Poland – Refuse and waste related services – Zagospodarowanie odpadów komunalnych z terenu Gminy Jarocin

The subject of the contract is a comprehensive service for the management of municipal waste, consisting of: 1) accepting municipal waste, specified by type for the contract, at the place of acceptance of municipal waste indicated and ensured by the Contractor, from the municipal waste collection operator, in a manner consistent with the law and the requirements resulting from the contract documents, 2) the potential collection/storage of municipal waste, including at the place of acceptance of municipal waste, after its acceptance, and before processing, 3) processing the accepted non-segregated (mixed) municipal waste (code 20 03 01) and biodegradable waste (code 20 01 08 and 20 02 01) in a facility operated by the Contractor, 4) ensuring the processing of the accepted remaining fractions of municipal waste in recovery (R) and/or disposal (D) processes, in the municipal waste processing place ensured by the Contractor 5) fulfilling reporting-informational obligations, 6) fulfilling obligations guaranteeing the Purchaser the possibilities of control-verification rights, 7) fulfilling services and obligations related to the services expressed above in points 1–6) – hereinafter jointly referred to as the “municipal waste management service”. 4.2. A detailed description of the subject of the contract, a description of the requirements of the purchaser in the scope of implementation and acceptance is defined in SWZ II – Description of the Subject of the Contract (OPZ) and SWZ IV – Draft Contract Terms. 4.3. CPV codes defining the subject of the contract: 1) Code defining the main subject of the contract: 90500000-2-waste related services. 2) Supplementary codes: a) 90510000-5-removal and treatment of waste b) 90514000-3-waste recycling services c) 90533000-2-waste management services 4.4. The Purchaser envisages awarding an additional contract worth up to 50% of the value of the basic period. 4.5. The Purchaser, pursuant to art. 441 of the Public Procurement Law, envisages the possibility of exercising the right of option, in the scope of: 1) increasing the amount of waste subject to management during the implementation of the contract, by changing the remuneration amount, referred to in §7 item 1 of the contract or 2 (in its original wording) SWZ IV – Draft Contract Terms, by no more than 25% of the sum of these amounts, 2) purchasing the municipal waste management service, which will be implemented for a maximum period of an additional 12 months, relative to the basic service period. Pursuant to the right of option, the Purchaser has the right to unilaterally extend the service period by a maximum of 12 months, falling within the period following the end of the basic period (final or premature). 4.6. The Purchaser reserves the right to exercise the right of option (in whole or in part) in the event that it is in the interest of the Purchaser and results from its current needs. 4.7. The right of option is a unilateral entitlement of the Purchaser, which may, but is not obliged to, exercise within the framework of the implementation of the subject of the contract. In the event that the Purchaser does not exercise the right of option, the Contractor shall not be entitled to any claims in this regard. 4.8. The conditions for exercising the right of option specified above in point 4.5. point 1: 1) the exercise of the optional contract (right of option) will depend on the needs of the Purchaser and may occur after the implementation of the basic or optional contract (referred to above in point 4.5. point 2) to an extent corresponding to 80% of the remuneration specified in §7 item 1 or 2 (in its original wording) SWZ IV – Draft Contract Terms; 2) the period within which the Purchaser has the right to exercise the right of option - within the period of the contract in the basic or optional scope (referred to above in point 4.5. point 2); 4.9. The Purchaser has the right to exercise the right of option multiple times, but only until the maximum scope of the right of option, specified in point 4.5. point 1) of this paragraph, is exhausted; 4.10. if the Purchaser exercises the right of option, the contractual obligation of the Contractor is to perform the service within the scope covered by the exercised right of option. The Contractor is obliged to implement the contract envisaged by the right of option on the terms described in the SWZ, including in particular SWZ IV – Draft Contract Terms; 4.11. in the event that the Purchaser exercises the right of option, the service will be settled using the rates applicable to the basic or optional period (depending on the time of exercising the right of option). 4.12. The exercise of the option pursuant to point 4.5. point 2) will take place on the following principles: 1) it may concern a maximum period of 12 months or a shorter period, 2) it is preceded by negotiating the unit rate offered by the Contractor in the offer, with the proviso that the result of the negotiation may only be a reduction in the unit rate compared to that offered by the Contractor, 3) the Purchaser is entitled to exercise the right of option multiple times, with the proviso that the sum of the periods covered by each exercise of this right may not exceed 12 months, and each of the periods by which the service period is extended by the Contractor may not be shorter than 2 months, 4.13. the exercise of the right of option may take place on the condition of ensuring the continuity of the services provided, 4.14. for the implementation of the contract in the optional period, the Contractor's remuneration is calculated taking into account the unit rates applicable to the optional period of the contract and resulting from the Contractor's offer (modified by any revaluations carried out in accordance with the content of the contract and the result of the negotiations referred to in point 2 above), 4.15. if the Purchaser exercises the right of option, the contractual obligation of the Contractor is to perform the service within the scope covered by the exercised right of option. 4.16. The Contractor is obliged to implement the contract envisaged by the right of option on the terms described in the SWZ and this contract.