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Poland-Warsaw: Refuse-incineration plant construction work
Section I: Contracting authority
Main address: www.mpo.com.pl
Section II: Object
Contract 5, Design and development of an installation for the Thermal Waste Processing Facility in ZUSOK (ZUSOK) in Warsaw
Contract 5 — Design and development of the Thermal Waste Processing Facility in ZUSOK, in Warsaw, carried out under the Project: Construction and modernisation of Zakład Unieszkodliwiania Odpadów Komunalny at ul. Zaragoza 2 in the Targówek district district in Warsaw.’
1. The contracting authority states that the object of the contract is to be carried out with the active technology ZUSOK. When submitting a tender, the Contractor shall at the same time ensure that the continuity of the work of ZUSOK is not interrupted or suspended.
2. The subject of the contract, Contract 5, covers in particular the execution of:
2.1 Project works for ZUSOK, in particular:
— The executive board of the demolition,
— Executive design of the maintenance of the existing line,
— Implementing projects for translation of external networks,
— Management of the site of the construction site with access routes to the facilities,
— Executive designs with structures and installations,
— External projects for networks and installations,
— Implementing projects for technological installations,
— Project of the Organisation and Technology of Works,
— Movement Organisation Project
— Quality Assurance Plan,
— Materials for crew training,
— start-up instructions,
— Update of the hazard assessment and explosion protection,
— Documents for the authorisation of the use,
— Other documents required for the execution of works.
184.108.40.206 project works for the Northern heat chain, in particular:
Building project and building permit,
2.1.2 Performance of Surveillance Authorities:
For the duration of the investment, the Contractor shall have the following functions in particular:
— Supervision of factory suppliers of the main components of ZUSOK,
— Geological surveillance for earth, fundamental and road works,
— geodetic surveillance for the duration of the contract,
— The supervision by the author, in particular, of the performance of the non-domestic warmth.
2.1.3 The preparation of the site includes in particular:
The organisation of the construction of the building,
Demolition of the buildings,
— Deassembling of the network,
— Transmission networks.
2.1.4 Performance of construction and construction works
The scope of construction and construction works shall include in particular:
— excavation works and construction of buildings, including drainage from trenches,
Salt works, insulation,
Construction work for the TPOK installation,
Construction work and construction work for the North warmer.
2.1.5 Exercise of assembly works:
The scope of the assembly works shall include in particular:
— delivery and installation of technology,
— delivery and installation of automation,
— the supply and installation of electrical and telecommunications installations,
Delivery and installation of installations for the sanitary installations,
The delivery and installation of the electrical circuits,
Supply and installation of telecommunications equipment,
The delivery and installation of the external network,
— the delivery and assembly of prefabricated elements.
2.1.6 Execution of other works:
The scope of other works shall include in particular:
— Works on elevated highways,
The supply of mobile equipment,
Training the crew of the contracting authority,
The obtaining of any administrative decisions in the authorisation,
Servicing of machinery and equipment during the warranty period.
3. A detailed description of the subject of the contract is presented in Part III of the SIWZ.
4. The contracting authority shall award the contracts referred to in Article 67 (1). 1 point 6 of the Public Procurement Act in respect of and under the conditions laid down in clause 13.10 of the Contract.
Each Contractor shall lodge a tendering security before the closing date for the submission of tenders: PLN 15 000 000,00 (in words: PLN 15 million). The Contractor selected shall be required to submit a performance guarantee at the latest at the date of conclusion of the contract, representing 10 % of the total gross price quoted in the tender.
Section III: Legal, economic, financial and technical information
The contracting authority shall exclude from the proceedings a contractor who has not shown that the conditions for participation in the proceedings have been fulfilled or who have not shown that there are no grounds for exclusion.
In proceedings, the Contractor may be involved in the proceedings for which there are no grounds for exclusion from the proceedings in accordance with Article 24 (1). 1 points 13-23 of the Public Procurement Act.
The contracting authority shall provide for the exclusion of the Contractor of which the circumstances referred to in Article 24 (1) have been disclosed. (5) (1) to (2), (4) and (8) of the Public Procurement Act.
In proceedings, the Contractor who satisfies the conditions laid down in point 6.12 of the IDW may participate in the proceedings.
The Contractor may, in accordance with Article 22a of the Public Procurement Act, verify the fulfilment of the conditions for participation in the proceedings and, for a particular contract, or part of it, consist of technical or professional capacities or the financial or economic situation of other entities, irrespective of the legal nature of the legal relationship between them.
The contracting entity shall assess whether the contractor made available to the Contractor or to their financial or economic situation make it possible for the Contractor to demonstrate compliance with the conditions for participation in the investigation and shall examine whether the exclusion grounds referred to in Article 24 (1) of this Article are not met with respect to that operator. 1 points 13 to 22 and Article 24 5 (1), (2), (4) and (8) of the Public Procurement Act.
With regard to conditions relating to education, professional qualifications or experience, the Contractor may rely on the capacities of other entities where those bodies will carry out the works or services for which those capacities are required.
An economic operator which relies on the capacities or situations of other entities must prove to the contracting authority that, in the performance of the contract, it will have at its disposal the resources of those entities, in particular by presenting an undertaking by those entities to place the necessary resources in order to carry out the contract. In order to pre-confirm the Contractor’s compliance with the conditions of participation in the procedure and the absence of grounds for the exclusion of the Contractor from participating in the procurement procedure, the Contractor will submit the declaration referred to in Article 25a (1) together with the offer (using the purchasing platform). 2 of the Act, in the form of the Single Market Act, which forms Annex No 11 to the IDW. One shall be prepared in accordance with the provisions of points 7.1. to 7.3. and 8.7.
The contracting authority shall provide that the Contractor and his Subcontractor must employ persons carrying out administrative tasks during the performance of the contract.
In respect of the condition relating to the Contractor’s financial or economic standing, they shall show that they have:
A. funding or creditworthiness of not less than PLN 150 000 000,00 (in words: one hundred and fifty million zlotys),
B. average annual operating income for the period 3 (three) of the last financial years (and if the business period is shorter, during this period) at not less than PLN 500 000 000,00 (in words: five hundred million zlotys),
C. turnover of the last closed financial year not less than PLN 500 000 000,00 (in words: five hundred million zlotys).
Confirmation of the condition relating to the financial or economic standing of the contracting authority shall be to submit the following documents:
The 1th financial report or part thereof where the report is required by the law of the country in which the Contractor is established or resident and, if audited in accordance with the accounting rules, including, respectively, the opinion or part thereof and, in the case of Contractors not required to draw up the accounts, other documents specifying, for example, the turnover and the assets and liabilities for a period no longer than the last 3 financial years and, if the activity period is shorter, for that period;
2. a statement by the Contractor of his annual turnover. The model of declaration is set out in Annex 5 to the IDB;
3. information from the bank or the credit institution 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.
The contracting authority shall determine the following specific conditions for participation in the proceedings:
As far as the condition of technical and professional capacity is concerned, the Contractor must demonstrate knowledge and experience, i.e.
A. The Contractor demonstrates during the last 10 (ten) years before the closing date for the submission of tenders and, if the period of operation is shorter, during that period, has performed at least 1 contract, consisting of the execution of a construction and execution project at least for the technological and construction industry for the construction of a thermal plant for the conversion of municipal waste with a capacity of not less than 90 000 Mg/year comprising, inter alia, the following:
a) the combustion and energy recovery segment, comprising at least a bottom grate, a steam recovery boiler, and
the generation and removal of at least the steam turbine and the generator, and
exhaust after-treatment system.
B. The contractor demonstrates that during the last 10 (ten) years before the closing date for the submission of tenders and, if the period of operation is shorter, during that period a minimum of 1 works have been performed for the construction of a thermal treatment facility with a capacity of not less than 90 000 Mg/year and shall consist of at least:
As far as the condition of technical and professional capacity is concerned, the Contractor shall demonstrate that it has the persons instructed by the Contractor to perform the contract:
A. 1 person to act as representative of the Contractor, who:
(a) have a higher level of technical education,
(b) has served in the last 10 years before the closing date for the submission of tenders, as representative of the Contractor (within the meaning of FIDIC Conditions of Contract) or the Director of Construction and/or the Contractor of the Contract or function equivalent to that of managing at least 2 works contracts consisting of the execution of an installation producing electricity and/or heating (not applicable to wind, water and photovoltaic plants) of at least PLN 200 000 000 gross. The minimum period of time required to fulfil the above functions in managing the performance of each of the two works contracts is 18 months.
B. 1 person to act as a construction manager who:
(a) have the building rights to direct construction work in a construction and construction sector without restrictions, issued on the basis of the Construction Law Act of 7.7.1994 and its implementing provisions, or the corresponding important building rights, which were issued on the basis of the law previously in force,
(b) in the last 10 years before the closing date for the submission of tenders, have served as the construction manager in respect of at least 2 works contracts consisting of the construction or conversion of an installation generating electricity or heating (excluding wind, water and photovoltaic power plants) of a value of not less than PLN 200 000 000 gross each. The minimum required period of performance of the functions of the Head of the Construction Unit in respect of each of the two works contracts is 18 months.
Continuation of this section in section below “Minimum level of possible required standards”:
C. 1 person to perform the function of developer of the TPOK technology, which:
(b) has 10 years of professional experience,
(c) during the last 10 years before the closing date for the submission of tenders, it has participated as a technology designer in the design of the main technology nodes for the thermal treatment of waste, i.e. the waste incineration node (grate and boiler) or the after-treatment node.
D. 1 person to perform the function of specialist in charge of BIM (BIM Manager) which:
during the last 10 years before the closing date for the submission of tenders, he steered the project team that carried out the project using BIM technology;
(b) in the last 5 years before the closing date for the submission of tenders, she has served as coordinator of the BIM’s design for the BIM models/models for construction works (excluding small-scale architecture) in BIM technology.
The Contractor will be required to submit the following documents in order to confirm the above conditions:
1. to confirm fulfilment of the condition referred to in point 6.12.1 B. IDEA — List of works carried out not earlier than the previous 10 years before the closing date for the submission of tenders and, if the course of business is shorter, during that period, including their scope, dates, venues and operators to whom the works were performed, accompanied by evidence of whether those contracts have been carried out properly, in particular information on whether the contracts were performed in conformity with the rules of construction law and duly completed, the evidence referred to being references or other documents issued by the operator to which the works were performed and if, for a valid objective reason, the Contractor is unable to obtain those documents, other documents;
2. to confirm fulfilment of the condition referred to in point 6.12.1 of I. A. The list of services performed during the last 10 years before the closing date for the submission of tenders and, if the activity period is shorter, during that period together with an indication of the subject matter, dates of performance and of the entities to which the services were performed and accompanied by the evidence of whether the services have been completed properly; The references or other documents issued by the body to which the services are performed are evidence; if, on valid objective grounds, the Contractor is unable to obtain those documents, a statement by the Contractor;
3. to confirm that the condition referred to in point 6.12.2 of this Decision is met, The list of persons assigned by the Contractor to performing the contract, who is responsible for providing the services or managing the work, together with information on their professional qualifications, powers, experience and training necessary for performing the contract, as well as the scope of their activities and information on the basis of their disposal.
The conditions for performance of the contract are laid down in the model agreement forming part II of the SIWZ.
Section IV: Procedure
The Contracting Authority, Miejskie Przedsiębiorstwo Wozeania w m.st. Warszawie Sp. z o.o., ul. Oborzowa 43, 01-161 Warszawa, room no 114, POLSKA. The duration of the commitment period indicated in section IV.2.6 of the contract notice is 90 days. For technical reasons independent from the Contracting Authority in point IV.2.6, this term is given as 3 months.
In accordance with the terms of the SIWZ on: https://mpowarszawa.ezamawiajacy.pl/servlet/HomeServlet The opening of tenders on the platform shall be made by decryption and by the opening of tenders, which shall be clear to the public on the platform’s platform. Tenders shall be open to the public.
Section VI: Complementary information
I. List of declarations or documents confirming that there are no grounds for exclusion:
1. Information from the National Criminal Register within the scope of Article 24 1 points 13, 14 and 21 of the PPL, issued no earlier than 6 months before the closing date for the submission of tenders;
(2) a certificate issued by the head of the competent tax office certifying that the Contractor was not in arrears with the payment of taxes, issued not earlier than 3 months before the closing date for the submission of tenders, or any other document proving that the Contractor had concluded an agreement with the competent tax authority on the repayment of those taxes, together with interest or fines, if any, and, in particular, obtained the authorised exemption, deferral or payment of any outstanding payments or suspension of the execution of the decision of the competent authority in full;
3. an attestation of the competent territorial unit of an Zakład Ubezpieczeń Social Insurance Institution or Kasa Rolniczego Ubezpieczenia Społecznego (Agricultural Social Insurance Fund) or other proof that the Contractor is not in default of paying social security contributions or health insurance contributions, issued not earlier than 3 months before the closing date for submission of tenders, or any other document certifying that the Contractor has concluded an agreement with the competent authority in respect of the repayment of those debts, together with interest or fines, if any, and, in particular, has obtained the lawful dismissal, deferment or payment of any outstanding payments or suspension of the execution of the decision in full;
4. a copy of the relevant register or of a central register and information on the economic activity, where separate provisions require an entry in a register or a register;
5. a statement by the Contractor that there has not been a final court judgment or a final administrative decision on the payment of taxes, fees or social security contributions, or, in the event of such a judgment or decision, of the documents proving the payment of those duties, including any interest or fines, or the conclusion of a binding agreement on the repayment of those duties;
6th statement by the Contractor that no decision has been made against him as a precautionary measure against the decision to apply for public contracts;
7. a declaration by the Contractor that local taxes and charges referred to in the Local Taxes and Charges Act 12.1.1991 (Journal of Laws 2016, item EUR 716).
II. The Contractor shall, within 3 days of the publication of the information referred to in Article 86 (1), publish on the website the information referred to in (3). 5 The PPL shall submit to the Contracting Authority a declaration of whether or not it is part of the same group; in the event of belonging to the same group, the Contractor may submit, together with the declaration, documents or information proving that links with another economic operator do not lead to a distortion of competition in the proceedings.
III. The contracting authority provides for the cancellation of proceedings in the event of compliance with the condition referred to in Article 93(1) (1) of the Public Procurement Act. the contracting authority may cancel the award procedure if the appropriations from the European Union budget and the non-reimbursable aid granted by the Member States of the European Free Trade Agreement (EFTA) which the contracting authority intended to devote to the financing of all or part of the contract have not been awarded to it.
IV. The Contractor will perform himself in person: Basic project in the mechanical and mechanical parts of individual plants by plant and by technology:
combustion units and energy recovery,
the flue gas cleaning and discharge points.
In view of the limited character of the characters, the additional information was included in the ToR (among others 7.4.14 and 7.4.15, 7.8-7.11) available at: https://mpowarszawa.ezamawiajacy.pl/servlet/HomeServlet
Internet address: http://uzp.gov.pl
1. The contractor and another entity if he or she has or has had an interest in obtaining a particular contract and who has been or may be harmed by an infringement by the Contracting Authority of the provisions of the Act shall be entitled to the remedies provided for in Chapter VI of the Act.
2. The organisations included in the list referred to in Article 154 (5) of the Act are also available to the organisations included in the list referred to in of the Act.
3. An appeal may lie only against the unlawful act of the contracting authority in the present proceedings for the award of the contract or the act which the contracting authority is required to take under the Act.
4. The appeal must indicate the act or omission of the contracting authority alleged to be in non-compliance with the provisions of the law, 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. The appeal shall be lodged with the President of the National Chamber of Appeal either in paper form or in electronic form, duly signed by hand or by a qualified electronic signature. 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.
6. Time limits for lodging an appeal: 28.
The appeal shall be lodged within 10 days of the date on which the contracting authority is informed of the act on which the appeal is based, if it is sent as referred to in Article 180 (1). The second sentence of 5, or within 15 days if they have been sent by other means,
The 6.2th reference to the text of the contract notice, as well as to the provisions of the Tender Specifications, shall be lodged within 10 days from the date of publication of the notice in the Official Journal of the European Union or specification of the Terms of Reference.
7. An appeal against acts other than those referred to in the ToR shall be lodged within 10 days of the date on which the due diligence was taken or due diligence was exercised.
8. If the contracting authority has not sent to the Contractor a notice of the best tender, the appeal shall be lodged no later than the following date:
8.1. 30 days after the date of publication in the Official Journal of the European Union of the contract award notice,
8.2. 6 months from the day of the conclusion of the contract if the contracting authority did not publish the contract award notice in the Official Journal of the European Union.
9. The detailed rules of the procedure after the appeal has been lodged shall be governed by the relevant provisions of Section VI of the Act.
10. The decision of the National Board of Appeal shall be open to the parties and to the participants in the appeal.
11. The complaint shall be lodged with the district court with jurisdiction over the seat of the Contracting Authority through the President of the National Board of Appeal within 7 days of service of the decision of the National Board of Appeal, while submitting a copy of the complaint to the opponent. Lodging of the complaint at the postal service of the designated operator within the meaning of the Postal Law Act of 23.11.2012 (consolidated text) (Journal of Laws 2017, item 1481 as amended) is equivalent to its submission.