1. The subject-matter of the contract is the performance of services involving the performance of the following works (‘Subject-matter of the contract’): a) 4th maintenance level (P4) activities within 1 (one) maintenance for bogies of vehicle SA105 (213M) with factory number 001 (hereinafter referred to as ‘MST’ or ‘Vehicle’), with 1 (one) maintenance for a complete set of bogies on the Vehicle, i.e.: 1 (one) 19MN power bogie and 1 (one) 32AN rolling bogie (hereinafter referred to as ‘Bogies’) (hereinafter referred to as ‘Basic Tasks’); b) subject to paragraph. 2 optional works related to the performance of activities of the fourth maintenance level P4 of the trolleys, going beyond the scope of the works provided for in point a. (hereinafter referred to as "Optional Works") c) subject to para. 2, other works not consisting of Basic Tasks or Optional Tasks necessary to restore the proper functioning of the Trolleys or to meet the requirement referred to in §6 sec. 1 of the Model Contract (hereinafter referred to as ‘Off-scheduled tasks’). The Ordering Party together with the Trolleys shall provide the Contractor with the materials/parts/sub-assemblies indicated in Annex No 8 to the Model Contract (Annex No 4 to the FTZ). Other parts, materials, subassemblies, standards necessary to perform the subject of the contract The Contractor is obliged to organize at his own expense and risk. A detailed description of the subject of the contract, the type and conditions for the performance of the service are set out in Annex 4 to the FTZ. 2. The Contracting Authority reserves the right to make a unilateral order for the performance of the subject-matter of the contract to the extent that it includes Optional Tasks and Out-of-Plan Tasks (hereinafter referred to as the ‘Additional Tasks Option’). The Employer's use of the Option of Additional Tasks obliges the Contractor to complete the Subject of the contract also to the extent indicated by the Employer. 3. The Ordering Party is entitled to use the Additional Tasks Option, in a situation where restoring a given trolley to full efficiency requires the completion of Optional Tasks or Out-of-Plan Tasks, respectively. The Ordering Party is entitled to use the Additional Tasks Option in whole or in part in accordance with its needs. The Contractor shall not be entitled to any claims against the Ordering Party for not using the Additional Tasks Option by the Ordering Party. 4. The trolleys will be handed over and collected at the Customer's Rolling Stock Maintenance Point, i.e. PUT Poznań, ul. Kolejowa 23, 60-717 Poznań. 5.The Contractor is obliged to carry out the subject of the contract with due diligence in accordance with the Vehicle Maintenance System Documentation and the Vehicle Technical and Traffic Documentation. 6. The Contractor undertakes to perform the subject of the contract in accordance with the applicable regulations, the current level of technical knowledge and the requirements of European standards or Polish Standards transposing European standards. 7. In all the provisions of the contract notice, the FTZ and its annexes, in which the Contracting Authority describes the subject of the contract by reference to standards, technical assessments, technical specifications and technical reference systems, it should be considered that the Contracting Authority allows solutions equivalent to the described requirements, and such reference is accompanied by the words "or equivalent". 8. If the contractor offers the performance of the subject-matter of the contract in a manner inconsistent with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject-matter of the contract refers, the contractor is obliged to prove in the tender, in particular by the means of evidence referred to in Articles 104-107 of the Public Procurement Act, that the proposed solution satisfies the requirements set out in the description of the subject-matter of the contract to an equivalent degree (hereinafter referred to as ‘the subject-matter of evidence’). 9. The evidence in question is not to be supplemented. The tender of a contractor who offers to perform the subject-matter of the contract in a manner inconsistent with the standards, technical assessments, technical specifications and technical reference systems to which the description of the subject-matter of the contract refers, and does not provide, together with the tender, the means of proof in question, will be rejected. 10. In the event that the Contractor does not indicate in the tender that he is offering to perform the Subject of the contract in a manner inconsistent with the standards, technical assessments, technical specifications and technical reference systems to which the description of the Subject of the contract refers, the Contracting Authority will consider that the Contractor has offered to perform the Subject of the contract in a manner consistent with the standards, technical assessments, technical specifications and technical reference systems to which the description of the Subject of the contract refers. 11. Pursuant to Article 95 of the Public Procurement Act, the Employer requires employment by the contractor or subcontractor on the basis of the employment relationship of persons performing activities in the field of contract performance to the extent described in detail in Chapter 4(1) of the PZP. 12. Provisions concerning the method of verifying the employment of these persons on the basis of the employment relationship and the Employer's powers to control the contractor's compliance with the requirements related to employment are contained in the Model Agreement constituting Annex 4 to the FTZ.
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