The subject of the contract is the purchase and delivery of motor vehicles for the needs of the Silesian garrison under a framework contract divided into 17 tasks. The Contracting Authority will conclude a framework contract with a maximum of eight (8) Contractors whose tenders meet all the requirements of the SWZ and the PPL and will receive the highest number of points on the basis of the tender evaluation criteria set out in Section XX of the SWZ. In the event that fewer non-rejectable tenders are submitted, the Contracting Authority will conclude a framework agreement with all Contractors who meet all the requirements of the VTZ and the Public Procurement Act. If one non-rejectable tender is received for a given task, the Contracting Authority will conclude a framework contract with one contractor. The contracting authority informs that partial (executive) contracts after the conclusion of the framework agreement will be awarded successively as necessary and obtained funds for the implementation, in accordance with the terms of the contract specified in the framework agreement, without conducting a competitive procedure pursuant to Art. 1 point 1 of the Public Procurement Law in the form of a cascading award of contracts on the basis of unit prices offered in the procedure for the conclusion of a framework agreement described in point 3.1-3.4 of Section IV of the SWZ, subject to § 7 and § 9 sec. 3 draft provisions of the agreement. After selecting the tenders of the contractors with whom the framework contract will be concluded, the contracting authority will draw up a ranking according to the order of the points obtained in the tender evaluation criterion, starting with the highest-ranked. When there is a need to award a partial (executive) contract, the contracting authority will contact the contractor whose tender was considered to be the most advantageous at the time of concluding the framework agreement, i.e. the highest-ranked in accordance with the criteria for the evaluation of tenders of Section XX SWZ and according to the ranking referred to in paragraph. 3.1 section IV SWZ for information whether it has the ability to perform this contract to the full extent. If the contractor informs the contracting authority that it has the possibility to perform the partial contract in full, the contracting authority will sign an implementing contract with that contractor, and the value will result from converting the unit price offered in the procedure for the conclusion of the framework contract by the number of vehicles; If the contractor (first in the ranking) informs the Ordering Party that it is not possible to perform the partial contract in full, only in part, e.g. from five vehicles, it can perform only two, then the Ordering Party will ask the next (second) contractor in the ranking about the possibility of performing the contract for the missing vehicles. In the event of a positive response, the Contracting Authority will sign two implementing agreements with these contractors (first and second in the ranking). In the event of obtaining information from the second contractor that it is not possible to perform the partial contract in full, only in part, the Contracting Authority will ask the next (third) contractor in the ranking about the possibility of performing the contract for the missing vehicles and in the event of a positive answer, the Contracting Authority will sign three implementation contracts. In the event of obtaining information from the second contractor that it is not possible to perform a partial contract, the Contracting Authority will ask the next (third) contractor in the ranking about the possibility of performing the contract. If the contractor (first in the ranking) informs the Ordering Party that it is not possible to perform a partial contract, the Ordering Party will ask the next (second) contractor in the ranking about the possibility of performing the contract. Any indexation of unit prices during the term of the framework agreement makes it necessary to re-establish the ranking (sequence) of contractors according to which partial contracts will be awarded from the date of conclusion of the annex with a given contractor. The ranking is prepared by the Contracting Authority on the basis of the tender evaluation criterion, section XX SWZ. As a result of the recalculation of points, there may be a change in the position of the first ranking of contractors, with which partial (executive) orders will be implemented first. When changing the contractor to a ranking position, the rules set out in paragraph 1 shall apply. 3.2 to 3.2.3 of Section IV of the SWZ. The Contracting Authority will award partial (executive) contracts in cascade with subsequent contractors according to the ranking prepared on the basis of the offers of the highest-ranked contractors with whom a framework agreement will be concluded or on the basis of the ranking prepared in connection with the conclusion of an annex to the framework agreement for the valorisation of the unit price or on the basis of the ranking prepared in connection with the change of the assortment in the situation described in para. 14 of Section IV of the SWZ. At the stage of implementing contracts based on a framework contract, the offered unit prices of the assortment may not be higher than in the offer submitted by the Contractor in the procedure conducted with a view to concluding a framework contract, subject to § 7 of the draft provisions of the contract. The Ordering Party agrees to change the delivered vehicle to a different one than the one offered in the offer form in cases where the Contractor demonstrates that the offered vehicle has been withdrawn from sale or its production has ceased or there is no access to it on the Polish market (confirmed by the manufacturer or sales representative on the Polish market). The Ordering Party allows the possibility of offering and delivering another vehicle(s) provided that its/their technical parameters meet the conditions of the contract indicated in the description of the subject of the contract, and the price is not higher than offered in the offer form within 6 months from the date of conclusion of the contract. After the expiry of this period, the adjustment of unit prices applies in accordance with § 7 of the draft provisions of the contract. The technical parameters of the assortment described in Annexes 3.1-3.17 to the SWZ are the minimum requirements of the Ordering Party. Failure to meet the minimum requirements will result in rejection of the tender.
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