The subject of the contract is the provision of comprehensive cleaning services for railway vehicles used by the Ordering Party, which include diesel multiple units of the SA105, SA108, SA132, SA134, SA139 series.

and 48WEb, 48WE, EN76, EN57AKW and EN57AL series electric multiple units, as well as 36WEhd series bimodal multiple units, including superficial cleaning, superficial extended. A detailed description of the subject matter of the contract is included in Appendix No. 4 to the Terms of Reference (Model Agreement).

Detailed requirements for the provision of the service are set out in Annex 1 to the Agreement.

1. The subject of the contract is the provision of comprehensive cleaning services for railway vehicles used by the Contracting Authority, which include diesel multiple units of the SA105, SA108, SA132, SA134, SA139 series

and 48WEb, 48WE, EN76, EN57AKW and EN57AL series electric multiple units, as well as 36WEhd series bimodal multiple units, including superficial cleaning, superficial extended.

2. The subject matter of the contract also includes the performance of auxiliary activities, which the Contracting Authority qualifies as necessary for the comprehensive and proper performance of the Subject of the contract, as well as those that may be commissioned to the Contractor by the Contracting Authority additionally

3. In all provisions of the contract notice, the Terms of Reference and its annexes, in which the Contracting Authority describes the subject matter of the contract by reference to standards, technical assessments, technical specifications and technical reference systems, the Contracting Authority shall be deemed to accept solutions equivalent to the requirements described, and such reference shall be accompanied by the words "or equivalent".

4. Where the contractor offers to provide the service in a manner that does not comply with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject matter of the contract relates,

it is the contractor who is obliged to prove in the offer, in particular by means of the means of evidence referred to in Articles 104-107 of the PPL Act, that the proposed solution meets the requirements set out in the description of the subject matter of the contract to an equivalent extent (hereinafter referred to as the "Means of Evidence").

5. The evidence in question shall not be supplemented. A bid from a contractor who offers a service that does not comply with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject of the contract refers, and does not provide the Evidence in question with the bid, will be rejected.

6. In the event that the contractor does not submit information in the offer that it offers the performance of a service that does not comply with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject of the contract refers, the Contracting Authority shall consider that the contractor has offered the service in a manner consistent with standards, technical assessments, technical specifications and technical reference systems, to which the description of the subject-matter of the contract relates.

7. Pursuant to Article 95 of the Public Procurement Law, the Contracting Authority requires the contractor or subcontractor to employ persons performing activities related to the performance of the contract, consisting in cleaning railway vehicles, on the basis of an employment relationship, if the performance of these activities involves the performance of work in the manner specified in Article 22 § 1 of the Act of 26 June 1974 – the Labour Code (Journal of Laws of 2022, item 1510, 1700 and 2140 and 2023, items 240 and 641).

8. Provisions concerning the method of verification of employment of these persons on the basis of an employment relationship and the Contracting Authority's rights to control the contractor's compliance with the requirements related to the employment of these persons and sanctions for failure to meet these requirements are set out in the Model Agreement constituting Appendix No. 4 to the Terms of Reference.