1. The subject of the contract is the preparation of design documentation covering the reconstruction of the roof along with the new roof structure on the entire Preschool No. 6 facility in Suwałki at ul. Alfred Wierusz-Kowalski 19, 16-400 Suwałki. The developed project documentation aims to: a) obtaining a building permit, b) conducting a tender procedure for the implementation of the task, c) performing construction works. 2. A detailed description of the scope of design works is provided in Annex 2 with a description of the subject of the contract (OPZ). The project documentation will constitute a description of the subject-matter of the contract annexed to the FTZ for the execution of construction works under the Public Procurement Law (PPL) Act of 11 September 2019. The Contractor undertakes to prepare the documentation in such a way as to meet all the requirements of the PPL Act. In particular, the Contractor undertakes to ensure that the prepared documentation complies with Articles 30, 34 and 99 to 103 of the Public Procurement Act, as well as with all the requirements contained in: 1) Regulation of the Minister of Development and Technology of 20 December 2021 on the detailed scope and form of design documentation, technical specifications for the execution and acceptance of construction works and the functional-utility program (Journal of Laws of 2021, No. U. item 2454); 2) Regulation of the Minister of Development and Technology of 20 December 2021 on the determination of methods and bases for preparing an investor's estimate, calculation of planned costs of design works and planned costs of construction works specified in the functional-utility program (Journal of Laws of 2021, No. U. item 2458); 3) Regulation of the Minister of Development of 11 September 2020 on the detailed scope and form of the construction project (Dz. Journal of Laws 2022, item 1679 as amended) and other provisions: construction law, specific regulations, applicable technical conditions, state and industry standards, regulations of technical supervision and engineering art, principles of technical knowledge, as well as other legal acts related to the subject-matter of the contract, in particular regarding provisions against fire, health and safety, environmental protection, etc. The technical documentation shall have the necessary fire protection arrangements: pursuant to the Regulation of the Minister of Internal Affairs and Administration of 5 August 2023 on agreeing on a land development project, an architectural and construction project, a technical project and a fire-fighting device project in terms of compliance with fire protection requirements (Journal of Laws of 2023, No. Journal of Laws 2023, item 1563). 3. The design documentation for the description of the proposed materials and equipment should be made in accordance with Article 99 of the Public Procurement Act. The subject-matter of the contract may not be described in such a way as to impede fair competition, in particular by indicating the trade marks, patents or origin, source or specific process which characterises the products or services provided by a particular economic operator, where this could lead to the preference or elimination of certain economic operators or products. The subject-matter of the contract may be described by indicating the trade marks, patents or origin, source or specific process which characterises the products or services provided by a particular economic operator, where the economic operator cannot describe the subject-matter of the contract in a sufficiently precise and comprehensible manner and such indication is accompanied by the words ‘or equivalent’. In such a case, the Contractor shall indicate in the description of the subject-matter of the contract the criteria used to assess equivalence. The subject of the contract should be described in accordance with Article 101 of the Public Procurement Act. 4. The technical documentation should take into account the provisions of Article 100 of the Public Procurement Act, i.e. ‘In the case of contracts intended for the use of natural persons, including the contracting authority’s staff, the description of the subject-matter of the contract shall be drawn up taking into account accessibility requirements for persons with disabilities and design for all users, unless this is not justified by the nature of the subject-matter of the contract. If the requirements referred to in paragraph. 1, resulting from an act of European Union law, the subject-matter of the contract, as regards accessibility requirements for persons with disabilities and design for all users, shall be described by reference to that act.’ 5. In accordance with Art. 4 of the Act, in a place where the subject of the contract is described by means of standards, technical assessments, technical specifications and technical reference systems, the Contracting Authority allows solutions equivalent to those described. Furthermore, it should be assumed that all such references are accompanied by the words 'or equivalent'. Indication of equivalence of the offered solution in accordance with Art. 5 of the Act and in accordance with the rules laid down therein rests with the Contractor. 6. Where standards are described, equivalent solutions shall be those which ensure that the minimum requirements laid down in the standard are met at a level not lower than that described in the relevant standards. In the case of standards referred to in the FTZ (if not specified in detail), current standards are understood. In other cases (description of the subject-matter of the contract by means of technical assessments, technical specifications and technical reference systems), such a product, material or system with technical, functional and quality parameters not inferior to those listed in the description of the subject-matter of the contract shall be considered equivalent.
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