DESCRIPTION OF THE PROCEDURE: 1. The subject of the contract is the execution of construction works as part of the task entitled: "Expansion and reconstruction of the existing historic building of the Zagłębie Theatre at ul. Teatralna 4 in Sosnowiec’. 2. The description of the subject-matter of the contract is set out in Annex 2 to the SWZ – SOPZ. 3. The minimum warranty period required by the Ordering Party is 60 months. BREAKDOWN OF THE CONTRACT IN PARTS: The contracting authority shall not divide the contract into lots. Thus, the Contracting Authority does not allow the submission of partial tenders referred to in Article 7(15) of the Public Procurement Act. The lack of division of the contract into lots serves to obtain the best results of the implementation of the project, both in economic and organizational terms. It serves to achieve a uniform quality and aesthetic standard, which is easier to achieve when a single entity is responsible for the entire contract. However, the essential aspect is the close interdependence and the need for coordination between construction works of individual industries, which in effect is to achieve the intended goal: the use of the reconstructed and expanded facility in which the theatre will operate. The division of the contract into lots is unreasonable because it could cause excessive technical difficulties resulting from the need to coordinate the works carried out by the various economic operators, since the scopes of the different lots are interdependent. These difficulties would arise in particular in terms of: liability for defects, implementation schedule and ensuring continuity of works, risk of technological collisions, especially at the interface of construction, installation, assembly and finishing works (the contract includes both reconstruction of the existing and construction of a new building). The need to coordinate all the scopes of this subject of the contract is particularly important, as it directly affects the functionality and safety of the use of both facilities. A comprehensive order (without division into parts) will allow to optimize costs and eliminate the risk of technical incompatibility between construction works of particular industries and to simplify the process of implementation and supervision of the contract implementation. In addition, the division of the contract into lots could result in an increase in the costs of contract implementation, related to the need to repeatedly organize separate construction sites, conduct separate supervisions, partial acceptances and settlements. Division into parts would also lead to difficulties in assigning liability for possible defects under the quality guarantee or warranty for defects or delays in the implementation of the investment. Entrusting the task to one entity guarantees greater involvement of the Contractor in the performance of the contract and guarantees optimization of the work organization of both the Contractor and the Contracting Authority (in supervising correctness and timeliness). The consolidated procurement model adopted by the contracting authority does not limit the availability of this contract to small and medium-sized enterprises for which the division of the contract would nominally serve, because SME economic operators wish to fulfil the conditions for participation in this procedure may jointly apply for the award of this contract or with the help of a third party on whose resources they will rely. CONTRACTS REFERRED TO IN ARTICLE 214(1) 1 PKT 7) PZP PROVISIONS 1. The contracting authority provides for the award of contracts on the basis of Art. 1 point 7) of the Public Procurement Act, consisting in the repetition of similar construction works, The scope of similar contracts, consistent with the subject of the basic contract, includes: - building construction works; - sanitation works; - electrical works; - teletechnical works; - road works. 2. Alternatively, the contract will be awarded under the conditions set out in the Public Procurement Act in a direct award procedure, taking into account the following principles and price-setting factors: - for the valuation of works, no more than the average prices of materials are used, from the last published issue of the SEKOCENBUD publishing house, and the prices of labour will not be higher than the average prices for the Silesian Voivodeship, from the last published issue of the SEKOCENBUD publishing house, during the period of performance of these works and in the absence of equivalent prices from invoices or purchase offers for materials and equipment rental not appearing in the price list.
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