(I.) The subject of the contract is the winter maintenance of the city and the summer maintenance of the city, including primarily roads in Bielsko-Biała, in accordance with the terms of the open tender procedure marked No 25/IZ/1/U, and in accordance with the Act of 13 September 1996 on maintaining cleanliness and order in municipalities. The contract will run from 2025 to 2027. The subject of the contract has been divided into two Tasks (of the same nature): Activity 1 – Eastern Zone; Activity 2 – Western Zone. (II.) Procedure: 1. The procurement procedure is conducted in an open tender procedure, in accordance with Section II, Chapter 3, Section 2 of the Public Procurement Act; 2. The offer, statements and documents must be drawn up and sent to the Ordering Party in electronic form signed with a qualified electronic signature, failing which they will be null and void; 3. The maximum total size of files constituting an offer or submitted with an offer is 250 MB. Communication in the procedure – other than the submission of tenders – takes place electronically via the communication forms available in the ‘Forms’ tab (‘Forms for communication’) or by e-mail. By means of ‘Forms for communication’ or e-mail, requests for clarification of the content of the Terms and Conditions of the Order (hereinafter referred to as: "SWZ"), forwarding summonses and notifications and responding to sent summonses. Communication forms allow you to attach an attachment to the message you are sending (the ‘add attachment’ button). The maximum size of files sent via ‘Forms for communication’ is 150 MB (this size applies to files sent as attachments to one form). The minimum technical requirements for the equipment used to use the eProcurement Platform services and information regarding the connection specifications are set out in the eProcurement Platform Rules. In case of technical problems and failures related to the functioning of the eProcurement Platform, users can use the technical support available at the phone number (22) 458 77 99 or electronically via the form available on the website https://ezamowienia.gov.pl in the "Report a problem" tab; In order to prove that there are no grounds for exclusion from the procedure and confirm that the conditions for participation in the procedure are met, the Contractors are obliged to submit the following statements and documents with the tender: (1) EAT of the Contractor (each of the Contractors applying jointly for the award of the contract); 2) The Contractor's declarations concerning the grounds for exclusion from Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine and Article 7 sec. 1 of the Act on Special Arrangements to Prevent the Support of Aggression against Ukraine and to Protect National Security. Detailed requirements in this regard are set out in point. 8.1.-8.3. Instructions for Contractors (Chapter I SWZ). 5. Information on the grounds for exclusion of Contractors is indicated in the procurement documents, including in particular point 7 of the Instructions for Contractors (Chapter I of the CVT): 5.1. An economic operator in respect of which any of the circumstances referred to in Article 108(1) applies shall be excluded from the procurement procedure. 1 of the PPL Act. The Contractor shall also be excluded from the procedure on the basis of the circumstances referred to in Art. 1 of the Act of 13 April 2022 on special arrangements for countering the promotion of aggression against Ukraine and for safeguarding national security and the circumstances referred to in Article 5k of Council Regulation (EU) 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, inserted in Article 1(23) of Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (mandatory conditions). 5.2. The Contracting Authority shall also exclude the Contractor in respect of whom any of the circumstances referred to in Art. 1 point 4) of the Public Procurement Act (optional condition). 5.3. Exclusion of the Contractor takes place in accordance with Article 111 of the Public Procurement Act. 5.4. Contractor who is subject to exclusion pursuant to Art. 1 point 1), 2) or 5) of the PPL Act or on the basis of the circumstances listed in point 5.2., in order to prove the absence of grounds for exclusion, it may take the actions indicated in Article 110 sec. 2 of the PPL Act. 5.5. The Contracting Authority may exclude the Contractor at any stage of the procurement procedure. 6. Tender, declarations and documents referred to in point 10.4. Instructions for Contractors - Chapter I SWZ (including the declaration of the Contractor's EED), submitted to confirm the absence of grounds for exclusion and compliance with the conditions for participation in the procedure, are drawn up in electronic form, in generally available data formats, in particular in .txt, .rtf, .pdf, .doc, .docx, .odt. formats, while it is recommended to use files in .pdf format. The tender, declarations and documents referred to above, failing which they shall be null and void, shall be drawn up and sent to the Ordering Party in electronic form, signed by a qualified electronic signature of the person authorised to represent the entity – the issuer of the document in accordance with the form of representation specified in the register or other document appropriate to the given organisational form or by a proxy. 7. The Contractor shall be required to lodge a performance bond for an amount representing 5% of the gross price offered. The requirements for securing the performance of the contract are set out in point. 22 Instructions for Contractors (Chapter I SWZ). 8.The Contractor will be bound by the submitted tender until 02.07.2025.
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