Poland – Counselling services – Usługa przygotowania i przeprowadzenia doradztwa specjalistycznego w zakresie tworzenia Lokalnych Planów Deinstytucjonalizacji (LPDI) wraz z opracowaniem LPDI dla jednostek samorządu terytorialnego w związku z realizacją projektu „Włączamy Pomorskie” dofinansowanego w ramach programu Fundusze Europejskie dla Rozwoju Społecznego 2021-2027.

The procedure is conducted in the form of an unrestricted tender, in accordance with Article 132 of the Pzp Act. For matters not regulated in the SWZ, the provisions of the Pzp Act shall apply. Pursuant to Article 359 of the Pzp Act, when awarding contracts for social services, the provisions of the Act applicable to classical contracts with a value equal to or exceeding the EU thresholds shall be applied—if the value of the contract, expressed in PLN, is equal to or exceeds the equivalent of 750,000 euros, with the possibility of excluding the application of certain provisions of the Pzp Act, as referred to in Article 360 of the Pzp Act. The contracting authority, in accordance with Article 139(1) of the Pzp Act, informs that, first, it will conduct an examination and evaluation of the offers, and then it will qualify the tenderer, whose offer has been most highly evaluated, in terms of the absence of grounds for exclusion and the fulfilment of the conditions for participation in the procedure. 1. The subject of the contract is the service of preparing and conducting specialist advisory services in the field of creating Local Deinstitutionalisation Plans (LPDI) together with the development of LPDI for JST, including the conduct of up to 1,600 hours of specialist advisory services in the field of creating and implementing LPDI social services, including up to 800 hours in stationary form and up to 800 hours in remote (online) form. The minimum number of JSTs that will be covered by the advisory service is 35, and the minimum number of advisory hours that will be commissioned is 900 hours (450 hours stationary, 450 hours online). 2. The detailed description of the subject of the contract has been specified in Annex No. 1 to the SWZ and in the model contract, which is Annex No. 2 to the SWZ. 3. The contracting authority envisages the application of the option right, as referred to in Article 441 of the Pzp Act. 4. The applicable law for this contract (including for the contract concluded as a result of this procedure and for the assessment of the legal consequences of all documents in this contract) is Polish law, with the consideration of European Union law. 5. In all the provisions of the SWZ and its annexes, where the contracting authority refers to standards, approvals, technical specifications or reference systems or indicates trademarks, parameters or sources of origin (names of manufacturers or devices), in accordance with Article 99(5) and Article 101(4) of the Pzp Act, the contracting authority allows equivalent solutions. 6. In the event that the description of the subject of the contract contains the names of materials, specific products of certain manufacturers, these should be treated only as a definition of the desired standard and quality. In all such situations, the contractor may offer equivalent materials, products with at least the same technical and quality parameters. By the equivalence of the product, we mean the offer of a product whose technical parameters of the applied materials, performance, durability, and quality are not worse than the quality of the materials, products described in the SWZ. 7. The contractor who refers to equivalent solutions is obliged to prove that the solution offered by him meets the requirements specified by the contracting authority. In such a case, the contractor attaches to the offer a list of equivalent solutions along with its description or norms. 8. The contracting authority does not reserve the obligation of personal execution by the contractor of the key parts of the contract. The contractor may entrust the execution of part of the contract to a subcontractor. 9. Subcontracting: 1) The contractor may entrust the execution of part of the contract to a subcontractor (subcontractors). 2) In connection with the implementation of the contract, the contracting authority does not reserve the obligation of personal execution of the key tasks of the contract. 3) The contracting authority requires that, in the event of entrusting part of the contract to subcontractors, the contractor indicates in the offer the parts of the contract, the execution of which he intends to entrust to subcontractors and provides (if they are already known) the names of these subcontractors. 4) Entrusting part of the subcontractors does not release the contractor from the responsibility for the proper execution of the contract. 10. The contracting authority does not reserve the possibility of applying for the contract exclusively by contractors, as referred to in Article 94 of the Pzp Act. 11. The contracting authority, acting on the basis of Article 95(1) and (2) of the Act, informs that it requires the contractor or subcontractor(s) to employ, on the basis of an employment contract, persons performing activities in the field of contract implementation, consisting in performing work in the manner specified in Article 22(1) of the Act of 26 June 1974 – the Labour Code. Details in this regard are included in Section IV of the SWZ. The contracting authority does not envisage the obligation for the contractor to conduct a local inspection and for the contractor to verify the documents necessary for the implementation of the contract available at the contracting authority. The contracting authority does not allow the possibility of submitting a variant offer, as referred to in Article 92 of the Pzp Act, i.e. an offer providing for a different manner of contract execution than specified in this SWZ. The contracting authority does not envisage the conclusion of a framework agreement and the establishment of a dynamic purchasing system and does not envisage the selection of the most advantageous offer with the application of an electronic auction. The contracting authority does not envisage the awarding of contracts on the basis of Article 214(1)(7) of the Pzp Act. The contracting authority does not allow the submission of an offer in the form of electronic catalogues or the attachment of electronic catalogues to the offer, in the situation specified in Article 93 of the Pzp Act. The contracting authority does not envisage settlement in foreign currencies. The settlement of the contract is conducted in PLN. The contracting authority does not envisage the return of the costs of participation in the procedure. The contracting authority does not envisage the granting of advances for the execution of the contract. The contract has not been divided into parts, as the contracting authority has carried out an analysis of the possibility of dividing the contract and found that, for technical, organisational, and economic reasons, the most efficient implementation of the contract will be by one contractor. The subject of the contract constitutes a functionally and organisationally uniform service, the implementation of which by one contractor is justified by the nature of the contract. The lack of division of the subject of the contract into parts does not violate the principle of competition. The size and value of the contract do not constitute a barrier to access for small and medium-sized enterprises.