3.1. The subject of the contract is the purchase of low-carbon rolling stock, including for persons with disabilities. 3.2. The subject-matter of the contract is divided into the following parts: Part I: Purchase of a bus adapted for persons with disabilities Detailed description of the subject of Part I is attached as Annex No. 9 to the SWF. Part II: A detailed description of the subject of Part II is attached to Annex 10 to the PCT. 3.3. The vehicles supplied shall comply with all the requirements of the Act of 20 June 1997. Traffic law and regulations implementing this Act. 3.4. The Contractor shall cover all costs related to the delivery, unloading and assembly (if any) of the subject of the contract to the premises of the user. 3.5. The purchased equipment is to be brand new, complete and efficient, without physical defects, to be ready for use as intended without making additional purchases of parts and accessories. 3.6. The equipment provided is to have the necessary documents, instructions and guarantees in Polish. The Contractor shall provide documents, warranty card and instructions to the Contractor together with the subject of the order. 3.7. Where brand names (companies), products or technologies are used anywhere in the documentation, in accordance with Art. 99 para. 2-7 of the Public Procurement Law Act, this should be treated as information on the expected standard and level of quality, and not strictly as a determination of the product necessary for delivery. All “products” from specific manufacturers specify only the minimum quality parameters and performance characteristics that the equipment must meet in order to meet the requirements set by the Ordering Party and constitute only a quality standard of the subject of the contract. 3.8. If the Contractor finds that national standards or European standards or international standards used in the ESA and in the annexes to the ESA may indicate producers of products or their sources of origin, the Contracting Authority shall accept equivalent solutions in this respect. This means that the technical parameters of such products determine the minimum expectations required by the Ordering Party as to the quality of the products to be used for the performance of the subject of the contract. In addition, in any case, a statement that the description or characteristic of the described product, which may indicate the source of origin or the manufacturer, is also entitled to use equivalent products, meaning those which have technical parameters not inferior to those indicated in the MF and/or in the annexes to the MF. Such equivalence may also be demonstrated by standards equivalent to those indicated in the description of the subject-matter of the contract. The Contractor shall bear the burden of indicating ‘equivalence’. When selecting equivalent products, the Contractor shall also ensure that the indicators set out in the description of the subject-matter of the contract are met. 3.9. The Contractor undertakes to perform the subject of the contract with special care taking into account the applicable laws, standards and rules of performance of the works covered by this contract, as well as the rules of professional ethics. 3.10. Employment requirements on the basis of an employment relationship, in the circumstances referred to in Article 95 and for the employment of persons referred to in Article 96(2)(2), where the contracting authority provides for such requirements: The contracting authority does not specify the obligation of the Contractor or subcontractor to employ a person performing activities in the scope of performance of the contract. 3.11. The Ordering Party does not reserve the obligation of the Contractor to perform in person key tasks related to the subject of the contract. 3.12. The Contractor may entrust the implementation of elements (parts) of the subject of the contract to subcontractors. In the event of an intention to perform the subject-matter of the contract with the participation of subcontractors, the contractor is obliged to indicate in its tender the part of the contract (the material scope) which it intends to entrust to subcontractors and to indicate the names of any subcontractors if they are already known. This information should be included in the Offer Form.
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