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Poland-Warsaw: Telecommunications services
Contract notice – utilities
Section I: Contracting entity
Section II: Object
Provision of WTP radio communication service – 2021-2025 (in cooperation with ACM)
1. The subject-matter of the contract is the provision of a service consisting of the provision of radio-telephone communications.
2. The subject of the contract covers the provision of a radiotelephone service for 1000 to 1440 facilities, in the area described in Annex 2 to the model contract, using digital radio equipment owned by the Contracting Authority or by entities associated with separate contracts.
3. The radio-telephony system must work with the equipment: Hytera PD785G, Hytera MD785, Hytera MD785G, Tait Seria TM 9300 and other compatible Tier III DMRs.
4. A detailed description of the technical requirements for the radio-telephony system is set out in Annex 1 to the model contract.
The City of Warsaw and the Neighbouring Municipalities
Section III: Legal, economic, financial and technical information
1. Economic operators in any of the circumstances referred to in Article 108 shall be excluded from the procurement procedure. Article 1 of the Public Procurement Act, subject to Article 393. 4 PPL
2. The contracting authority shall provide for the exclusion of the Contractor in accordance with Article 109. 1 point 1.4, i.e.:
a. who has breached obligations relating to the payment of taxes, fees or social or health contributions, except in the case referred to in Article 108. Point 1(3) unless the economic operator has, or has concluded a binding agreement for the payment of taxes, fees or social security or health contributions, together with interest and/or fines, either before the expiry of the time limit for the receipt of requests to participate or before the deadline for the submission of tenders; (Article 109 (page 1, par.1)
b. wound up, declared bankrupt, whose assets are managed by a liquidator or by a court, have entered into an arrangement with creditors whose business activities are suspended or are in any analogous situation arising from a similar procedure provided for by the law of the place where the proceedings are opened; (Article 109 (page 1, par.4)
Each Contractor shall be accompanied by a statement, valid at the date of submission of the tenders, which gives provisional confirmation that the Contractor is not subject to exclusion and that he fulfils the conditions for participation in the procedure. The declaration must be made in the form of a Single Procurement Document (ESPD), drawn up in accordance with the model standard form laid down in the European Commission Implementing Regulation issued pursuant to Article 59. 2 of Directive 2014/24/EU and Article 80. 3 of Directive 2014/25/EU, to the extent indicated in Annex 1 to the VCS.
Before selecting a tender, the Contracting Authority will call for personal means of proof, i.e.: Evidence indicating whether the services indicated in the JEDZ’s declaration have been or are being performed properly, the evidence referred to being references or other documents drawn up by the entity for which the services were provided and, in the case of repeated or continuous services, or, where the contractor is unable to obtain those documents for reasons beyond his control, a declaration by the contractor; In the case of recurring or continuous benefits, references or other documents proving that they have been properly performed should be issued within the last 3 months.
During the last 6 years before the closing date for the submission of tenders, and if the period of operation is shorter, within that period at least 1 service corresponding to the type of subject of the contract, i.e. radio communications service to the transport industry or public security services, has been or has been properly performed during that period, for a communication system comprising at least 50 devices and attaching evidence that the contracts have been properly performed. In the case of joint contractors, this condition may be cumulative
The declarations and documents proving that the Contractor met the conditions for participation in the procedure and that there were no grounds for exclusion were listed in Chapter X of the VWZ.
The procedure shall require the lodging, before the closing date for the submission of tenders, of: PLN 100 000.00 (in words: These are thousands);
The financial terms and conditions include the model contract set out in Annex 2 to the VCS.
The conditions for the implementation of the contract are described in the model contract, which is attached as Annex 2 to the VCS.
Section IV: Procedure
The information from the Tender Opening will be published on the Platform under “Contract Documents” in the folder “Information on the Opening of Tenders”
Section VI: Complementary information
Remedies available to the Contractor during the procurement procedure
1. Any contractor, as well as any other entity, if he has or has had an interest in obtaining the contract in question 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 shall be entitled to the remedies provided for in Section VI of the Public Procurement Act.
2. Legal remedies against the contract notice and the tender specifications are also available to organisations included in the list referred to in Article 154(5) of the Public Procurement Act.
3. An appeal may be brought only against the contracting authority’s action taken in a procurement procedure which does not comply with the provisions of the Act or the failure to act which the contracting authority is required to take under the Public Procurement Act.
4. The notice of appeal must indicate the act or omission on the part of the contracting authority which is alleged to be incompatible with the provisions of the Public Procurement Act, contain a summary of the pleas in law, state the form of order sought and indicate the facts and points of law justifying the appeal.
5. Appeals shall be lodged with the President of the National Board of Appeal either in paper form or in electronic form, bearing the respective handwritten signature or qualified electronic signature.
6. The appellant shall send a copy of the notice of appeal to the Contracting Authority before the expiry of the time-limit for bringing an appeal in such a way that he can become acquainted with it before the expiry of that time-limit. The Contracting Authority shall be presumed to have been acquainted with the content of the appeal before the expiry of the time-limit for lodging the notice, if a copy of the notice was sent before the expiry of the time-limit for bringing it, in accordance with the contracting authority’s communication with the Contractors as set out in Chapter III of this tender specifications.
7. An appeal shall be lodged within the following time limit:
7.1. 10 days from the date on which the Contracting Authority’s act giving rise to his payment was sent, if it was sent by electronic means, or within 15 days if it was sent by other means;
7.2. 10 days from the date of publication of the notice in the Official Journal of the European Union or in the tender specifications on a website, in respect of the content of the notice and the terms of the tender specifications;
7.3. 10 days after the date on which the facts giving rise to it were taken or diligently become known, for acts other than those referred to in points 7.1. and 7.2. above.
8. In the event of an appeal against the content of the contract notice or the terms of the tender specifications, the contracting authority may extend the time limit for the submission of tenders.
9. In the event of an appeal being lodged after the expiry of the time limit for the submission of tenders, the time limit for binding tenders shall be suspended until the decision of the National Board of Appeal has been delivered.