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Works - 360282-2022

Submission deadline has been amended by:  475809-2022

Unrevised Machine Translation

05/07/2022    S127

Poland-Rzeszów: Construction work for highways, roads

2022/S 127-360282

Contract notice

Works

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Generalna Dyrekcja Dróg Krajowych i Autostrad ul. Wronia 53, 00-874 Warszawa, Prowadzący postępowanie: Generalna Dyrekcja Dróg Krajowych i Autostrad Oddział w Rzeszowie
Postal address: ul. Legionów 20
Town: Rzeszów
NUTS code: PL82 Podkarpackie
Postal code: 35-959
Country: Poland
Contact person: Agnieszka Sroczyk
E-mail: sekretariat_rzeszow@gddkia.gov.pl
Telephone: +48 178534071
Fax: +48 178623915
Internet address(es):
Main address: http://www.gddkia.gov.pl/
Address of the buyer profile: http://www.gddkia.gov.pl/
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://gddkia.eb2b.com.pl/
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://gddkia.eb2b.com.pl/
I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Other activity: zarządzanie drogami krajowymi

Section II: Object

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

Design and construction of the S19 expressway on the Jawornik — Lutcza section approx. 5.25 km

Reference number: O.RZ.D-3.2410.5.2022
II.1.2)Main CPV code
45233100 Construction work for highways, roads
II.1.3)Type of contract
Works
II.1.4)Short description:

Design and construction of the S19 expressway on the Jawornik — Lutcza section approx. 5.25 km

II.1.5)Estimated total value
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
32570000 Communications equipment
34922100 Road markings
44423400 Signs and related items
45100000 Site preparation work
45111000 Demolition, site preparation and clearance work
45111200 Site preparation and clearance work
45111300 Dismantling works
45112000 Excavating and earthmoving work
45112710 Landscaping work for green areas
45221000 Construction work for bridges and tunnels, shafts and subways
45231000 Construction work for pipelines, communication and power lines
45231110 Pipelaying construction work
45231220 Construction work for gas pipelines
45231221 Gas supply mains construction work
45231223 Gas distribution ancillary work
45232130 Storm-water piping construction work
45232150 Works related to water-distribution pipelines
45232440 Construction work for sewage pipes
45232451 Drainage and surface works
45232452 Drainage works
45233000 Construction, foundation and surface works for highways, roads
45233120 Road construction works
45233140 Roadworks
45233200 Various surface works
45316000 Installation work of illumination and signalling systems
71320000 Engineering design services
71330000 Miscellaneous engineering services
71332000 Geotechnical engineering services
45210000 Building construction work
II.2.3)Place of performance
NUTS code: PL82 Podkarpackie
Main site or place of performance:

Eastern macro-region, Podkarpackie voivodship, POLAND

II.2.4)Description of the procurement:

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.

II.2.5)Award criteria
Criteria below
Quality criterion - Name: Przedłużenie Okresu Gwarancji Jakości na elementy: Wyposażenie Tunelu, Wyposażenie Budynków Technicznych BT3, BT4 oraz instalacje zasilające, konstrukcje wsporcze / Weighting: 20
Quality criterion - Name: Przedłużenie Okresu Gwarancji Jakości na obiekty mostowe w rozumieniu rozporządzenia Ministra Transportu i Gospodarki Morskiej z dnia 30 maja 2000 roku w sprawie warunków technicznych, jakim powinny odpowiadać drogowe obiekty inżynierskie i ich usytuowanie, wraz ich z wyposażeniem, tj. w zakresie: konstrukcji pomostu, konstrukcji dźwigarów głównych, przyczółków, filarów, łożysk, izolacji wodoszczelnych, zabezpieczenia przerw dylatacyjnych, konstrukcji schodów i pochylni / Weighting: 10
Quality criterion - Name: Przedłużenie Okresu Gwarancji Jakości na tunele oraz konstrukcje oporowe w tym portale tuneli w rozumieniu rozporządzenia Ministra Transportu i Gospodarki Morskiej z dnia 30 maja 2000 roku w sprawie warunków technicznych, jakim powinny odpowiadać drogowe obiekty inżynierskie i ich usytuowanie, tj. w zakresie: obudowy wstępnej, obudowy ostatecznej, konstrukcji: płyty podjezdniowej, nisz, punktów alarmowych, przejść poprzecznych, przejazdów awaryjnych oraz schodów i pochylni, izolacji i ochrony przeciwwodnej, powłok ochronnych, zabezpieczenia przerw dylatacyjnych, urządzeń odwadniających oraz elementów konstrukcyjnych konstrukcji oporowych i portali tuneli / Weighting: 10
Price - Weighting: 60
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Duration in months: 59
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: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:

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.

II.2.14)Additional information

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

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:

Not applicable

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

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;

Minimum level(s) of standards possibly required:

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.

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

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;

Minimum level(s) of standards possibly required:

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).

Comments:

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

Professional experience:

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

or

Head of Road Works for a section of 4 km or more

or

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

or

Contract Engineer

or

Resident engineer.

(b) Person proposed to act as Head of Works for Tunnel Construction

number of persons required: 1

Professional experience:

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

or

Manager of the tunnel construction works.

(C) person proposed to perform the function of Tunnel Designer

number of persons required: 1

Professional experience:

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):

Lead Designer

or

Designer Tunelu.

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.

https://gddkia.eb2b.com.pl/.

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

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.

III.2.3)Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing 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.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 09/08/2022
Local time: 11:00
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
Tender must be valid until: 06/12/2022
IV.2.7)Conditions for opening of tenders
Date: 09/08/2022
Local time: 11:15
Place:

Tenders will be opened via the Purchase Platform at https://gddkia.eb2b.com.pl/

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.2)Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
VI.3)Additional 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:

Chrome,Safari,Edge,Firefox,Opera; JavaScript enabled; software installed to support

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.

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: sekretariat@uzp.gov.pl
Telephone: +48 224587702
Fax: +48 224587700
Internet address: http://www.uzp.gov.pl
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

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.

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Urząd Zamówień Publicznych –Biuro Odwołań
Postal address: ul. Postępu 17a
Town: Warszawa
Postal code: 02-676
Country: Poland
E-mail: odwolania@uzp.gov.pl
Telephone: +48 224587801
Internet address: http://www.uzp.gov.pl
VI.5)Date of dispatch of this notice:
30/06/2022