1. The subject of the contract is the delivery of a brand new wheeled excavator, which will allow to increase efficiency due to the possibility of using equipment with better technical parameters and eliminate downtime related to failures and overhauls.

2. The Ordering Party will collect the object of delivery at the Ordering Party's premises, i.e. in the city of Wrocław (postal code: 51-171) at P.Czajkowskiego Street 11/13. The Contractor is obliged to deliver the object of the order to the specified place and to carry out trial tests at his own expense.

3. Detailed requirements and technical parameters of the subject of the contract are set out in the Technical Specification, which is Annex 2 to the SWZ.

1) The subject of the contract is the purchase with delivery of a brand new wheeled excavator to the headquarters of the Ordering Party.

2) Names and codes for the subject of the contract as defined in the Common Vocabulary of Public Procurement (CPV):

Main CPV code: 43261000-0 - mechanical excavators

3) The Ordering Party will collect the object of delivery at the premises of the Ordering Party, i.e. in the city of Wrocław (postal code: 51-171) at P.Czajkowskiego Street 11/13.

4) During receipt, the Ordering Party shall examine the technical condition of the subject of the contract and the conformity of the technical and performance parameters with the technical conditions specified in the SWZ and the annexes to the SWZ. As part of the acceptance, the Ordering Party reserves the right to carry out technical tests, the results of which will be included in the acceptance protocol.

5) Detailed requirements and technical parameters of the subject of the contract are specified in the Technical Specification, which is annex no. 2 to the SWZ and the model of the contract - annex 6 to the SWZ.

6. The procedure shall be carried out in accordance with the rules laid down for the so-called 'reverse procedure' referred to in Article 139 (1) and (3) to (4) of the PZP. In accordance with the provisions cited, the Contracting Authority shall first examine and evaluate the tenders, and then perform the subjective qualification of the Contractor whose tender has been the highest rated, in the absence of grounds for exclusion and compliance with the conditions for participation in the proceedings.

7. The Contracting Authority shall not reserve the possibility of applying for the award of the contract only by the Contractors referred to in Article 94 of the PZP.

8. The contracting authority does not require employment of persons referred to in Article 96 (2) (2) of the PZP.

9. The contracting authority does not provide for the possibility of awarding contracts referred to in Article 214 (1) (8) of the PZP.

10) In all places of the SWZ and annexes to the SWZ where an exemplary trade mark, patent, origin, source or specific process has been used or if the Contracting Authority has described the subject matter of the contract by reference to standards, European technical assessments, approvals, specifications technical and technical reference systems referred to in Article 101 (1) (2) and (3) of the PZP, and in any case, acting in accordance with Articles 99 (6) and 101 (4) of the PZP, the Contracting Authority shall allow solutions equivalent to those specified in the SWZ and in the Annexes to the SWZ, denoting such indications or references in the words “or equivalent” or “or equivalent” respectively (including the use of materials), provided that parameters are not inferior to those specified in the description of the subject matter of the contract. An equivalent solution is also acceptable if the word “equivalent” or “equivalent” is not included in the description of the subject matter of the contract.

11) Equivalence consists in the possibility of offering the subject of the order with no inferior technical parameters, configurations, normative requirements, etc. in the detailed description of the subject of the order, some dimensions characteristic for the manufacturer may be specified. The proper names of the manufacturers of materials and equipment given in the detailed description shall be understood as the preferred type in terms of defining minimum quality requirements. They are not binding and equivalent elements may be provided which have at least the same or better standards, technical parameters; qualitative, functional, will be identical thematically and of the same purpose and will not reduce the standards specified in the subject description of the contract.

12) For additional information, see Chapter 3 of the SWZ.