Hungary – Tree-maintenance services – K2535_3 Növényvédelmi kertészeti tevékenységek

Framework agreement for plant protection horticultural activities. Cont. BT_750 field (Other economic or public law requirements): Pursuant to Section 6 (6) of the Public Procurement Act (Kbt.), the prescribed suitability requirements may also be met jointly by the economic operators (ATs) together. In the case of a joint tender, at least one of the economic operators (ATs) must meet this economic and financial suitability requirement. With regard to the proof of economic and financial suitability, the AT must act in accordance with Sections 65, 67 and 69 of the Kbt. and Section 19 of Government Decree 321/2015. (X. 30.). The provisions of Sections 6 (6)-(8) and (11) of the Kbt. are also relevant for the proof of suitability. The contracting authority (AK) hereby draws the attention of economic operators to the fact that, pursuant to Section 69 (4) of the Kbt., the organisation providing its capacity must only submit the proofs in respect of the suitability requirements. Pursuant to Section 6 (8) of the Kbt., the organisation whose data the AT uses for the proof of economic and financial suitability is liable, pursuant to Section 6:149 of the Civil Code (Ptk.), as a guarantor for the compensation of any damage suffered by the contracting authority (AK) in connection with the non-performance or improper performance of the AT. The restrictions pursuant to Section 6 (11) of the Kbt. apply in the event of succession. Cont. BT_750 field (References to the specified services): The AK considers the framework agreements concluded as one contract/reference confirmation, i.e. the above-mentioned quantitative determination does not apply to the individual orders issued during the entire term of the framework agreement. Pursuant to Section 6 (6) of the Kbt., the above requirements may also be met jointly by the economic operators (ATs) together. For those requirements that, by their nature, can only be applied individually to the economic operators, it is sufficient, in accordance with the possibility of joint compliance, if at least one of the joint tenderers complies. The AK records, pursuant to Section 21/A of Government Decree 321/2015, that it does not wish to define any further scope of contractual breaches for which it accepts the proof of the affected performance. The AK accepts, pursuant to Section 21/A of Government Decree 321/2015, references for the proof of suitability even if a contractual breach has occurred, but the economic operator is not responsible for the contractual breach – not contested by the other party to the contract. The AK draws attention to Sections 6 (6), (7), (9), (11), 67 (3) and 140 (9) of the Kbt., as well as to the provisions of Section 24 (1) of Government Decree 321/2015. (X.30.). VI.3) Further information (cont.): (BT_300 field) 26) The contracting authority draws the attention of tenderers to the fact that the following will be recorded in the draft contract made available: The parties declare that they are aware of the COVID-19 pandemic, as well as the Russian-Ukrainian war and the restrictions, obstacles and supply difficulties associated therewith at the time of contracting, that they do not consider the known state of affairs at the time of contracting to be force majeure or an impediment to performance, an amendment to the contract, or a circumstance that directly or indirectly influences the performance of the contract or the provision of services and counter-services in accordance with the contract. 27) The contracting authority prescribes as a contractual condition that the winning tenderer must have, by the time of the contract, a full, comprehensive, all-risk professional liability insurance covering the entire term of the contract (including the period of validity of the warranty), with a minimum annual framework amount of 54,000,000 Ft and a minimum amount of 13,000,000 Ft per claim, for the activities constituting the subject matter of the present contract. The insurance is not adequate if it contains exclusions and limitations that are not compatible with the subject matter and purpose of the contract. The winning tenderer must submit the insurance policy (together with a copy of the proof of payment of the insurance premium), in which it proves the insurance value and that the cover extends to the requested services. The contracting authority considers the failure to provide the above document to be a withdrawal from the contract by the winning tenderer, pursuant to Section 131 (4) of the Kbt. The tenderer must state in its tender that, in the event of winning, it will submit the above document(s) by the time of the contract. 28) The contracting authority prescribes as a contractual condition that the winning tenderer must, in the event of winning: • have the experts presented in point M2.1. hold a valid licence in Category II pursuant to Government Decree 43/2010. (IV. 23.) of the Ministry of Agriculture (FVM), and • have the expert presented in point M2.2. hold a valid licence in Category I pursuant to Government Decree 43/2010. (IV. 23.) of the FVM. A condition of the contract is that the experts designated by the winning tenderer in points M.2.1. and M.2.2. hold a valid licence in Category I/II pursuant to Government Decree 43/2010. (IV. 23.) of the FVM, and the tenderer must submit an express declaration to this effect as part of its tender, and also that the failure to do so constitutes a withdrawal from the contract by the tenderer, pursuant to Section 131 (4) of the Kbt. The winning tenderer must submit the above-mentioned licences complying with Government Decree 43/2010. (IV. 23.) of the FVM to the contracting authority by the time of the contract (at the request of the contracting authority). 29) The contracting authority applies the "first the energy efficiency principle" pursuant to Section 3/A of Government Decree 235/2024. (VIII. 8.), and during the preparation of the procedure, it examined whether the subject of the procurement does not fall under the scope of Section 14/B, and in view of this, it prescribed the energy efficiency requirements defined by the Union green public procurement criteria, at least at the basic level, pursuant to Section 14/C. 30) The contracting authority does not make participation in the procedure dependent on the provision of a tender guarantee.