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 order is sectoral art. 2 item 14 of the Act.
1. The subject of the order is:
a. performance of 4 technical servicing of level P3 of 19WE type electric multiple units (hereinafter referred to as EZT or Vehicles), with serial numbers 01, 02, 03, 04, according to the documentation of the EZT 19WE Maintenance System approved by the President of UTK on October 2, 2015 together with the changes, hereinafter "DSU", introduced by the Resolution of the Management Board No. 194/2015 of the company Szybka Kolej Miejska Sp. z o. o. of October 6, 2015, constituting Annex No. 1 to the SOPZ,
b. the performance of works that go beyond the scope of P3 service specified in the DSU, was provided for in Annex 2 to the SOPZ.
1. The subject of the order is:
a. performance of 4 technical servicing of level P3 of 19WE type electric multiple units (hereinafter referred to as EZT or Vehicles), with serial numbers 01, 02, 03, 04, according to the documentation of the EZT 19WE Maintenance System approved by the President of UTK on October 2, 2015 together with the changes, hereinafter "DSU", introduced by the Resolution of the Management Board No. 194/2015 of the company Szybka Kolej Miejska Sp. z o. o., dated 6.1.2015, constituting Annex 1 to the SOPZ;
b. the performance of works that go beyond the scope of P3 service specified in the DSU has been provided for in Annex 2 to the SOPZ;
c. in addition, as part of the subject of the contract, the Contractor is required, among others, to perform all legalization, disassembly and assembly of devices (supervised, related to safety) and to keep or renew their marking;
3.6. The contractor undertakes that persons employed directly in the implementation of the subject of the contract, i.e. those performing operations consisting of geometrical measurements of wheel sets, checking the parameters of current collectors, checking the operation of the ABP system, replacing monoblock wheels, replacing brake discs and when working on improving monitoring, will during the term of the contract, employed under an employment contract within the meaning of the Act of 26.6.1974 - Labor Code.
3.7. At the request of the Employer, within 3 (three) days, the Contractor shall provide evidence of employment based on the provisions of the labor law of persons for whom the Employer has formulated such a requirement, i.e. copies of anonymous employment contracts concluded with the persons referred to in point 3.6. above.
3.8. Failure to submit evidence will be treated as not respecting the obligation referred to in point 3.6. above. For effective verification of the obligation set out in the previous sentence, the Employer may obtain such personal data of employees as: name and surname, date of conclusion of the contract, type of employment contract and full-time employment. Adoption of the above solution will ensure real and effective control of compliance with the employment requirement by the Contractor under the employment contract of persons performing the activities indicated by the Employer.
3.9. If a statement by the Contractor that he has fulfilled the obligations set out in point 3.6. above, it will not be possible on the basis of anonymised copies of employment contracts, the Employer will be able to request supplementary documents, i.e. confirmation of payment of social and health insurance contributions due to employment under an employment contract together with information on the number of contributions paid (e.g. certificate from the competent ZUS branch) or anonymous evidence confirming the employer's registration for insurance.
3.10. Obligations referred to in point 3.6. - 3.9. above, they also apply to subcontractors.