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Poland-Rzeszów: Construction work for highways, roads
Section I: Contracting authority
Section II: Object
Design and construction of the S19 expressway on the Jawornik — Lutcza section approx. 5.25 km
Eastern macro-region, Podkarpackie voivodship, POLAND
As part of the procurement, design and construction of:
• an expressway with a double-carriageway section about 5.25 km: Place of Operation of Travellers ILO II Jawornik on the right (i.e. ILO I with reserve area under ILO II);
• T-2 Twelve Road Tunnel;
• technical buildings at the tunnel and equipment;
• road engineering structures;
• reconstruction of existing roads in the case of collisions with the S19 route;
• additional carriageways serving adjacent land;
• hardening of the site for maintenance;
• technical routes;
• infrastructure for pedestrians and cyclists;
• environmental protection facilities including animal crossings;
• acoustic, anti-air and anti-air barriers;
• infrastructure for facilities located along the expressway, including: power supply and lighting, rainwater and purification systems, pumping and waste water pumping stations, process and other channels;
• conversion of conflicting facilities and networks of existing underground and above-ground infrastructure — demolition of buildings and structures;
• road markings and road safety equipment;
• road and tunnel traffic management system;
• technological channels;
• planting of green;
• construction or alteration of exits to plots;
• securing landslides and predisposed landslides;
• other preparatory, support and structuring work.
Above EUR 5 382 000.
The contract is intended for co-financing from funds from the European Union and from funds available to the Director General of National Roads and Motorways.
1. The contractor is required to lodge a security of PLN 15 400 000.00.
2. The Contractor shall lodge a performance guarantee for an amount equal to 10 % of the gross price of the tender.
3. The contracting authority allows for an advance payment of between 1 and 10 % of the gross value of the contract and will then require the lodging of a security for the advance payment.
Section III: Legal, economic, financial and technical information
1. The contractor must show the average annual revenue for the last three financial years as specified below and, if the period of operation is shorter, for that period (based on the ‘Profit and loss account’ item ‘Net income from sales of products, goods and materials’ or ‘Net turnover and treated as such’).
2. The contractor must demonstrate financial means or creditworthiness of the amount specified below.
3. In order to confirm that the Contractor has fulfilled the economic and financial conditions for participation in the procedure, the Contractor shall submit:
(a) part of the financial statements, the profit and loss account where the report is required by the law of the country in which the Contractor is established and, if audited by an audit firm in accordance with the accounting rules, the audit report, as applicable, and, in the case of Contractors not required to draw up financial statements, other documents specifying, in particular, revenue and assets and liabilities for a period not exceeding the last 3 financial years or, if the period of operation is shorter, for that period;
information from a bank or a cooperative savings and credit union confirming the amount of funds held or the creditworthiness of the Contractor during a period not earlier than 3 months prior to its submission;
1. The average annual revenue for the last three financial years and, if the period of operation is shorter, for that period of not less than PLN 410 000 000.00.
2. Having financial means or creditworthiness of not less than PLN 120 000 000.00.
3. The values given in the documents in currencies other than those indicated by the Contracting Authority must be converted:
— for ‘revenue’, according to the NBP’s average exchange rate at the end of the financial year,
— for ‘financial assets/creditworthiness’ held, according to the NBP’s average exchange rate at the date of issue of the document.
In the case of jointly awarded Contractors, fulfilment of the conditions set out above shall be indicated jointly by the Contractors.
1. The contractor must demonstrate the following knowledge and experience in performing (completed) within the last 7 years before the deadline for submission of tenders, or, if the period of activity is shorter, during that period, tasks consisting of the construction or reconstruction of roads or streets, bridge structures and tunnels, with the parameters set out below.
2. The contractor must identify the persons who will be involved in the performance of the contract, possessing professional qualifications and experience appropriate to the functions to be assigned to them.
The Contractor shall identify, for the functions listed below, persons who must be available at the stage of performance of the contract and who meet the requirements set out below.
3. In order to confirm that the Contractor has fulfilled the technical or professional conditions for participation in the procedure, the Contractor shall submit:
(a) a list of the works carried out not earlier than the last 7 years and, if the period of operation is shorter, during that period, together with an indication of their nature, value, date and place of performance and the entities for which the works were carried out and accompanied by evidence showing whether the works have been properly carried out, the evidence in question being references or other documents drawn up by the entity on whose behalf the works were carried out and, if the Contractor is unable to obtain those documents for reasons beyond his control, other relevant documents.
The 7-year period referred to above shall be calculated retroactively from the date on which the deadline for the submission of tenders expires;
(b) a list of the persons assigned by the Contractor to the performance of the public contract, in particular those responsible for the provision of services, quality control or the management of the works, together with information on their professional qualifications and experience necessary for performance of the public contract, the extent of their activities and the basis on which they may dispose of those persons;
1. The contractor must demonstrate knowledge and experience in performance (end) during the last 7 years before the deadline for receipt of tenders and, if the period of operation is shorter, during that period, at least:
(a) 1 task consisting of the construction or reconstruction of roads or streets with a road class or street of min. Dual-carriageway GP with a net value of at least PLN 200 million.
(b) the construction or reconstruction of 1 bridge structure with load for Class A or Class I,
(C) the construction or reconstruction of 1 bridge structure with a load for Class A or Class I and a total object length of at least 50 m measured between extreme diffuses of the object,
(D) the construction or reconstruction of 1 bridge structure with a load for Class A or Class I and a theoretical bay width of at least 50 m.
(e) the construction of a tunnel of at least 500 m in length by mining or discrete (full-cross-section).
Each identified task can at the same time confirm the fulfilment of several
of the above conditions.
The Contracting Authority will consider a road or street as a road or street within the meaning of the Public Roads Act of 21 March 1985 (Journal Journal of Laws 2021, item 1376 as amended).
The Contracting Authority will consider a bridge structure within the meaning of the Regulation of the Minister for Transport and the Maritime Economy of 30 May 2000 on the technical conditions to be met by road engineering structures and their location as bridge structures (Journal Journal of Laws 2000, No 63, item 735 as amended).
2. The contractor must identify the persons who will be involved in the performance of the contract, possessing professional qualifications and experience relevant to the function to be entrusted to them.
The Contractor shall, for the functions listed below, identify persons who must be available at the stage of performance of the contract and who fulfil the following requirements:
(a) person proposed to act as Construction Manager
number of persons required: 1
Minimum 12 months of experience over the duration of construction works with 1 or 2 tasks involving construction or reconstruction or supervision of the construction or reconstruction of roads or streets in the class of min. Dual-carriageway GP with a net value of at least PLN 200 million each at the post(s):
Head of Construction
Head of Road Works for a section of 4 km or more
Manager of Most Works for the construction or reconstruction of at least 1 bridge structure with a load for Class A or Class I and a theoretical bay width of at least 50 m
(b) Person proposed to act as Head of Works for Tunnel Construction
Minimum 12 months experience during the duration of the tunnel works with at least 1 project involving the construction of a tunnel of at least 500 m in length by mining or discrete (full-cross-section) at the following position:
Head of Construction
Manager of the tunnel construction works.
(C) person proposed to perform the function of Tunnel Designer
Experience in drawing up design documentation consisting of at least a construction project for the construction of at least 1 road tunnel with a length of at least 500 m carried out by mining or discrete methods at the stand(s):
The Contracting Authority shall not allow the presentation of one person to perform more than one of the listed functions.
Due to the limited number of characters that can be added to the content of the notice, the remaining information is provided in the EWZ available together with this notice on the Platform.
1. Performance of the contract is subject to Polish law, including in particular the Construction Law Act of 7 July 1994, the Civil Code of 23.4.1964 and the Public Procurement Law Act of 11 September 2019.
2. The conditions for the implementation of the contract, the permissible amendments to the contract and the definition of the conditions for amendments were set out in the EWZ.
3. The requirements for the contractor or subcontractor to employ on the basis of an employment relationship persons performing the tasks specified by the Contracting Authority in the performance of the contract were
as defined in the Video II in particular.
Section IV: Procedure
Tenders will be opened via the Purchase Platform at https://gddkia.eb2b.com.pl/
Section VI: Complementary information
1.Communication in proceedings shall be carried out using the Platform. DIA must have an account free of charge
on the Platform. Technical requirements: continuous access to guaranteed internet connectivity
not less than 4/1mb/s; PC or MAC class computer configuration: RAM min8GB memory, processor
duplicating min,2,4GHz, one of the MS Windows operating systems, Mac OS,
Linux with current manufacturer’s technical support (suggested not more than 3 years from date
initiation of proceedings); any web browser suggested by the latest versions:
file formats used by the Side (e.g.: Acrobat Reader for pdf files. Documentation
the proceedings are available on the Platform. See point 14 of Volume I of the CTS. 2.It will be
has applied the procedure referred to in Article 139. 1 PPL (% of measles). 3.The Exhibition is required to file with the Axis Tender
non-executive and conditional participation in the post in the form of the European Single Procurement Document
(JEDZ). 4.In the case of joint competition by the Executive, the JED shall consist of each of the Exhibits
No exclusion and fulfilment of the conditions for participation in the procedure
to the extent that each of the Exhibits demonstrates that the conditions for participation in the procedure are met. 5.In the case of
where the Execution relies on the capacities or situation of the providers of resources to demonstrate a lack of
the existence of grounds for exclusion against them and the fulfilment of the conditions for participation in the procedure shall be submitted by the EHIC.
which also apply to those entities, in so far as the Exhibition relies on their resources. 6.In respect of ‘parts’
IV Eligibility criteria’ of the EYD, the IC may be limited to filling in the alpha section, in which case
does not fill in any of the other sections (A-D) of Part IV of the JED. 7.On the procurement procedure
the Is in respect of which any of the circumstances referred to in Article 108 apply shall be excluded.
paragraph 1 and 2 and Article 109 paragraphs Points (1), (2) (a), (3) as far as it relates to point. 2 (a), (4) to (10) of the PPL, and
DIA in relation to which the circumstances referred to in Article 7(a) apply. 1 Act of 13.04.2022
specific arrangements for countering the promotion of aggression against Ukraine and for
the protection of national security and Article 5k of Reg. Of the Council (EU) No 833/2014 of 31.7.2014
concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.
8.On summons, the IC shall submit the subjective evidence in question.
in Article 2(1)(1) to (7) of Regulation (EC) No. MRPiT of 23 December 2020 on subjective evidence and other means of proof
documents or declarations which may be requested from the Execution Body as regards the grounds for exclusion from the procedure
as indicated by Zam in point. 7 above. 9.If you have a registered office or place of residence outside the borders
The Republic of Poland is required to submit the subjective evidence referred to in §4 of the Regulation.
referred to in point 8 above. 10.If the Execution relies on the capabilities or situation of resource providers
it is required to submit subjective measures of inquiry in respect of those entities in accordance with Paragraph 5.
Regulation referred to in point 8 above. 11.It requires design works and Works upon award
the operating authorisation decisions are completed within 59 months of the date of conclusion of the contract.
Winter periods (1 December to 31 March, calculated as four months) are not counted until the works are completed. The time covered by the design includes winter periods (1 December to 31 March, counted
four months). 12.At provides for the possibility of awarding contracts as referred to in Article 214. 1
point 7) of the PPL to the extent described in the RCI. 13.It provides for the possibility of disregarding the award of a contract pursuant to Article 257 of the Public Procurement Act if the funds you intended to use to finance all or part of the contract are not awarded to it.
1. The economic operator, as well as another entity, if it has or has had an interest in obtaining the contract and has suffered or is likely to suffer damage as a result of a breach by the Contracting Authority of the provisions of the Public Procurement Act, has the legal remedies specified in Section IX of the Public Procurement Act. The organisations included in the list referred to in Article 469(15) of the Public Procurement Act and the Ombudsman for Small and Medium-sized Enterprises are also entitled to legal protection against the contract notice and the procurement documents.
2. Only actions taken by the Contracting Authority in the present procurement procedure which are incompatible with the provisions of the Public Procurement Act, including the draft provisions of the contract, and failure to take any action which the Contracting Authority was required to take pursuant to the Public Procurement Act, may be appealed against.
3. The appeal should contain the information referred to in Article 516 of the PPL.
4. The appeal shall be lodged with the President of the Chamber in writing, either in electronic form or in electronic form bearing a trusted signature.
5. The appellant shall send a copy of the appeal to the Contracting Authority before the expiry of the time-limit for lodging an appeal in such a way as to enable him to become acquainted with its contents before the expiry of that time-limit. The contracting authority shall be presumed to have been able to acquaint himself with the content of the appeal before the expiry of the time-limit for lodging the appeal if a copy of the appeal was sent before the expiry of the time-limit for lodging the appeal by electronic means. A copy of the appeal should be sent to the contracting authority via the Platform. Once you have submitted to the proceedings, you must use the ‘Proceedings’ tab, select ‘My proceedings’ and then select these proceedings and use the ‘Questions/Information’ tab, the ‘New/sent’ button and then ‘Add question/comment’ to submit the content of the appeal or attach files.
6. Time limits for bringing an appeal:
1 An appeal shall be lodged within 10 days of the date on which the information on the action taken by the Contracting Authority on which it was based was sent — if the information was provided using electronic means of communication or within 15 days — if it was communicated by other means;
(2) An appeal against the content of the contract notice or the procurement documents shall be filed within 10 days of the publication of the notice in the Official Journal of the European Union or of the placing of the procurement documents on the Platform;
Appeal against acts other than those referred to in paragraph 3. (1) and (2) above shall be lodged within 10 days of the date on which the circumstances on which the application was based were or could have been known in the exercise of due diligence.
4) If the Contracting Authority has not sent the Contractor the notice of selection of the most advantageous tender, the appeal shall be lodged no later than:
(a) 30 days from the date of publication of the contract award notice in the Official Journal of the European Union;
6 months after the date of conclusion of the contract if the Contracting Authority has not published a contract award notice in the Official Journal of the European Union;
7. The detailed rules for the procedure following an appeal are laid down in the relevant provisions of Section IX of the Public Procurement Act.
8. Appeals against the decision of the National Board of Appeal, the parties and the parties to the appeal proceedings may be brought before the Regional Court in Warsaw — the Public Procurement Court.
9. The complaint shall be lodged through the President of the National Board of Appeal within 14 days of the date of service of the decision of the National Board of Appeal or of the decision of the President of the Chamber referred to in Article 519. 1 of the Public Procurement Act, at the same time sending a copy to the opponent of the complaint. Lodging a complaint at the post office of the designated operator within the meaning of the Postal Law Act of 23 November 2012 is equivalent to lodging a complaint.
10. An appeal on a point of law may be lodged with the Supreme Court against a court judgment or a decision closing the proceedings.