Poland – Sewage, refuse, cleaning and environmental services – Bieżące utrzymanie kanalizacji deszczowej na terenie Miasta Racibórz.

The subject of the contract is the current maintenance of the stormwater drainage system within the City of Racibórz. The detailed scope and description of the contract subject are contained in Annex No. 5 to the SWZ. Other requirements are specified in the contract template, which is Annex No. 4 to the SWZ.

Contractor:

•may not be excluded on the basis of:

– Article 108(1),

– Article 7(1) of the Act of 13 April 2022 on special solutions in the field of counteracting the support of aggression against Ukraine and serving national security,

•submit an offer that cannot be rejected under Article 226(1) of the Pzp Act.

In the proceedings, the prohibition of awarding public contracts to "Russian entities" regulated in Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ EU L 229 of 31.7.2014) applies. The contractor will be bound by the offer for a period of 90 days, i.e. until 13.03.2027.

The selected contractor is obliged to conclude a contract for the public contract on the terms specified in the contract template – Annex No. 4 to the SWZ. The scope of the contractor's service resulting from the contract is identical to their obligation set out in the offer. The ordering party envisages the possibility of changing the concluded contract in relation to the content of the selected offer in the scope regulated in Articles 454-455 of the Pzp Act and indicated in the contract template – Annex No. 4 to the SWZ. A change to the contract requires, for its validity, under pain of nullity, the written form.

In accordance with Article 95(1) of the Pzp Act, the ordering party requires the contractor, or subcontractor, or further subcontractor, to employ, on the basis of an employment relationship, in the meaning of the Act of 26 June 1974 – the Labour Code, persons performing the following tasks within the scope of the contract:

1) mechanical cleaning and inspection of individual elements of the stormwater drainage network,

2) inspection of the technical condition of the drainage network using TV camera monitoring,

3) removal of contaminants from grates on the inlets of open drains and dry wells to the drainage system,

4) repair of stormwater drainage network elements,

5) maintenance of weirs in drainage wells,

6) inspection and maintenance in good technical condition of 25 stormwater drainage outlets,

7) inspection and maintenance in good technical condition of pumping stations and devices serving to clean rainwater and meltwater built on stormwater drainage outlets and dry wells,

8) inspection of the technical condition, cleaning and maintenance of steel structures, pipelines, valves, check valves inside pumping chambers, mechanical removal of silt from the bottom of pumping chambers,

9) maintenance tasks in the scope of maintaining pumping stations at ul. 1-go Maja, ul. Adamczyka, ul. Piastowskiej, ul. Piaskowej, ul. Cecylii, Mikołowskiej and ul. Bartka Lasoty,

10) cleaning and maintenance in good technical condition of tanks serving to retain stormwater, mechanical removal of silt from the bottom of the tanks.

The contractor is obliged to include in every subcontracting agreement the appropriate provisions obliging subcontractors to employ under an employment contract.

Pursuant to Article 112 of the Pzp Act, the ordering party does not specify the conditions for participation in the proceedings.

The ordering party excludes from the proceedings contractors in respect of whom there are grounds for exclusion, as referred to in Article 108(1) of the Pzp Act. SELF-CLEANING Under the circumstances specified in Article 108(1)(1), (2) and (5) of the Pzp Act, the contractor may carry out "self-cleaning" on the basis described in Article 110(2) and (3) of the Pzp Act. This procedure should be applied by the deadline for submitting offers, by appropriately completing the JEDZ declaration.