4.1.1. The Employer Did Not Divide The Contract Into Separate Procedures Due To The Specificity Of The Planned Scope Of Works. As Part Of The Order, The Entire Investment Task Was To Be Awarded To One Contractor. A Possible Division Of The Contract Into Parts Would Cause Excessive Technical Difficulties And The Risk Of Improper Performance Of The Contract In Question Due To The Necessity To Overlap The Stages Of Works By Different Contractors Performing Individual Parts Of The Contract. The Value Of The Order Is Lower Than The So-Called Eu Thresholds That Oblige To Implement Eu Directives. Recital 78 Of Directive 2014/24/Eu Indicates That, In Order To Increase Competition, Contracting Authorities Should In Particular Be Encouraged To Divide Large Contracts Into Lots. The Contract In Question Is Not A Large Contract Within The Meaning Of Recital 78 Of The Above-Mentioned Eu Directive (The Directives Apply From The So-Called Eu Thresholds, And The Directive Uses The Concept Of A Large Contract On The Basis Of Contracts Subject To The Directive, I.E. Contracts With A Value Significantly Exceeding The So-Called Eu Thresholds).4.1. 2. The Scope Of The Modernization Includes: A) Preparatory Works: Mechanical Demolition Of Existing Concrete Structures (24M3), Demolition Of Sidewalks (146.73M2), Demolition Of Lawn Edges (51M), Demolition Of Roofing (28.86M2), Disassembly Of Stair Railings (30 Pcs.) , Demolition Of The Back Wall Of The Stage (9.01 M2), Removal Of Demolition Materials (20T); B) Finishing Works: Stage Insulation (30 M3), Construction Of Metal Columns Casing Made Of Facade Boards (Composite) Along With Painting, Construction Of A Dressing Room Wall , Construction Of The External Wall At The Back Of The Stage (203M2), Assembly Of The Door Frame (1 Piece), Enclosure Of The Stage Slab With A Concrete Palisade (38.64 M3), Execution Of The Epoxy Resin Floor On The Stage Surface (150M2), Laying Of Paving Stones On And Around The Stage Stages, Including The Construction Of A Ramp For The Disabled (81.46 M2), Installation Of A Railing At The Ramp For The Disabled (1 Piece); C) Installations: Execution Of The Illuminated Topolina Sign And Mielnik Coat Of Arms With Suspension (1 Set), Assembly Of Electrical Installation (200 M), Assembly Of Plug Sockets (12 Pcs), Assembly Of Switches (5 Pcs), Assembly Of Led Luminaires (19 Pcs.); D) Elements Of Land Development: Assembly Of An External Bin For Segregation Of Waste Of Three Fractions (Replacement Of The Existing Bin For Mixed Waste), Replacement Of The Slats Of The Existing Benches (115 Running Meters Of Bench Seats), Assembly Of New Benches (Expansion Of The Existing Auditorium), 35 Running Meters Of Bench Seats.4.1 .3. Requirements For Accessibility For People With Disabilities And Design For All Users, In Accordance With Art. 100 Sec. 1 Of The Act: The Implementation Of The Investment Is To Ensure Access To The Stage To All Potential Users.4.1.4. Equivalent Solutions: A) Wherever In The Description Of The Subject Of The Contract There Are Terms Indicating Trademarks, Patents Or Origins, Sources Or A Specific Process That Characterizes The Products Provided By A Specific Contractor, The Contracting Authority Allows The Possibility Of Offering Equivalent Products, Materials Or Devices By The Contractors. The Names And Types Used Should Be Treated As Exemplary Solutions Specifying The Criteria Used To Assess Equivalence, I.E. Quality Standards, Appearance And Technical Parameters. All Materials, Devices And Technologies From Specific Manufacturers Define The Minimum Quality Parameters And Functional Characteristics That Equivalent Solutions Must Meet In Order To Meet The Requirements Set By The Ordering Party And Constitute Only A Quality Standard Used In Design Calculations. Solutions Other Than Those Specified In The Documentation Are Acceptable As Equivalent, Provided That The Criteria Used To Assess The Equivalence Are Met, I.E. Guaranteeing Equivalent Technical And Technological Parameters Not Worse Than Those Specified In The Design Documentation And Compliance With Applicable Legal Requirements. The Given Types And Their Characteristics Can Only Be Used For Better Selection Of Substitutes. B) A Contractor Who Refers To Equivalent Solutions Is Obliged To Demonstrate That The Solution He Offers, I.E. Materials, Equipment, Supplies, Services Or Construction Works, Meets The Requirements Specified In In The Description Of The Subject Of The Order By The Ordering Party (I.E. Standards, Technical Assessments, Technical Specifications And Technical Reference Systems), And The Burden Of Proving The Equivalence To The Requirement Specified By The Ordering Party Rests With The Contractor.C) Pursuant To Art. 101 Sec. 5 Of The Public Procurement Law, If The Description Of The Subject Of The Contract Refers To The Standards, Technical Assessments, Technical Specifications And Technical Reference Systems Referred To In Art. 101 Sec. 1 Point 2 And Sec. 3 Of The Public Procurement Law, The Offered Service Does Not Have To Comply With The Required Standards, Technical Assessments, Technical Specifications And Technical Reference Systems To Which The Description Of The Subject Of The Contract Refers, But The Contractor Is Obliged To Prove In The Offer That The Proposed Solutions Meet The Requirements Set Out In The Description To An Equivalent Extent D) The Awarding Entity, Wherever It Describes The Subject Of The Contract By Reference To Standards, European Technical Assessments, Approvals, Technical Specifications And Technical Reference Systems Referred To In Art. 101 Sec. 1 Point 2 And Sec. 3 Of The Public Procurement Law And Wherever It Requires A Specific Marking To Be Changed, It Allows Solutions Equivalent To Those Described. The Contractor May Use A Different Solution (E.G. A Newer Technology) As Long As He Is Able To Ensure And Demonstrate Its Equivalence In Terms Of Performance And Functionality As Well As Environmental Requirements, Health, Safety And Quality Aspects. The Performance Or Functional Requirements Referred To In Art. 101 Sec. 1 Point 1 Of The Public Procurement Law, Then, In Accordance With Art. 101 Sec. 6 Of The Public Procurement Law, The Contractor May Refer To The Compliance Of The Services Offered With The Relevant Standards, Technical Assessments, Specifications And Technical Reference Systems, If They Relate To Performance Or Functionality Requirements Specified By The Contracting Authority, Provided That The Contractor Proves In The Offer That The Building Delivery Or Service Meet The Performance Or Functionality Requirements Specified By The Ordering Party. A Detailed Description Of The Subject Of The Order Is In The Documentation Attached To The Swz, As Annex 8.4.2. The Contracting Authority Does Not Require A Site Visit Or Verification By The Contractors Of The Documents Necessary For The Performance Of The Contract.4.3. Guarantee - The Required Guarantee Period For The Scope Of The Investment Task Is Counted From The Date Of Signing The Acceptance Report Of The Final Investment Task By The Ordering Party (Without Comments) And Is A Minimum Of 36 Months. The Required Warranty Period For Defects Is Equal To The Warranty Period.
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