Usługi - 330013-2020

Submission deadline has been amended by:  375585-2020

Unrevised Machine Translation

14/07/2020    S134

Poland-Ustroń: Sewage, refuse, cleaning and environmental services

2020/S 134-330013

Contract notice

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Miasto Ustroń
Postal address: Rynek 1
Town: Ustroń
NUTS code: PL225 Bielski
Postal code: 43-450
Country: Poland
Contact person: Józef Kuczera
E-mail: zamowieniapubliczne@ustron.pl
Telephone: +48 338579300
Fax: +48 338579330

Internet address(es):

Main address: http://www.ustron.pl

I.2)Information about joint procurement
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: www.ustron.bip.info.pl
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://epuap.gov.pl/wps/portal
Tenders or requests to participate must be submitted to the abovementioned address
I.4)Type of the contracting authority
Regional or local authority
I.5)Main activity
General public services

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Municipal waste received and managed from the town of Ustroń from property owners

Reference number: ZP.271.1.26.2020
II.1.2)Main CPV code
90000000 Sewage, refuse, cleaning and environmental services
II.1.3)Type of contract
Services
II.1.4)Short description:

The subject of the contract is the successive provision of a service consisting of the collection and management of municipal waste from the city of Ustroń from the owners of the property in which the residents (including mixed properties) are resident and from the properties on which the holiday cottages or other properties are located in such a way as to ensure that adequate levels of recycling, preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable municipal waste transferred to landfill are achieved, in accordance with the applicable rules.

II.1.5)Estimated total value
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
90513100 Household-refuse disposal services
90512000 Refuse transport services
90533000 Waste-tip management services
90500000 Refuse and waste related services
II.2.3)Place of performance
NUTS code: PL225 Bielski
Main site or place of performance:

city of Ustroń, POLAND

II.2.4)Description of the procurement:

The subject of the contract is the successive provision of a service consisting of the collection and management of municipal waste from the city of Ustroń from the owners of the property in which the residents (including mixed properties) are resident and from the properties on which the holiday cottages or other properties are located in such a way as to ensure that adequate levels of recycling, preparation for re-use and recovery of other methods and the reduction of the mass of biodegradable municipal waste transferred to landfill are achieved, in accordance with the applicable rules.

The minimum quantities of waste for reception and management by fractions shall be equal to the following:

Mixed municipal waste — 2 000 Mg,

Bulky waste: 200 Mg,

— construction waste: 150 Mg,

Biodegradable waste: 180 Mg,

— Other sorted wastes: 400 tonnes.

A detailed description of the subject of the contract is attached as Annex 1 to the SIWZ.

Note!

The contracting authority states that, in the performance of the contract, the contract is governed by the right of option, which means that the quantities given above are the minimum quantities to be valued in the price bid. Where the scope of the service is greater than that specified in the price form, the contracting authority has the option to increase the subject matter of the contract to the following maximum values, i.e.:

Mixed (mixed) municipal waste: 7 000 Mg,

Bulky waste: 1 000 Mg,

— construction waste: 2 000 Mg,

Biodegradable waste: 1 700 Mg,

— Other sorted wastes: 2 000 tonnes.

The conditions for exercising the right of option:

The use of the optional order will depend on the actual needs of the contracting authority as the power to which it may or may not use.

The contracting authority is entitled to exercise the right of option for the duration of the contract.

Procurement under the option law is a unilateral mandate by the contracting authority. Failure to submit a contract subject to the right of option shall not give rise to any claim against the Contractor in respect of the Contracting Authority.

The Contractor is required to carry out the legal order of the option under the conditions described in the ToR and in the draft contract.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 01/01/2021
End: 31/12/2021
This contract is subject to renewal: no
II.2.10)Information about variants
Variants will be accepted: no
II.2.11)Information about options
Options: yes
Description of options:

The minimum quantities of waste for reception and management by fractions shall be equal to the following:

Mixed municipal waste — 2 000 Mg,

Bulky waste: 200 Mg,

— construction waste: 150 Mg,

Biodegradable waste: 180 Mg,

— Other sorted wastes: 400 Mg,

The contracting authority states that, in the performance of the contract, the contract is governed by the right of option, which means that the quantities given above are the minimum quantities to be valued in the price bid. Where the scope of the service is greater than that specified in the price form, the contracting authority has the option to increase the subject matter of the contract to the following maximum values, i.e.:

Mixed (mixed) municipal waste: 7 000 Mg,

Bulky waste: 1 000 Mg,

— construction waste: 2 000 Mg,

Biodegradable waste: 1 700 Mg,

— Other sorted wastes: 2 000 tonnes.

The conditions for exercising the right of option:

The use of the optional order will depend on the actual needs of the contracting authority as a power which he may not have to use.

The contracting authority is entitled to exercise the right of option for the duration of the contract.

Procurement under the option law is a unilateral mandate by the contracting authority. Failure to submit a contract subject to the right of option shall not give rise to any claim against the Contractor in respect of the Contracting Authority.

The Contractor is required to carry out the legal order of the option under the conditions described in the ToR and in the draft contract.

II.2.12)Information about electronic catalogues
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

The Contractor will comply with the condition if he can show that he has:

1. an entry in the register of regulated activities for the collection of municipal waste from property owners in accordance with Article 9b of the Act of 13 September 1996 on the maintenance of cleanliness and order in the municipality (Journal of Laws 2018, item). 1454, as amended);

2. entry in the register referred to in Article 49 of the Waste Act of 14 December 2012 to the extent that the subject matter of the contract is covered at the minimum;

3. entry in the register referred to in Article 49 of the Waste Act of 14 December 2012 on the collection of waste electrical and electronic equipment on the basis of the Act of 11 September 2015 on waste electrical and electronic equipment.

Tenderers who are not excluded shall be entitled to apply for the award of the contract. The contracting authority shall exclude from the procedure the Contractor in the cases referred to in Article 24 (1). 1 points 12 to 23 of the ‘mandatory exclusion grounds’. In proceedings for the award of a contract, the Contracting Authority shall also exclude the Contractor in the following cases, as chosen by the Contracting Authority for the reasons for exclusion provided for in Article 24 (1). 5 of the Public Procurement Act:

In the case of which the liquidation has been opened, in the course of the restructuring procedure approved by the court, the creditors shall have the capacity to satisfy creditors by the liquidation of their assets or have ordered the liquidation of their assets in accordance with Article 332 (1). 1 of the Restructuring Act of 15 May 2015 (Journal of Laws 2017, item 1508 and 2018 (149), (398), (1544) and (1629), or declared bankrupt, with the exception of the Contractor who, after the declaration of insolvency, has entered into a system approved by a final court order, if the system does not provide for the creditors to meet their assets by liquidating the bankrupt’s assets, unless the court has ordered the liquidation of its assets in accordance with Article 366 (1). 1 of the Bankruptcy Act of 28 February 2003 (Journal of Laws 2017, item 2344 and 2491 and 2018 398, 685, 1544 and 1629). To be certified by the Contractor, whose tender has, at the most, assessed the absence of grounds for exclusion in accordance with Article 26 (1). 1 The Contracting Authority shall require the following declarations and documents to be lodged within a time limit of not less than 10 days: a copy from the relevant register or a central register and information on the economic activity, where separate provisions require an entry in a register or a register in order to confirm the absence of grounds for exclusion on the basis of Article 24 (1). 5 point 1 of the Public Procurement Act.

The documents to be submitted by a contractor established outside the Republic of Poland shall be determined in accordance with § 7 and § 8. 1 Regulation of the Minister for Development of 26.7.2016 on the types of documents that may be requested by the Contracting Authority from the Contractor in a public procurement procedure. In order to confirm the absence of grounds to exclude the Contractor from the proceedings referred to in Article 24 (1). 1 point 23 of the Act, the Contractor shall submit a declaration in accordance with Article 24 (1) of the Act. 11 of the Act (within 3 days of the publication on the website of the information referred to in Article 86 (1). 5 of the Act).

III.1.2)Economic and financial standing
List and brief description of selection criteria:

A demonstration by the Contractor that:

1. is insured against civil liability in respect of activities relating to the subject matter of the contract to a guarantee sum of not less than PLN 500 000,00 or to the foreign exchange at an amount equal to the zloty equivalent to the foreign exchange published by the NBP in force on the date on which the contract notice was published in the Official Journal of the European Union;

2. holds funds or credit standing for the implementation of this public contract of at least PLN 400 000,00.

In order to confirm compliance by the Contractor with a maximum of the assessment of the above condition for participation in the proceedings, in accordance with Article 26 (1). 1 The Contracting Authority shall require the following declarations and documents to be lodged within a time limit of not less than 10 days:

Ad. 1. a document certifying that the Contractor is insured against civil liability in respect of the activities relating to the subject-matter of the contract for the guarantee sum specified by the Contracting Authority in point 6.2.2.1 of the SIWZ.

Ad. 2. information from a bank or a credit union confirming the amount of funds held or the credit standing of the Contractor, not earlier than 1 month before the closing date for the submission of tenders.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

A Contractor shall be deemed to have a minimum level of ability that:

1. dispose of the following tools for the performance of the procurement, plant equipment or technical equipment (including information on the basis of the availability of these resources):

— a vehicle designed to receive mixed municipal waste of at least 2 pieces,

— a vehicle designed to receive separately collected municipal waste — at least 2 pieces,

— a vehicle to receive waste without a rotary compact device with two axles (4 x 4) — at least 1 piece;

2. has carried out during the last three years before the closing date for the submission of tenders and, if the period of operation is shorter, during that period, or continues to perform at least 1 service, the collection of mixed and separately collected municipal waste shall not be less than 2 500 tonnes of municipal waste mixed and separately collected together with an indication of its value, subject matter, dates of implementation and to the bodies to which the services have been performed, accompanied by the evidence of whether the service has been performed or is carried out properly.

Evidence is here: references or other documents issued by the body to which the service has been performed or is still being performed, and if, for a valid reason of objective character, the Contractor is unable to obtain those documents, a statement by the Contractor. In the case of services, references or other documents proving the proper implementation of the minimum scope, i.e. 2 500 tonnes must be issued not earlier than 3 months before the closing date for submission of tenders.

In order to confirm compliance by the Contractor with a maximum of the assessment of the above condition for participation in the proceedings, in accordance with Article 26 (1). 1 The Contracting Authority shall require the following declarations and documents to be lodged within a time limit of not less than 10 days:

Ad. The 1th list, which has been completed or carried out during the last 3 years before the closing date for the submission of tenders, and, if the activity period is shorter, at least 1 of the services consisting of the collection of municipal waste from real estate in an amount of not less than 6 500 Mg (including their values, subject-matter, dates of implementation and those to whom the services have been performed) shall, in accordance with the model set out in Annex 5 to the SIWZ, be accompanied by evidence showing whether those services have been performed or are provided duly, the evidence referred to, references or other documents issued by the body to which the services are provided and, in the case of periodic or continuous services, be carried out and, if, for a valid objective reason, the Contractor is unable to obtain those documents, a statement by the Contractor; in the case of periodic or continuous service, the references, or any other supporting documents, must be issued not earlier than 3 months before the closing date for submission of tenders.

Ad. 2. the list of tools, plant equipment or technical facilities available to the Contractor for the performance of a public contract, together with information on the basis of the availability of these resources — the model list is set out in Annex 6 to the Terms of Reference.

III.1.5)Information about reserved contracts
III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

1. The terms of the contract which are of relevance for the Contracting Authority are set out in Annex 7 to the Terms of Reference for the Agreement.

2. The contracting authority shall provide for the possibility of amending the provisions of the contract concluded in relation to the content of the tender on the basis of which the Contractor was selected, in accordance with the conditions set out in paragraph 10 of the draft contract, as set out in Annex 7 to the Terms of Reference.

3. The successful tenderer shall be required, before the contract is signed, to lodge a performance guarantee equal to 2 % of the gross tender price.

III.2.3)Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Open procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 17/08/2020
Local time: 08:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
IV.2.4)Languages in which tenders or requests to participate may be submitted:
Polish
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Duration in months: 2 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders
Date: 17/08/2020
Local time: 09:00
Place:

Ustroń City Authority, address: UL. Market 1, 43-450 Ustroń, session Room, No. 1, POLAND.

The bid must be secured by a security of: PLN 20 000,00 (twenty thousand PLN) — details in the SIWZ.

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: yes
Estimated timing for further notices to be published:

July 2021

VI.2)Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional information:

1. In selecting the most advantageous tender, the contracting authority will be guided by the following criteria: gross price — 60 points and payment deadline for invoices — 40 points

2. Applicable to section IV.2.6 — min. the duration of the Contractor’s tender will be 60 days. The period for submitting tenders shall begin to run on the closing date for submission of tenders.

3. The procedure is conducted by means of an open tender procedure under the so-called reverse procedure (applying Article 24 aa of the Public Procurement Act).

4. In order to prove that there are no grounds for exclusion from the procurement procedure and to fulfil the conditions for participation in the procedure laid down by the Contracting Authority in point 6.2, the closing hope must be submitted as a form of a single European order document form (hereinafter: One) which is set out in Annex 2 to the Terms of Reference. The information contained in the form ONE shall constitute a preliminary confirmation that the Contractor is not subject to exclusion from the proceedings and meets the conditions for participation in the proceedings. The electronic version of the document is posted on the website (www.ustron.bip.info.pl).

VI.4)Procedures for review
VI.4.1)Review body
Official name: Prezes Krajowej Izby Odwoławczej
Postal address: ul. Postępu 17a
Town: Warszawa
Postal code: 02-676
Country: Poland
E-mail: odwolania@uzp.gov.pl
Telephone: +48 224587801
Fax: +48 224587800

Internet address: http://www.uzp.gov.pl

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

1. The rules, time limits and the use of legal remedies are governed in detail by the provisions of Chapter VI of the Act — Legal remedies (Article 179 to 198 g of the Act).

2. The legal remedies provided for in Chapter VI shall be the responsibility of the Contractor, the participant to the competition and any other body if he or she has or has had an interest in obtaining the order and has suffered or is likely to be harmed by an infringement by its Schedule.

3. The measures of legal protection against a contract notice and the SIWZ shall also be granted to organisations which are included in the list of organisations entitled to bring legal proceedings and are maintained by the President of the UZP.

4. Time limits for the lodging of appeals:

4.1. The appeal is to be lodged as follows: within 10 days from the date on which the information on the operation of the Zamlawso is sent, which is the basis on which it was lodged, if it has been sent as referred to in Article 180 (1). 5 of the Act, second sentence or within 15 days if they have been sent by other means.

4.2. The reference to the text of the contract notice and to the provisions of the Terms of Reference shall be lodged within: 10 days from the date of publication of the notice in the OJ of the EU or on the website.

4.3. An appeal shall be lodged against actions other than those referred to in points 4.1 and 4.2: within 10 days of the date on which due care was taken or due diligence was exercised, the circumstances on which it was based could have been known.

5. An appeal may be lodged only against the acts incompatible with the statutory provisions of the Law on the award of a contract or of an act which the contracting authority is required to take under the Act.

5.1. An appeal must indicate the acts or omissions of Zabmaw. alleged non-compliance with the provisions of the Act, contain a summary of the pleas in law, specify the claim and indicate the factual and legal circumstances justifying the lodging of the appeal.

5.2. An appeal shall be brought before the President of the Chamber either in paper form or in electronic form, duly signed by hand or by a qualified electronic signature.

5.3. An appeal shall be examined if:

(a) do not contain any formal defect;

(b) the alert has been paid (the alert shall be paid at the latest by the date on which the appeal expires and the proof of receipt shall be accompanied by the appeal).

5.4. The appellant shall forward a copy of the appeal to the Contracting Authority before the expiry of the time-limit for bringing an appeal in such a way that it can take note of its contents before the expiry of that period. The Contracting Authority shall be deemed to have become aware of the content of the appeal before the expiry of the period for lodging it, if the copy of the appeal was sent before the expiry of the time-limit for bringing the appeal in question by means of electronic communication.

6. The decision of the Chamber of the parties and the participants in the appeal proceedings may be appealed to the courts.

6.1. In proceedings pending subsequent to the introduction of the application, the provisions of the Code of Civil Procedure of 17 November 1964 on appeals apply if the provisions of the Act do not provide otherwise. If the end of the time limit for performing the activity falls on a Saturday or a public holiday, the period shall end on the day following or days on which the public holiday is paid.

6.2. The action shall be brought before the court with jurisdiction for the registered office or the place of residence of the defendant, via the President of the Chamber, within 7 days of service of the decision of the Association, with a copy to the opponent. The lodging of a complaint within the postal service of the designated operator shall be equivalent to the lodging of the complaint.

6.3. The President of the Office may also lodge a complaint within 21 days of the decision being delivered. The UI can also proceed to an ongoing progress. The provisions of the Code of Civil Procedure Act of 17 November 1964 on the Prosecutor’s Office shall apply mutatis mutandis to the activities undertaken by the MOU.

6.4. The action must comply with the procedural requirements laid down for the written procedure and include the identification of the judgment under appeal, etc.

6.5. As a result of an action, the form of order sought cannot be extended.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Krajowa Izba Odwoławcza
Postal address: ul. Postępu 17a
Town: Warszawa
Postal code: 02-676
Country: Poland
E-mail: odwolania@uzp.gov.pl
Telephone: +48 224587801
Fax: +48 224587800

Internet address: http://www.uzp.gov.pl

VI.5)Date of dispatch of this notice:
09/07/2020