1. The subject of the contract is the service entitled: ‘Documentation entitled ‘Reconstruction of the Liwa riverbed at km 0+000-30+825 and the left dyke at km 26+375-29+921, Ryjewo commune, Kwidzyn commune, Kwidzyn commune, Kwiddzyński commune, voivodeship Pomorskie.’ 2. The subject-matter of the contract referred to in point 1 shall include: performance of the basic contract (hereinafter referred to as: ‘Basic contract’ or ‘Basic task’), including the preparation of project documentation, including obtaining a final administrative decision authorising the implementation of the investment on the basis of the project documentation: ‘Reconstruction of the Liwa riverbed at km 0+000-30+825 and the left dyke at km 26+375-29+921, Ryjewo commune, Kwidzyn commune, Kwidzyn commune, Kwiddzyński commune, voivodeship Pomorskie’, (b) performance of an optional contract (hereinafter referred to as ‘Option’ or ‘Object of Option’) consisting in exercising author’s supervision over the execution of construction works carried out on the basis of the design documentation referred to in point (a). The contracting authority provides for the application of the right of option pursuant to Article 441 of the Public Procurement Act. The condition for triggering the option right is a declaration of will of the Ordering Party to perform the order under the option right submitted to the Contractor in writing. The Ordering Party sets the number of copyright supervision activities at 20, however, depending on the needs, the Ordering Party may order a smaller number of copyright supervision activities to the Contractor, and the Contractor is therefore not entitled to any claims. The need to exercise the Option is updated if the Ordering Party exercises the reserved right of option in accordance with the Designed provisions of the contract. The use of the option right by the Ordering Party is not mandatory. If the Ordering Party does not exercise the Contractor's option right, no claims are entitled to this. The detailed description of the subject-matter of the contract and the conditions for the performance of the contract shall be as follows: - Description of the subject-matter of the contract (OPZ) – Annex 1 to the SWZ, - Draft provisions of the contract (PPU) – Annex 8 to the SWZ. 3. The contracting authority shall not allow partial tenders to be submitted. The Ordering Party does not divide the contract into lots for the reasons indicated in Annex I. 1 to SWZ. 4. The contracting authority does not provide for the possibility of awarding contracts referred to in Art. 1 point 7 of the Public Procurement Act. 5. The Ordering Party does not reserve the obligation to personally perform key parts of the contract by the Contractor. The contractor may subcontract part of the contract. The Contracting Authority requests the Contractor to indicate, in the tender, the parts of the contract which it intends to subcontract and to indicate the names of any subcontractors, if known. Subcontracting requirements are set out in the PPU. 6. The Contracting Authority, in accordance with Article 95(1) of the Act, does not specify activities related to the performance of the contract to which the requirements for employment by the Contractor or a subcontractor of persons performing activities during the performance of the contract on the basis of an employment relationship apply. The Contracting Authority does not require the Contractor to employ the persons referred to in Article 96(2)(2) of the Public Procurement Act. 7. The Contracting Authority does not require the Contractor to carry out an on-site inspection or check by the Contractor the documents necessary for the performance of the contract available on-site at the Contracting Authority. The Contracting Authority recommends that the Contractor carry out a local inspection of the place of performance of the work in order to obtain information that may be necessary for the preparation of the tender and for the conclusion of the contract and performance of the contract. An on-site inspection is not a precondition for submitting an offer in the present proceedings. The Contracting Authority does not cover the costs of travel to the site of the on-site inspection or the costs of providing security measures used by the Contractors. For an on-site visit, please contact Ms Anna Schischke, e-mail: anna.schischke@wody.gov.pl, tel. 58 531 36 47. 8. The contracting authority does not require a security to be lodged in the procedure in question. 9. Before signing the contract, the Contractor shall be obliged to lodge a performance guarantee for the Basic Order for an amount representing 5% of the total gross price quoted in the offer for the Basic Order. For details, see point 16 of the SWZ. 10. All costs related to participation in the procedure, in particular the preparation and submission of the tender, shall be borne by the Contractor submitting the tender. The contracting authority does not provide for reimbursement of costs of participation in the procedure. 11. Number of the plan of proceedings in BZP: 2025/BZP 00112251/02/P; position of the plan: 2.3.132. 12. The Contracting Authority reserves the right to cancel this procedure under Article 257 of the Public Procurement Law if the funds it intended to allocate for the performance of the contract are not granted to it in whole or in part. The contracting authority is entitled to cancel the procedure with the above-mentioned conditions at any stage of the procedure. The Ordering Party retains the right to cancel the procedure with the above-mentioned condition both when it receives unambiguous information about the lack of funds for the performance of the contract, and in the event of delay in obtaining them in relation to the assumed date of performance of the task, if the lack of funds in time will prevent the performance of the contract. The Contractor does not have the right to request the Contracting Authority to take action to obtain funds intended for the performance of the contract, if these are not granted to him from the assumed source. In the event of cancellation of the procedure pursuant to Article 257 of the Public Procurement Act, Contractors shall not be entitled to reimbursement of any costs of participation in the procedure, including in particular the costs of conducting a local inspection, costs of calculation and preparation of the offer and, by participating in the procedure in accordance with the rules set out in this documentation, the Contractors accept without reservation. 13. The Contractor shall provide a guarantee and warranty for defects in accordance with §11 of the Draft Contract Provisions.
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