Poland – Generator units – Dostawa mobilnego agregatu prądotwórczego o mocy od 200 do 250 kW

I. Procuring Entity's Representative: The Procuring Entity, pursuant to Article 37 of the Act of 11 September 2019 on Public Procurement (consolidated text Journal of Laws 2026, item 793), has entrusted the preparation and conduct of the procurement procedure to the company: Miejski Zakład Komunikacji w Toruniu spółka z ograniczoną odpowiedzialnością (acting as the Procuring Entity's Representative) with its registered office in Toruń (87-100 Toruń) at ul. Sienkiewicza 24/26, NIP: 8790177233, REGON: 341227892, District Court in Toruń, Commercial Division of the National Court Register: 0000406721, share capital: 120,151,000.00 PLN, telephone: 56 655 52 00, fax: 56 655 53 39, e-mail: [email protected], website of the conducted procedure: https://mzk-torun.ezamawiajacy.pl/pn/mzk-torun/demand/315867/notice/public/details

II. The procedure concerns a classic procurement, the value of which is equal to or exceeds the EU thresholds announced by the President of the Public Procurement Office on 8 December 2025 regarding the current EU thresholds, specified in the Directives of the European Parliament and of the Council 2014/24/EU, 2014/25/EU and 2009/81/EC for the years 2026–2027, their equivalents in PLN, the equivalents in PLN of amounts expressed in euro, and the average exchange rate of the Polish zloty to the euro, which serves as the basis for converting the value of public contracts or tenders. The subject matter of the procurement is part of a larger procurement awarded in parts, each of which is the subject of a separate procurement procedure.

III. Information about the subject of the procurement:

1. The subject of the procurement is the supply of a mobile power generator with a capacity of 200 to 250 kW.

2. The Procuring Entity does not divide the procurement (to which the subject procedure relates) into parts. The subject of the procurement constitutes a functional whole and there is no possibility of dividing the task into parts.

3. The unit, mentioned in point 1, must meet the technical requirements specified in Attachment No. 3 to the SWZ (description of the subject of the procurement).

4. Acting pursuant to Article 16b(2) of the Pzp, the Procuring Entity requires that the offered unit and its key components (generator and engine) come exclusively from Member States of the European Union or from countries that are parties to the Agreement on Government Procurement of the World Trade Organization or from other international agreements guaranteeing, on the basis of reciprocity and equality, access to the market for public procurement, of which the European Union is a party. The origin of the goods is determined in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1, as amended), according to which, goods wholly obtained in a given country or on a given territory are considered to originate in that country or territory (paragraph 1), and goods, the production of which involves more than one country or more than one territory, are considered to originate in the country or territory in which the goods were last subject to a substantial, economically justified processing or working, in an undertaking equipped to carry out such processing or working, which resulted in the creation of a new product or constituted an important stage in the manufacture (paragraph 2).

5. In the case of describing the subject of the procurement by indicating trademarks, patents or origin, source or a special process that characterizes the products or services provided by a specific contractor, the Procuring Entity allows equivalent solutions to those described, taking into account the provisions of the following: The Procuring Entity has made efforts to describe the subject of the procurement in a clear and exhaustive manner, using sufficiently precise and understandable terms, taking into account all the requirements and circumstances that may affect the preparation of the offer. However, wherever in the SWZ trademarks, patents or origin, source or a special process that characterizes the products or services provided by a specific Contractor are indicated, it means that the Procuring Entity could not describe the subject of the procurement in a sufficiently precise and understandable manner, and such an indication means the possibility of applying an equivalent solution or product, so as not to lead to the privileged treatment or elimination of certain contractors or products. The required features of equivalence specify in each case the boundary parameters and functional requirements indicated for a given element of the subject of the procurement.

6. In the case of describing the subject of the procurement by means of standards, technical assessments, technical specifications and technical reference systems, the Procuring Entity allows equivalent solutions to those described, taking into account the provisions of the following: Wherever in the SWZ specific standards or regulations are referred to, which the materials and devices are to meet, the provisions of the latest edition or amended edition of the referred standards and regulations will apply. In cases where the referred standards and regulations are national or relate to a specific country or region, other appropriate standards may also be applied, which ensure a basically equal or higher level of performance than the referred standards or regulations, provided that they are previously verified and approved in writing by the Procuring Entity.

7. Whenever the description of the subject of the procurement refers to standards, technical assessments, technical specifications, technical reference systems, as mentioned in Article 101(1)(2) and (3) of the Pzp, the Procuring Entity allows equivalent solutions on the condition that the Contractor proves in the offer, in particular by means of the subject matter evidential means, as mentioned in Articles 104-107 of the Pzp, that the proposed solutions meet the requirements specified in the description of the subject of the procurement to an equivalent extent. The Procuring Entity considers a solution to be equivalent if it enables the effect intended in the description of the subject of the procurement to be achieved by means of other technical solutions or parameters not worse than those required and described in the SWZ.