1. The subject of the contract is the supply of 5 brand new MINI buses with conventional drive and a length in the range of 7.5-8.0 m with the right of option. 1.1. Under the option right, the Ordering Party reserves the right to extend the subject of the order with further buses in the amount of up to 10 pieces. The buses covered by the option rights must be brand new, identical in terms of make and type and in terms of design, technical parameters, as well as picking and equipment in relation to the vehicles constituting the basic part of the contract. Unless otherwise indicated in the procurement documents, whenever their provisions refer to buses or to the subject-matter of the contract in general, they should refer to both the basic and the optional part of the contract. 1.2. A brand new bus is considered to be a vehicle manufactured not earlier than 8 months before the date of delivery of a given lot of order and not in use. 1.3. The buses offered must be of a single brand, identical in terms of design, technical parameters and picking and equipment. 2. A detailed description of the subject-matter of the contract is contained in Annexes 4 to 8 to the FTZ, as well as in Annex 10, which constitutes the Draft Provisions of the Agreement. The list of PEKA-ITS components supplied by the Contracting Authority to MINI buses is presented in Annex 9 to the FTZ. On the basis of Annex 2 to the FTZ (Offer Form) completed by the Contractor and Annexes 4 to 8 to the FTZ, annexes will be prepared to the contract concluded with the Contractor whose tender will be selected as the most advantageous. 3. The contracting authority requires that the proportion of goods, including software used in the equipment of telecommunications networks originating in the Member States of the European Union, countries with which the European Union has concluded agreements on equal treatment of entrepreneurs or countries to which the provisions of Directive 2014/25/EU apply by virtue of a Council decision, exceeds 50% in respect of the supply. The Ordering Party requires the submission of a declaration in this respect in the Offer Form (Annex 2 to the SWZ). In accordance with Art. 1 point 4 of the Public Procurement Act, the Contracting Authority will reject an offer in which the share of goods, including software used in the equipment of telecommunications networks originating in the Member States of the European Union, countries with which the European Union has concluded agreements on equal treatment of entrepreneurs, or countries to which the provisions of Directive 2014/25/EU apply by virtue of a Council decision does not exceed 50% . 4. The contracting authority in a public procurement procedure shall exercise its power to restrict access to contracts to economic operators from third countries with which the European Union is not bound by any international agreement guaranteeing reciprocal and equal access to the public procurement market. That restriction consists in preventing participation in the proceedings. 5. The Contracting Authority shall not allow the Contractors (as well as the Contractors jointly applying for the contract, at least one of which is) with their registered office (respectively: domicile) in countries other than a Member State of the European Union, a State of the European Economic Area, a State party to the Government Procurement Agreement (GPA) concluded within the framework of the World Trade Organisation or a State party to an agreement concluded with the European Union governing reciprocal access to public procurement. 6. The Contracting Authority does not allow the Contractors (as well as the Contractors jointly applying for the contract, at least one of which is) with their registered office (respectively: with a place of residence) in a Member State of the European Union, a country of the European Economic Area, a country party to the Agreement on Government Procurement (GPA) concluded within the framework of the World Trade Organization or a country party to an agreement concluded with the European Union regulating mutual access to public procurement, on technical and professional capacity or financial or economic situation on the terms described in Article 118 of the Public Procurement Act, entities with their registered office (respectively: domicile) in countries other than a Member State of the European Union, a State of the European Economic Area, a State party to the Agreement on Government Procurement (GPA) concluded within the framework of the World Trade Organisation or a State party to an agreement concluded with the European Union governing reciprocal access to public procurement. 6. When receiving a tender from a non-EU Contractor, the Contracting Authority will verify that the tender is covered by EU procurement contracts in an international context, such as GPAs or FTAs, in order to determine whether the Contractor has gained access to this contract. 7. On the basis of Article 226 para. 1 point 5 of the Public Procurement Act as inconsistent with the terms of the contract, the Contracting Authority will reject the tender submitted by the Contractor from a third country that has not concluded a Government Procurement Agreement (GPA) or a bilateral free trade agreement between the EU and that country, guaranteeing reciprocal and equal access to the public procurement market. 8. The contracting authority may cancel the procurement procedure before the deadline for submitting tenders, if there are circumstances that make the continuation of the procedure unjustified, in accordance with Article 256 of the Public Procurement Act.
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