Poland – Repair and maintenance services of rolling stock – Wykonanie obsługi technicznej poziomu utrzymania P4 wózków typu 19MN i 32AN (SA105) wraz z pracami dodatkowymi

The subject of the contract is the provision of services including the following works (hereinafter “Subject of the Contract”): a) fourth level maintenance tasks (P4) as part of 1 (one) technical service for the SA105 (213M) vehicle chassis with the factory number 001 (hereinafter referred to as “SZT” or “Vehicle”), where 1 (one) technical service includes a complete set of chassis on the Vehicle, i.e.: 1 (one) 19MN drive bogie and 1 (one) 32AN steering bogie (hereinafter “Bogies”) (all tasks listed in this lit. hereinafter referred to as “Main Tasks”); b) with the reservation of clause 2, optional tasks related to the performance of the fourth level maintenance P4 of the bogies, exceeding the scope of work provided for in lit. a. (hereinafter these optional tasks are referred to as “Optional Tasks”); c) with the reservation of clause 2, other tasks not constituting Main Tasks or Optional Tasks necessary to restore the correct functioning of the Bogies or to meet the requirement referred to in §6 para. 1 of the Contract Template (hereinafter “Extraordinary Tasks”). The Contracting Authority will transfer to the Contractor, together with the Bogies, the materials/parts/components indicated in Annex No. 8 to the Contract Template (Annex No. 4 to SWZ). The remaining parts, materials, components, standards necessary for the performance of the Subject of the Contract the Contractor is obliged to organise at their own cost and risk. A detailed description of the subject of the contract, the type, conditions for the performance of the service are specified in Annex No. 4 to SWZ. 2. The Contracting Authority reserves the right to unilaterally instruct the performance of the Subject of the Contract in the scope including Optional Tasks and Extraordinary Tasks (hereinafter “Additional Tasks Option”). The Contracting Authority's use of the Additional Tasks Option obliges the contractor to perform the Subject of the Contract also in the scope indicated by the Contracting Authority. 3. The Contracting Authority is entitled to use the Additional Tasks Option in a situation where the restoration of a given bogie to full operational capability requires the performance of, respectively, Optional Tasks or Extraordinary Tasks. The Contracting Authority is entitled to use the Additional Tasks Option in whole or in part in accordance with its needs. The Contractor has no claims against the Contracting Authority for the Contracting Authority's failure to use the Additional Tasks Option. 4. The transfer and acceptance of the Bogies will take place on the premises of the Contracting Authority's Maintenance Point, i.e. PUT Poznań, ul. Kolejowa 23, 60-717 Poznań. 5. The Contractor is obliged to perform the subject of the contract with due diligence in accordance with the Vehicle Maintenance System Documentation and the Technical and Operational Documentation of the Vehicles. 6. The Contractor undertakes to perform the subject of the contract in accordance with the applicable regulations, the current level of technical knowledge and the requirements of European standards or Polish Standards transposing European standards. 7. In all provisions of the contract notice, SWZ and its annexes, where the Contracting Authority describes the Subject of the Contract by reference to standards, technical assessments, technical specifications and technical reference systems, it should be understood that the Contracting Authority accepts solutions equivalent to the described requirements, and such a reference is accompanied by the words "or equivalent". 8. In the event that the contractor offers to perform the Subject of the Contract in a manner inconsistent with the standards, technical assessments, technical specifications and technical reference systems to which the description of the Subject of the Contract refers, the contractor is obliged to prove in the offer, in particular by means of the substantive evidentiary means referred to in Articles 104-107 of the PZP Act, that the proposed solution meets the requirements specified in the description of the Subject of the Contract to an equivalent extent (hereinafter “Substantive Evidentiary Means”). 9. Substantive evidentiary means do not require supplementation. An offer from a contractor who offers to perform the Subject of the Contract in a manner inconsistent with the standards, technical assessments, technical specifications and technical reference systems to which the description of the Subject of the Contract refers, and does not provide Substantive Evidentiary Means with the offer, will be rejected. 10. In the event that the contractor does not submit information in the offer that it offers to perform the Subject of the Contract in a manner inconsistent with the standards, technical assessments, technical specifications and technical reference systems to which the description of the Subject of the Contract refers, the Contracting Authority will assume that the contractor has offered to perform the Subject of the Contract in a manner consistent with the standards, technical assessments, technical specifications and technical reference systems to which the description of the Subject of the Contract refers. 11. The Contracting Authority, pursuant to Article 95 of the PZP Act, requires the contractor or subcontractor to employ, on the basis of an employment relationship, persons performing tasks within the scope of the contract performance, in the scope described in detail in Section 4, para. 1 of SWZ. 12. The provisions regarding the method of verifying the employment of these persons on the basis of an employment relationship and the Contracting Authority's powers in the scope of controlling the Contractor's compliance with the requirements related to employment are set out in the Contract Template constituting Annex No. 4 to SWZ.