Poland – Electric buses – Dostawa 5 fabrycznie nowych, niskopodłogowych autobusów miejskich o napędzie elektrycznym

The subject of the contract is the delivery to the municipal headquarters of 5 new low-floor 12m electric buses. Place of performance of the contract: Luboń, ul. Przemysłowa 13/15. The offered buses must be new. The contract also includes the following services by the Contractor: a) granting the Contracting Authority, by the Contractor, authorization to perform maintenance and repair works on the offered type of bus along with training the Contracting Authority's staff in the scope of current maintenance and repair of buses, delivery of electronic equipment (dedicated devices and systems), additional equipment related to the granted authorization, including equipment, diagnostic equipment, specialized tools necessary for performing technical maintenance and warranty repairs of buses, as well as software (full licenses), granting the Contracting Authority by the Contractor a warranty. Detailed description is in the SWZ. 1. The project is submitted for co-financing under FENIKS 3.1. Action: FENX.03.01 Urban transport – buses and trolleybuses. Programme: European Funds for Infrastructure, Climate, Environment 2021-2027. The contract is to be financed from the funds of the European Union. 2. The procedure is conducted in accordance with the rules provided for the so-called 'reverse procedure' referred to in art. 139 Pzp. According to this regulation, the Contracting Authority will first examine and evaluate the offers and then qualify the Contractor, whose offer was the highest rated, in terms of lack of exclusion grounds and meeting the conditions for participation in the procedure. 3. The Contracting Authority uses the entitlement under art. 393 para. 1 point 4 Pzp. The Contracting Authority requires that the participation of goods, including software used in telecommunications network equipment, originating from EU Member States, countries with which the EU has concluded agreements on the equal treatment of entrepreneurs, or countries to which the provisions of Directive 2014/25/EU are applied by decision of the Council, exceeds 50%. The Contracting Authority requires a declaration in this regard in the Offer Form (Annex no. 2 to the SWZ). According to art. 393 para. 1 point 4 of the Pzp Act, the Contracting Authority will reject an offer in which the participation of goods, including software used in telecommunications network equipment, originating from EU Member States, countries with which the EU has concluded agreements on the equal treatment of entrepreneurs, or countries to which the provisions of Directive 2014/25/EU are applied by decision of the Council, does not exceed 50%. 4. In the procedure for awarding a public contract, the Contracting Authority uses the entitlement to limit access to contracts for Contractors from third countries with which the EU is not bound by any international agreement guaranteeing reciprocal and equal access to the market for public contracts. This limitation consists in not allowing participation in the procedure. The Contracting Authority does not allow participation in the procedure for Contractors (as well as Contractors jointly applying for the contract, at least one of whom is) with a registered office (respectively: place of residence) in countries other than a Member State of the European Union, a country of the European Economic Area, a country party to the Agreement on Government Procurement (GPA) concluded within the World Trade Organization or a country-party to an agreement concluded with the European Union regulating mutual access to public contracts. The Contracting Authority does not allow the possibility of Contractors (as well as Contractors jointly applying for the contract, at least one of whom is) with a registered office (respectively: place of residence) in a Member State of the European Union, a country of the European Economic Area, a country party to the Agreement on Government Procurement (GPA) concluded within the World Trade Organization or a country-party to an agreement concluded with the European Union regulating mutual access to public contracts, to invoke the technical and professional capacity or financial or economic situation on the basis described in art. 118 of the Pzp Act, of entities with a registered office (respectively: place of residence) in countries other than a Member State of the European Union, a country of the European Economic Area, a country party to the Agreement on Government Procurement (GPA) concluded within the World Trade Organization or a country-party to an agreement concluded with the European Union regulating mutual access to public contracts. The Contracting Authority, upon receiving an offer from a Contractor from outside the EU, will verify whether the offer is covered by agreements concluded by the EU regarding the award of public contracts in an international context, such as the GPA or free trade agreements, to establish whether the Contractor has access to this contract. The Contractor is bound by the offer until 23.2.2027, where the first day of the offer binding period is the day on which the offer submission deadline expires.