1. The Subject Of The Order Is The Expansion Of Municipal Roads At Ul. Kręta And Ul. Kasztanowa In Bojszowy - Świerczyniec, Including Reconstruction Of Road Drainage And A Section Of The Low Voltage Line, Construction Of A Street Lighting Line, Reconstruction Of The Water Supply In Ul. Kasztanowa And The Construction Of A Section Of The Water Supply Network In Ul. Kręczna And The Technological Canal, As Well As Cutting Down Trees Interfering With The Project. 2. The Detailed Scope Of Work Is Determined By: A) Multi-Discipline Technical Design (Land Development Design, Projects In The Following Industries: Road With Drainage, Construction Of A Street Lighting Network, Technological Channel And Reconstruction Of The Low Voltage Network And Street Lighting, Water Supply Network In The Road Area Of Kasztanowa And Krętej And The Design Of The Target Traffic Organization).B) Technical Specifications For The Execution And Acceptance Of Construction Works (Hereinafter Referred To As Stwiorb).C) Bills Of Quantities. The Contractors Obligations Regarding The Implementation Of The Subject Of The Order Also Include The Draft Provisions Of The Contract. The Above Documents Constitute Annexes To The Swz.3. Equivalent Solutions: A) If In The Description Of The Subject Of The Order The Ordering Party Indicated Trademarks, Patents Or Origins, Sources Or A Specific Process That Characterizes The Products Or Services Provided By A Specific Contractor, It Is Allowed To Offer Solutions Equivalent To Those Described, Provided That They Maintain The Same Minimum Parameters Technical, Qualitative And Functional, Etc.; B) The Contractor Who Refers To Equivalent Solutions Is Obliged To Demonstrate That The Solution He Offers Meets The Requirements Specified By The Ordering Party. In Such A Case, The Contractor Attaches To The Offer A List Of Equivalent Solutions Along With Its Description Or Standards; C) If The Description Of The Subject Of The Contract Includes References To Standards, Technical Assessments, Technical Specifications And Technical Reference Systems Referred To In Art. 101 Section 1 Point 2 And Section 3 Of The Act Of September 11, 2019 Public Procurement Law, The Ordering Party Allows Solutions Equivalent To Those Described. 3. Pursuant To The Content Of Art. 95 Section 1 Of The Public Procurement Law, The Ordering Party Informs That It Sets Requirements Regarding The Employment Of The Contractor Or Subcontractor On The Basis Of The Employment Relationship Of Persons Performing Activities In The Scope Of The Contract Consisting In Performing Work In The Manner Specified In Art. 22 § 1 Of The Act Of June 26, 1974 - Labor Code (Consolidated Text: Journal Of Laws Of 2023, Item 1465). Details Are Included In The Draft Provisions Of The Contract, Which Constitute An Annex To Swz.4. The Order Is Covered By Financial Support: Government Program Polish Order Fund: Strategic Investment Program.5. The Ordering Party Does Not Divide The Order Into Parts And Does Not Allow The Possibility Of Submitting A Partial Offer. The Ordering Party Does Not Divide The Order Into Parts Due To The Specificity Of The Subject Of The Order, I.E.: The Need To Coordinate The Activities Of Various Contractors Implementing Individual Parts (Industries) Of The Order Could Seriously Threaten The Appropriate Construction Execution Of The Order, Generating Additional Costs And Unnecessary Downtime Related To Collecting The Construction Site From Some Contractors And Handing It Over To The Next Ones. In The Ordering Partys Opinion, The Lack Of Division Of The Order Into Parts Does Not Limit The Quantitative Or Qualitative Participation Of Contractors From The Small And Medium-Sized Enterprises Sector. Moreover, The Decision On Dividing The Contract Into Parts Is The Responsibility Of The Contracting Authority, In Accordance With The Public Procurement Law And The Provisions Therein Stipulating The Obligation For Contracting Entities To Divide The Contract Into Parts. However, Art. 91 Section 1 Pzp Should Be Interpreted Together With Art. 91 Section 2 Of The Public Procurement Law In Order To Examine Whether The Reasons For Not Dividing The Contract Violate The Rules Of Conduct Expressed In Art. 16 Point 1 Of The Public Procurement Law. The Lack Of Division Of The Contract Into Parts Does Not In Any Way Limit The Principle Of Fair Competition. The Provision Of Art. 91 Section 1 Of The Ppl Indicates That The Contracting Authority May Award The Contract In Parts - Therefore It Does Not Constitute A Source Of Obligation For The Contracting Authority And On Its Basis No Objection Can Be Raised Against The Contracting Authority Who Does Not Make Such A Division. However, Art. 91 Section 2 Of The Pzp Creates An Obligation To Include Justification In The Procedure Documents In The Event Of Failure To Divide The Contract. This Is An Information Obligation, The Implementation Of Which May Be Verified. Therefore, The Content Of The Justification Presented By The Ordering Party Is Important.6. The Ordering Party Does Not Allow The Possibility Of Submitting A Variant Offer.7. The Ordering Party Does Not Reserve The Obligation For The Contractor To Personally Perform Key Parts Of The Order. 8. The Ordering Party Did Not Specify In The Description Of The Subject Of The Order The Requirements Related To The Implementation Of The Order Referred To In Art. 96 Of The Act.9. The Ordering Party Does Not Envisage Restricting The Possibility Of Applying For The Contract Only To The Contractors Referred To In Art. 94 Of The Act.10. The Ordering Party Informs That It Does Not Envisage The Possibility Of Awarding The Contract To The Current Contractor Of Services Or Construction Works Referred To In Art. 214 Section 1 Point 7 Of The Act.11. The Ordering Party Does Not Plan To Organize An On-Site Visit For Contractors And Does Not Require The Submission Of An Offer After An On-Site Visit Or Checking The Documents Referred To In Art. 131 Section 2 Of The Act Pzp.12. Settlements Between The Ordering Party And Future Contractors Will Be Made In Polish Zlotys. The Ordering Party Does Not Provide For Settlements In Foreign Currencies.13. The Ordering Party Does Not Provide For Reimbursement Of The Costs Of Participation In The Procedure. 14. The Ordering Party Does Not Envisage Concluding A Framework Agreement.15. The Ordering Party Does Not Plan To Establish A Dynamic Purchasing System.16. The Ordering Party Does Not Envisage The Use Of An Electronic Auction.17. The Ordering Party Does Not Plan To Submit An Offer In The Form Of Electronic Catalogues.18. Cpv Code Relating To The Subject Of The Contract: Main Subject: 45233120-6 Road Construction Works Auxiliary Codes: 45111200-0 Works In The Field Of Site Preparation For Construction And Earthworks 45111300-1 Demolition Works 45231110-9 Laying Of Pipelines 45231300-8 Construction Works In The Field Of Construction Of Waterworks And Pipelines For Sewage Disposal45232400-6 Construction Works In The Field Of Sewage Channels45233140-2 Road Works45233220-7 Works In The Field Of Road Surfaces45311000-0 Works In The Field Of Cabling And Electrical Installations45316110-9 Installation Of Road Lighting Devices45232210-7 Construction Works In The Construction Of Overhead Lines77211400-6 Services Cutting Trees77324200-5 Lawn Services34928510-6 Street Light Poles31532000-4 Parts Of Lamps And Lighting Fixtures32320000-4 Telecommunications Equipment And Cables.
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