ and Annexes.

If equivalent solutions are applied, the Contractor shall prove in the tender, in particular by means of the evidence referred to in Articles 104-107 of the PPL, that the proposed solutions meet the requirements specified in the description of the subject of the contract to an equivalent degree.

4. The Contracting Authority requires that the Contractor performs the contract in the period from the date of conclusion of the contract until the end of the provision of maintenance services in the P1, P2, P3 maintenance level for the delivered EMUs covered by the basic contract and option (if the option is exercised), i.e. for a period of 18 years from the delivery of a given EMU, or until the given EMUs reach the repair mileage in the P5 maintenance level of 3 600 000 km, whichever comes first.

5. The Contracting Authority shall require the Contractor to provide:

1) the first vehicle from the basic order within 24 months from the date of conclusion of the contract, while the remaining vehicles from the basic order within 30 months from the date of conclusion of the contract.

2) vehicles from the contract covered by the option within 27 months from the date of notification to the Contractor by the Contracting Authority about the exercise of the option, in relation to a given vehicle, but not later than by 31.05.2026.

6. In the case of using the option to perform repairs in the P4 maintenance level of the delivered electric multiple units, the Contracting Authority shall require the repair to be carried out in the maintenance level P4 EMU, within no more than 50 days from the date of handing over the given EMUs for repair. The date of commencement of the repair of a given EMU, shall be specified by the Contracting Authority, indicating the appropriate day or period on which the repair of a given EMUs should begin.