procedure number:NPR/IH/2023/002

SPECIFICATION OF THE TERMS OF THE ORDER

(SWZ)

concerning the procedure for awarding a sectoral contract above the EU

thresholds conducted in the mode open tender based on regulations
the Act of September 11, 2019. Public Procurement Law
(i.e. Journal of Laws of 2022, item 1710, as amended)
as

CONSTRUCTION OF THE STRENGTH STRENGTH AT THE

PRZEMYSŁOWY Wharf III-1 ÷ III-6 AND REPLACEMENT OF THE
FUMPER LINE AT THE III-1 AND III-2 INDUSTRIAL Wharf IN THE
PORT OF GDAŃSK

Gdansk, March 29, 2023

The Employer expects that the Contractors will carefully read the content of these ToR. The Contractor bears
the risks that may result from not familiarizing or incomplete familiarization with the content of these ToR
(including attachments), in particular the risks related to failure to provide all required information and
documents and submitting an offer that does not correspond to the content of the ToR

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Table of contents

1. NAME AND ADDRESS OF THE CONTRACTING AUTHORITY, TELEPHONE NUMBER, E-MAIL ADDRESS

E-MAIL ADDRESS AND WEBSITE OF THE CONDUCTED PROCEEDINGS………………………………………………….. .... 4

2. MODE OF AWARDING THE CONTRACT ………………………………………......................................................................... 4

3. ON-SITE VISIT OR VERIFICATION OF DOCUMENTS ……………………………………………………................................... 6

4. DESCRIPTION OF THE SUBJECT MATTER OF THE CONTRACT ................................................................................. 6

5. INFORMATION ON THE MEANS OF PROOF IN QUESTION ………………………………………............................................ 8

6. PARTIAL TENDERS……………………………................................................................................................................................... 8

7. VARIANT TENDERS……………………………............................................................................................................................. 8

8 DEADLINE FOR PERFORMANCE OF THE CONTRACT .................................................................................................... 8

9. DEPOSIT REQUIREMENTS …………………………………………...................................................................................... 9

10. INFORMATION ON OPTIONS AND ON ENVISAGED SIMILAR CONTRACTS ………………………………………..... 10

11. SUBCONTRACTORS …………….. .................................................................................................................................... 10

12. ECONOMIC OPERATORS COMPETING JOINTLY FOR THE CONTRACT (CONSORTIA) …………....................... 10

13. GROUNDS FOR EXCLUSION REFERRED TO IN ART. 108 AND 109 OF THE ACT………………… ...................... 11

14. INFORMATION ON THE CONDITIONS OF PARTICIPATION IN THE CONTRACT AWARD PROCEDURE .. ............. 13

15. LIST OF SUBJECTIVE EVIDENCE ………………………………………………. ............................................................. 15

16. PROVISION OF RESOURCES……………………. .................................................................................................................. 19

17. INFORMATION ON THE MEANS OF ELECTRONIC COMMUNICATION BY WHICH THE THE CONTRACTING
AUTHORITY WILL USE TO COMMUNICATE WITH ECONOMIC OPERATORS, AS WELL AS INFORMATION ABOUT
THE TECHNICAL AND ORGANISATIONAL REQUIREMENTS FOR PREPARING, SENDING AND RECEIPT OF
ELECTRONIC CORRESPONDENCE………………………………………………………….. ...................................................... 20

18. TIME LIMIT FOR BEING BOUND BY A TENDER ............................................................................................................. 22

19. DESCRIPTION OF BID PREPARATION……………….. ……….................................................................................... 22

20 MANNER AND DATE OF SUBMISSION AND OPENING OF TENDERS ……….......................................................... 25

21 METHOD OF CALCULATING THE PRICE .................................................................................................................. 25

22. DESCRIPTION OF THE CRITERIA FOR EVALUATION OF TENDERS, SPECIFYING THEIR WEIGHTINGS AND
MANNER OF EVALUATION OF TENDERS……………………………………………………… ....................................... 27

23. INFORMATION ON THE PERFORMANCE BOND ………………………………………………………………….... 28

24. ELECTRONIC AUCTION …………………..................................................................................................................... 28

25. INFORMATION ON FORMALITIES TO BE COMPLETED FOLLOWING BID SELECTION OF A TENDER IN ORDER

TO CONCLUDE A PUBLIC PROCUREMENT CONTRACT………………………………………………………… ................ 28

26. DRAFT PROVISIONS OF THE PUBLIC PROCUREMENT CONTRACT, WHICH WILL BE INTRODUCED INTO THE
PUBLIC PROCUREMENT CONTRACT……………………………………………………………………………………… 29

27 INFORMATION ON LEGAL REMEDIES AVAILABLE TO THE ECONOMIC OPERATOR ………………………….... 29

28. OTHER INFORMATION …………………………...................................................................................................................... 29

29 ANNEXES TO THE TERMS OF REFERENCE .............................................................................................................................. 29

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1. NAME AND ADDRESS OF THE ORDERING PARTY, PHONE NUMBER, EMAIL ADDRESS AND THE
WEBSITE OF THE PROCEEDINGS

1.1. Name and address of the Ordering Party:

Employer: Port of Gdansk Authority S.A.

address: ul. Closed 18, 80-955 Gdańsk
working hours: 7:00-15:00 (Monday to Friday, excluding public holidays)

1.2. Indication of persons authorized to communicate with Contractors:

The person authorized to contact the Contractors regarding the Proceedings is only:Katarzyna
Jędrzejewska– Secretary of the Tender Committee,
tel. +48 (58) 737 93 94
e-mail:katarzyna.jedrzejewska@portgdansk.pl
and in the absence of the Secretary of the Tender Committee
Piotr Nowotczynski– Chairman of the Tender Committee
tel. +48 (58) 737 93 91
e-mail:piotr.nowotczyński@portgdansk.pl

1.3. Website address of the proceedings: https://ezamowienia.gov.pl/mp

client/search/list/ocds-148610-b9b8e524-c71b-11ed-9355-06954b8c6cb9

1.4. Identifier (ID) of the procedure on the e-Procurement Platform:

ocds-148610-b9b8e524-c71b-11ed-9355-06954b8c6cb9, Official Journal of the European Union under
the number: 2023/S 063-186224.

2. PROCUREMENT PROCEDURE

2.1. The procurement procedure in questionis conducted on the basis of the Act of September 11, 2019 -
Public Procurement Law(i.e. Journal of Laws of 2022, item 1710, as amended)in the open tender
procedure- article 132 in relation to joke. 378 of the Public Procurement Law.
2.2. An open tender is a contract award procedure in which all interested Contractors may submit offers in
response to a public procurement notice.
2.3. Interested Contractors submit bids in accordance with the requirements of the Terms of Reference.
2.4. Whenever the Specification of the Terms of Purchase refers to:
2.4.1. EAT- this means the Single European Procurement Document drawn up in accordance with the
template resulting from the Commission Implementing Regulation (EU) 2016/7 of 5 January
2016 laying down a standard form for the Single European Procurement Document (Official
Journal EU L 3/16).EAT patternin the form of an interactive formconstitutesAppendix No. 3 to
the SWZ. The Contracting Authority recommends that when submitting an offer regarding
the conditions for participation in the procedure, the Contractor should limit himself to
completing section α of part IV of the ESPD form.
2.4.2. Order Notice– this means the notice of the Contract published in the Official Journal of the
European Union;
2.4.3. offer- it should be understood as a document prepared and signed by the Contractor, submitted
on the Offer Form constitutingAppendix No. 2 to the SWZ;
2.4.4. electronic signature– means an electronic signature made using a qualified device dedicated to
creating an electronic signature, which is based on a qualified certificate of electronic
signature (Article 3 point 12 of Regulation (EU) No. 910/2014 of the European Parliament and
of the Council of July 23, 2014 on electronic identification and trust services for electronic
transactions in the internal market and repealing Directive 1999/93/EC);
2.4.5. subcontractors- this means the entity to which the Contractor entrusts the execution of part of
the Subject of the Order (Subject of the Agreement) and with which it is obliged to conclude a
subcontract, i.e. a contract in writing for a fee, concluded between
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 a contractor and a subcontractor, and in the case of a contract for construction works, also
between a subcontractor and a further subcontractor or between further subcontractors,
under which the subcontractor or further subcontractor, respectively, undertakes to perform
part of the public contract;
2.4.6. Proceedings- it should be understood as this sectoral procedure initiated by submitting a notice,
conducted as an ordered sequence of activities based on the terms of the contract
established by the contracting authority, leading to the selection of the most advantageous
tender, ending with the conclusion of a public procurement contract or its cancellation, with
the proviso that the conclusion of a public procurement contract does not constitute an
activity in this procedure;
2.4.7. Specification or SWZ- this means these Terms of Purchase;2.4.8. e-Procurement platform–it
should be understood as a generally available, universal, free of charge tool (available at:
https://ezamowienia.gov.pl/, used for communication between contracting authorities and
contractors, including the safe submission of tenders and requests to participate in the procedure,
called nexte-Order platformthePlatform. 2.4.9. the Public Procurement Law Act- it should be
understood as the Act of September 11, 2019 - Public Procurement Law (i.e. Journal of Laws of 2022,
item 1710, as amended);
2.4.10. Contractors- it should be understood as a natural person, legal person or organizational unit
without legal personality, which offers on the market the performance of construction works
or a construction object, the supply of products or the provision of services, or applies for the
award of a contract, has submitted an offer or concluded a public procurement contract;
2.4.11. your order- it should be understood as a paid contract concluded between the Employer and
the Contractor, the subject of which is the purchase by the Employer of construction works,
supplies or services specified in point 4 of the SWZ from the selected Contractor,
andAppendix No. 1 to the SWZ.
2.5. The Ordering Party informs that pursuant to the provisions of Art. 139 of the Public Procurement Law will
apply the so-called "reverse procedure”i.e. first, it will examine and evaluate the bids, and then it will
qualify the Contractor whose bid received the highest score, in terms of the lack of grounds for
exclusion and meeting the conditions for participation in the procedure.
2.6. The proceedings are conducted in Polish.
2.7. ATTENTION!!!The Ordering Party informsthat the public procurement procedure will be conducted using
the e-Procurement Platform.Details regarding the electronic submission of tenders are indicated in
point 19 of the SWZ.
2.8. The Employer allows equivalent solutions that meet the conditions described by the Employer in the SWZ
by means of standards, approvals, technical specifications and technical reference systems referred to
in Art. 101 sec. 1 point 3 of the Public Procurement Law.
If the description of the subject of the contract indicates a trademark, patent, origin, source or specific
process that characterizes the products or services provided by a specific Contractor, it should be
assumed that the Employer provided such a description in order to determine the minimum
parameters that the products or services must meet in order to meet requirements set by the Ordering
Party and they constitute only a qualitative model of the subject of the order, and not an indication of
a specific product of a given manufacturer. The contractor who refers to equivalent solutions is obliged
to demonstrate that the supplies, services or construction works offered by him meet the
requirements specified by the Employer.
2.9. This contract is above the EU thresholds set out in the Public Procurement Law.2.10. This procedure is
financed from the Employer's own funds.
2.11. Based on Article. 257 point 1 of the Public Procurement Law, the Ordering Party reserves the right to
cancel proceedings, if the public funds which it intended to allocate to finance the whole or part of the contract
are not granted to it.

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3. SITE VISION OR NECESSITY TO VERIFY DOCUMENTS

3.1. The Employer provides for an optional site visit. The ContractorMaybetake part in the site inspection in
order to examine the subject of the contract and its surroundings and to obtain all information that
may be necessary to prepare the offer and conclude the Agreement. Participation in the site visitNOis
a prerequisite for submitting an offer. The cost of the site visit is borne by the Contractor himself.The
Contracting Authority shall provide the Contractor's representatives with access to the area where
the subject of the contract is to be performed.
3.2. During the participation in the on-site inspection, including in particular during the underwater inspection
specified in point 3.7. below, the Contractor is obliged to comply with all regulations, including those
regarding Occupational Health and Safety (during the on-site inspection).The Ordering Party shall not
be liable for any damage or harm caused during or in connection with the site inspection, in
particular in this area.

3.3. During the on-site visit, the Employer's representatives will not provide answers to questions regarding
the subject of the contract or SWZ.

3.4. Date of the meeting of the participants of the site visit:April 12, 2023 at 11:00.

3.5. Site visit:54O22’21.5”N 18O39'53.0"E (54.372650, 18.664717) - around 4 Chemików Street in Gdańsk,
around 23 poler.

3.6. Contractors interested in participating in the on-site inspection(also participation in the underwater vision,
specified in point 3.7. below) areare obliged to submit an application for participation by April 6,
2023, at 1:00 p.melectronically via the e-Order platform using the communication forms available in
the "Forms" tab ("Communication Forms").The Contractor is obliged to notify the Employer whether
he participates only in the basic vision of the site, or also in the underwater vision specified in point
3.7. below.
3.7. At the request of the Contractor, the Employer will also enable the Contractor to verify the presence of
underwater obstacles. The Contractoris obligedsubmit a request to carry out an underwater
inspection (in accordance with point 3.6. above), and the date of the inspection will be indicated by
the Employer, after receiving requests from the Contractors. Due to the occupancy of the Quay, the
vision on different sections of the Quay may take place at different times.

4. DESCRIPTION OF THE SUBJECT OF THE ORDER

4.1. The subject of the Order areconstruction works consisting in the construction of bottom reinforcement at
Quay Przemysłowe III-1 ÷ III-6 and replacement of the fender line of Quay III-1 and III-2 at the Port of
Gdansk.
The order has been divided into sections of the following length:
1) section III-1 - part of the Przemyslowe Quay with a length of 250.6 m is included between
points 36-36b;
2) section III-2 - part of the Przemyslowe Quay with a length of 100.6 m is included between
points 36b-36c;
3) section III-3 - a part of the Przemyśl Quay, 169 m long, located between points 36c-36d;
4) section III-4 - part of the Przemyslowe Quay with a length of 125 m is included between points
36d-36e.
5) section III-5 with a length of 75 m between points 36e-36f and section III-6 with a length of
82.1 m between points 36f-37 -in the event that the Ordering Party decides to exercise the
right of Option No. 1, in accordance with the Draft Agreement (Appendix No. 8 to the ToR)
and the OPZ, constituting Appendix No. 1 to the ToR.
4.2. The contracting authority provides for the possibility of usingoption rightson the terms set out in the Draft
Agreement(Appendix No. 8 to the SWZ)and Description of the subject of the contract(Appendix No. 1 to the
SWZ):
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 1) option number 1 right: regarding the implementation of section III-5, 75 m long, between
points 36e-36f and section III-6, 82.1 m long, between points 36f-37, in accordance with the
Draft Agreement(Appendix No. 8 to SWZ)and OPZconstituting Appendix No. 1 to the SWZ.
2) Law of Option No. 2: regarding the change in the method of making the fender line on
sections III-1 and III-2, in accordance with the Draft Agreement(Appendix No. 8 to SWZ)and
OPZconstituting Appendix No. 1 to the SWZ.
4.3. A detailed description of the subject of the order can be found in the Description of the subject of the
order, constitutingAppendix No. 1 to the SWZand the accompanying documentation.
4.4. Names and codes of the order according to the Common Procurement Vocabulary (CPV):
45000000-7 Works

45240000-1 Construction of water engineering facilities

45244000-9 Water construction works

4.5. Employment requirements based on an employment relationship in the circumstances referred to in Art.
95 of the Public Procurement Law:
1) The contracting authority requires the contractor or subcontractor to employ persons
performing the following activities in the scope of contract performance, i.e.:
a) making concrete or reinforced concrete elements for the load-bearing structures of
the building or elements filling the building, as well as creating elements
reinforced concrete roads, bridges, drainage structures and others;
b) making construction reinforcements and shaping bars, flat bars and steel sections;
c) preparation of surfaces for welding, welding of metal structures;
d) production of building construction elements, including the operation of specialized
machinery and equipment;
It is)performance of all renovation and construction works, including: all carpentry,
assembly, demolition, masonry and plastering works;
f) preparation of raw materials for assembly, welding of steel structures, grinding,
metalworking, transport of previously prepared elements to
the place where the proper assembly and assembly of the structure will be carried out
steel;
g) assembly and disassembly of system formwork, as well as their maintenance and
cleaning of concrete residues;
h) performing demolition works;
i) carrying out earthworks;
j) carrying out dredging works.

The obligation referred to above does not apply to:

a) construction manager,
b) hydrotechnical works manager,
c) persons performing independent technical functions in the construction industry
within the meaning of the Act of 7 July 1994 Construction Law.
2) during the performance of the order, the Ordering Party will be entitled to perform control
activities towards the Contractor regarding the Contractor's or subcontractor's compliance
with the requirement of employing persons performing the activities indicated in point 1
on the basis of an employment relationship. In order to verify the fulfillment of these
requirements, the Ordering Party will be entitled in particular to demand:
∙ statements of the employed employee,
∙ statements of the Contractor or subcontractor on the employment of an employee
under an employment contract,
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 ∙ a certified true copy of the employment contract of the employed employee,
∙ other documents
− containing information, including personal data, necessary to verify employment
under an employment contract, in particular the name and surname of the employed
employee, the date of concluding the employment contract, the type of employment
contract and the scope of the employee's duties;
3) At each request of the Employer, within the time limit set in this request, the Contractor shall
submit to the Employer the evidence indicated in point 2 in order to confirm that the
Contractor or subcontractor of persons performing the activities listed in point 1 meets
the employment requirement under an employment relationship. Sanctions for failure to
meet these requirements are specified in the draft provisions of the contract
constitutingAppendix No. 8 to the SWZ.
4) In the event of justified doubts as to the compliance with labor law by the Contractor or
subcontractor, the Ordering Party may request an inspection by the National Labor
Inspectorate.

5. INFORMATION ON THE SUBJECT Evidence

5.1. In order to demonstrate that the offered construction works meet the requirements specified by the
Employer, the Employer requires the submission of the following evidence:

Not applicable.

5.2. If the Contractor fails to submit the evidence in question or the submitted evidence is incomplete, the
Ordering Party will call for its submission or supplementation within the prescribed period.

Not applicable.

6. PARTIAL OFFERS

6.1. Not applicable

7. VARIANT OFFERS

7.1. The Ordering Party does not allow variant offers.

8. ORDER COMPLETION DATE

8.1. The contractor is obliged to complete the subject of the contract on time (without the scope covered by
the law of option no. 1 from point e) below)within 82 weeks from the date of conclusion of the
Agreement.The Contractor is obliged to:
a) performance of works on section III-3 - within 30 weeks from the date of conclusion of the
Agreement,b) performance of works on section III-4 - within 12 weeks from the expiry of the deadline
for the performance of works on section III-3,
c) performance of works on section III-2 - within 14 weeks from the expiry of the deadline for the
performance of works on the previous section indicated in the Schedule,
d) performance of works on section III-1 - within 26 weeks from the expiry of the deadline for the
performance of works on the previous section indicated in the Schedule,
It is)perform works on section III-6 and then III-5 - in total within 28 weeks from the expiry of the
deadline for the performance of works on the previous section indicated in the Schedule -in case

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 the Ordering Party's decision to exercise the right of option No. 1 in accordance with § 1 section
7 lit. and) of the draft Agreement.
8.2. Detailed provisions regarding the rules and deadlines for the implementation of construction works as part
of the performance of the subject of the contract are set out in the draft provisions of the contract.

9. DEPOSITS REQUIREMENTS

9.1. By joining this procedure, each Contractor is obliged to pay a deposit in the amount of:500 000.00 PLN(in
words: five hundred thousand zlotys);
9.2. The bid bond may be provided at the contractor's discretion in one or more of the following
forms:9.2.1. money;
9.2.2. bank guarantees;
9.2.3. insurance guarantees;
9.2.4. sureties provided by the entities referred to in Art. 6b sec. 5 point 2 of the Act of 9 November
2000 on the establishment of the Polish Agency for Enterprise Development (Journal of Laws
of 2019, item 310, as amended).
9.3. The deposit is paidbefore the expiry of the tender submission deadline and maintains it continuously
until the expiry of the tender validity periodexcept for the cases referred to in Art. 98 sec. 1 points 2
and 3 and sec. 2 of the Public Procurement Law.
9.4. The effective payment of the deposit in cash takes place when the funds are credited to the bank account
referred to in point 9.5. below, before the deadline for submission of Tenders. It is recommended that
the Contractor submits proof of payment of the bid bond in cash (a copy of the transfer confirmation)
together with the Tender.
9.5. The bid bond in cash should be paid to the account of the Ordering Party:
Bank account number: Alior Bank S.A. 84 2490 0005 0000 4600 8870 4929.
In the title of the transfer, enter: WADIUM in proceedings No. NPR/IH/2023/002. 9.6.In the event
that the Contractor provides a bid bond in the form of a bank guarantee, insurance guarantee or surety, the
content of these documents must in particular clearly show the guarantor's (bank, insurer, guarantor)
obligation to pay the entire amount of the bid bond irrevocably and unconditionally at the first request of the
Employer stating that one or more of the circumstances listed in Art. 98 section 6 of the Public Procurement
Law - without the need to confirm these circumstances.
9.7. If the bid bond is paid in the form of a guarantee or surety referred to in points 9.2.2-9.2.4, the Contractor
shall provide the Ordering Party with the original guarantee or surety in electronic form.9.8. The contracting
authority returns the bid bond immediately, but not later than within 7 days from the date of occurrence of
one of the following circumstances:
9.8.1. expiration of the offer validity period;
9.8.2. conclusion of a public procurement contract;
9.8.3. cancellation of the contract award procedure, except when the appeal against the cancellation
has not been resolved or the deadline for its submission has not expired.
9.9. Ordering Party, immediately, but not later than within 7 daysfrom the date of submission of the
applicationreturns the Contractor's bid bond:
9.9.1. who withdrew the offer before the deadline for submission of offers;
9.9.2. whose offer was rejected;
9.9.3. after selecting the most advantageous offer, except for the contractor whose offer was selected
as the most advantageous;
9.9.4. after the cancellation of the procedure, if the appeal against the cancellation has not been
resolved or the deadline for its submission has not expired.
9.10. Submission of the application for the return of the deposit referred to in point 9.9. results in the
termination of the legal relationship with the Contractor along with the loss of the right to use the
legal protection measures referred to in Section IX of the Public Procurement Law.
9.11. The contracting authority returns the bid bond paid in cash together with interest resulting from the bank
account agreement where it was stored, less the costs of maintaining the account

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 and a bank commission for transferring money to the bank account indicated by the Contractor.
9.12. The contracting authority returns the bid bond paid in a form other than in cash by submitting to the
guarantor or guarantor a statement on releasing the bid bond.
9.13. Failure to pay the bid bond within the required time limit, bringing it in incorrectly or failure to maintain
the bid bond continuously until the expiry of the bid bond validity period or submitting an application
for the return of the bid bond in the case referred to in Art. 98 sec. 2 point 3 of the Public Procurement
Law, will result in the rejection of the Offer pursuant to Art. 226 sec. 1 point 14 of the Public
Procurement Law.
9.14. In the case of submission of bids by Contractors jointly applying for the award of the Order, the bid bond
may be contributed by any entity (entities). The bid bond document or other document attached to
the Tender should indicate on behalf of which Contractors the bid bond is paid. The Employer will
return the bid bond to individual entities (being part of the Contractor)
relatively to the extent to which the bid bond was contributed by these individual entities, unless the
entities forming the Contractor agree otherwise and inform the Employer in writing.

10. INFORMATION ABOUT OPTIONS AND SIMILAR ORDERS ANTICIPATED

10.1. Purchaserdoes not providecontracts awarded in accordance with Art. 388 sec. 2 lit. c) the Public
Procurement Law.10.2. Purchaserpredictspossibilities to useoption rights. The scope and rules for exercising
the right of option no. 1 and the right of option no. 2 by the Ordering Party are specified in the Draft
Agreement (Appendix No. 8 to the ToR) and the Description of the subject of the contract (Appendix No. 1 to
the ToR).

11. SUBCONTRACTORS

11.1. Purchaserdoes not reservethe obligation to perform the Order personally by the Contractor.11.2. The
ContractorMaybeentrust the execution of part of the Order to the Subcontractor.11.3.
Purchaserdemandsindication by the Contractor in the offer of the part of the Order to be performed
intends to entrust to Subcontractors and providing by the Contractor the names of possible
Subcontractors, if they are known at the stage of submitting the offer.
11.4. Lack of information referred to in point 11.3. above will be considered as a declaration of independent
execution of the Order in its entirety by the Contractor who submitted the Offer.
11.5. Entrusting the performance of part of the Order to Subcontractors does not release the Contractor from
responsibility for the proper performance of this Order.
11.6. In the case of contracts for works and services to be performed at a site under the direct supervision of
the contracting authority, the contracting authority requests that, prior to commencing performance
of the contract, the economic operator provide the names, contact details and representatives of
subcontractors involved in such works or services, if they are already known . The Contractor shall
notify the Employer of any changes to the information referred to in the first sentence during the
performance of the contract, and provide the required information on new subcontractors to whom it
intends to entrust the execution of construction works or services at a later date.

12. JOINT CONTRACTORS APPLYING FOR THE CONTRACT (CONSORTIUM)

12.1. Contractors may jointly apply for a contract.

12.2. Contractors jointly applying for the contract award:
12.2.1. appoint a proxy to represent them in the contract award procedure or to represent them in
the procedure and conclusion of the public procurement contract.
12.2.2. are jointly and severally liable for the performance of the contract and the provision of security
for the proper performance of the contract.

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12.3. If the offer of Contractors jointly applying for the award of the contract is selected, the contracting
authority may request, prior to the conclusion of the public procurement contract, a copy of the
agreement regulating the cooperation of these Contractors.
12.4. With regard to the conditions related to education, professional qualifications or experience, Contractors
jointly applying for a contract may rely on the abilities of those Contractors who will perform
construction works or services for which these abilities are required.
12.5. In the case referred to in point 12.4 above, the Contractors jointly applying for the award of the
contract shall provide a statement together with the offer, which shows which construction works,
supplies or services will be performed by individual Contractors.
12.6. In the case of joint application for the Order by Contractors,EAT is submitted by each of the
Contractorsjointly applying for the Order.

13. GROUNDS FOR EXCLUSION REFERRED TO IN ART. 108 AND 109 OF THE ACT

13.1. Having regard to the provisions of Art. 393 sec. 1 of the Public Procurement Law, the Employer informs
that zof the procurement procedure, the Contractor is excluded(Article 108(1)(1)-6) of the Public
Procurement Law):13.1.1. being a natural person who has been validly convicted of a crime (article 108
sec. 1 point 1PPL Act):
a) participation in an organized crime group or association aimed at committing a crime or a
fiscal crime referred to in Art. 258 of the Penal Code;
b) trafficking in human beings referred to in Art. 189a of the Penal Code;
c) referred to in Art. 228–230a, art. 250a of the Penal Code or in Art. 46 or art. 48 of the Act of
25 June 2010 on sports (Journal of Laws of 2020, item 1133 and of 2021, items 2054
and 2142) or in art. 54 sec. 1-4 of the Act of 12 May 2011 on the reimbursement of
medicines, foodstuffs for particular nutritional uses and medical devices (Journal of
Laws of 2021, items 523, 1292, 1559 and 2054 and 2120);
d) financing a terrorist offense referred to in Art. 165a of the Penal Code, or the crime of
preventing or hindering the determination of the criminal origin of money or hiding
its origin, referred to in Art. 299 of the Penal Code;
It is)of a terrorist nature referred to in Art. 115 § 20 of the Penal Code, or aimed at
committing this crime;
f) entrusting work to a minor foreigner referred to in Art. 9 sec. 2 of the Act of 15 June 2012
on the effects of entrusting work to foreigners staying illegally on the territory of the
Republic of Poland (Journal of Laws of 2021, item 1745);
g) against economic turnover, referred to in art. 296– 307 of the Penal Code, the crime of
fraud referred to in Art. 286 of the Penal Code, an offense against the credibility of
the documents referred to in Art. 270– 277d of the Penal Code, or a tax offence;

– or for a relevant prohibited act specified in the provisions of foreign law;

13.1.2. if an incumbent member of its management or supervisory body, partner in a general

partnership or professional partnership or general partner in a limited partnership or limited
joint-stock partnership or commercial proxy has been validly convicted of the offense referred
to in point 1 (article 108 sec. 1 point 2Public Procurement Law);
13.1.3. against whom a final court judgment or a final administrative decision has been issued on
arrears with the payment of taxes, fees or social security or health insurance contributions,
unless the economic operator has paid the due taxes, fees or social security contributions
before the deadline for submission of tenders, respectively before the deadline for submission
of tenders has paid the due taxes, fees or social security contributions or health together with
interest or fines, or has entered into a binding agreement on the repayment of these
receivables (art. 108 sec. 1 item 3 of the PPL Act);

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 13.1.4. against which a ban on applying for public contracts has been legally issued (article 108 sec. 1
point 4Public Procurement Law);
13.1.5. if the Ordering Party may conclude, on the basis of credible premises, that the Contractor has
concluded an agreement with other Contractors aimed at distorting competition, in particular
if, belonging to the same capital group within the meaning of the Act of 16 February 2007 on
competition and consumer protection, they submitted separate offers, partial offers or
requests to participate in the procedure, unless they prove that they prepared these offers or
requests independently of each other (article 108 sec. 1 point 5Public Procurement Law);
13.1.6. if, in the cases referred to in Art. 85 sec. 1, there has been a distortion of competition resulting
from the previous involvement of this Contractor or an entity that belongs to the same capital
group with the Contractor within the meaning of the Act of 16 February 2007 on competition
and consumer protection, unless the resulting distortion of competition can be eliminated in
other way than by excluding the Contractor from participation in the contract award
procedure (article 108 sec. 1 point 6of the Public Procurement Law).

13.2. The Employer will also exclude the Contractor from the procedure(Article 109 section 1 item 1), 4),
7)-10) of the Public Procurement Law):
13.2.1. who has breached the obligations regarding the payment of taxes, fees or social or health
insurance contributions, except for the case referred to in point 13.1.3, unless the Contractor
has paid the due taxes, fees or social security contributions before the deadline for
submission of tenders, or together with interest or fines, or has entered into a binding
agreement on the repayment of these liabilities (article 109 sec. 1 point 1Public Procurement
Law);
13.2.2. in relation to which liquidation has been opened, declared bankrupt, whose assets are
administered by a liquidator or a court, entered into an arrangement with creditors, whose business
activities are suspended or is in any other similar situation arising from a similar procedure provided
for in the regulations of the place where this procedure is opened (article 109 sec. 1 point 4Public
Procurement Law);
13.2.3. who, for reasons attributable to him, to a large extent or to the extent failed to perform or
improperly performed or for a long time improperly performed a significant obligation
resulting from a previous public procurement contract or concession contract, which led to
termination or withdrawal from the contract, damages, substitute performance or exercise of
rights under the warranty for defects (article 109 sec. 1 point 7Public Procurement Law);
13.2.4. who, as a result of intentional action or gross negligence, misled the contracting authority
when presenting information that he or she is not subject to exclusion, meets the conditions
for participation in the procedure or the selection criteria, which could have had a significant
impact on the decisions made by the contracting authority in the contract award procedure,
or who concealed these information or is unable to provide the required subjective evidence
(article 109 sec. 1 point 8Public Procurement Law);
13.2.5. who unlawfully influenced or attempted to influence the activities of the Ordering Party or
tried to obtain or obtained confidential information that could give him an advantage in the
contract award procedure (article 109 sec. 1 point 9Public Procurement Law);
13.2.6. who, as a result of recklessness or negligence, provided misleading information, which could
have had a significant impact on the decisions made by the contracting authority in the
contract award procedure (article 109 sec. 1 point 10of the Public Procurement Law).

13.3. The Employer will also exclude the Contractor from the procedure(Article 7(1) of the Act of April 13,
2022 on special solutions to counteract the support of aggression against Ukraine and to protect
national security):
13.3.1. listed in the lists specified in Regulation 765/2006 and Regulation 269/2014 or entered on the
list on the basis of a decision on the entry on the list determining the application of the
measure referred to in Art. 1 point 3 above. laws;
13.3.2. whose real beneficiary within the meaning of the Act of March 1, 2018 on counteracting
money laundering and financing terrorism (Journal of Laws of 2022, items 593 and 655)

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 is a person listed in the lists specified in Regulation 765/2006 and Regulation 269/2014 or
entered on the list or being such a real beneficiary from February 24, 2022, if he was entered
on the list on the basis of a decision on entry on the list determining the application of the
measure referred to in Art. 1 point 3 above. laws;
13.3.3. whose parent company within the meaning of Art. 3 sec. 1 point 37 of the Accounting Act of 29
September 1994 (Journal of Laws of 2021, item 217, 2105 and 2106), is an entity listed in the
lists specified in Regulation 765/2006 and Regulation 269/2014 or entered on the list or being
such a parent company from February 24, 2022, if it was entered on the list on the basis of a
decision on the entry on the list determining the application of the measure referred to in Art.
1 point 3 above. of the act.
13.4. The Employer will also exclude the Contractor from the procedure(Article 5k of Council Regulation (EU)
No. 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilizing
the situation in Ukraine (Official Journal EU No. L 229 of 31.7.2014, p. 1) , hereinafter: Regulation
833/2014, in the wording given by Council Regulation (EU) 2022/576 amending Regulation (EU) No.
833/2014 concerning restrictive measures in view of Russia's actions destabilizing the situation in
Ukraine (Official Journal EU No. L 111 of 8.4.2022, p. 1), hereinafter: Regulation 2022/576):
13.4.1. being a Russian citizen or a natural or legal person, entity or body based in Russia;
13.4.2. being a legal person, entity or body, to which ownership rights directly or indirectly in more
than 50% belong to the entity referred to in point 13.4.1. this paragraph; or
13.4.3. being a natural or legal person, entity or body acting on behalf of or under the direction of the
entity referred to in point 13.4.1. or 13.4.2. this paragraph,

including a subcontractor, supplier or entity whose capacities are relied upon within the meaning of
the Public Procurement Directives where they account for more than 10% of the contract value.

14. INFORMATION ON THE CONDITIONS OF PARTICIPATION IN THE CONTRACT AWARD PROCEDURE

14.1. Contractors who:

14.1.1. are not excluded;
14.1.2. meet the conditions for participation in the Procedure.
14.2. Contractors who meet the conditions for participation in the Procedure, set out in Art. 112 sec. 2 points
1)-4) of the Public Procurement Law, regarding:
14.2.1. ability to appear in economic transactions, i.e.:
It applies only to Contractors in the event that it is required in accordance with the generally
applicable law in the country in which they have their registered office or place of residence.
The Ordering Party does not specify the condition in this regard.
14.2.2. authorization to conduct a specific business or professional activity, if it results from separate
regulations, i.e.:
It applies only to Contractors in the event that it is required in accordance with the generally
applicable law in the country in which they have their registered office or place of residence.
14.2.3. economic or financial situation, i.e.:
The Ordering Party does not specify the condition in this regard.

14.2.4. technical or professional capacity, i.e.:

– in terms of the Contractor's experience:

The contractor will meet the condition if he proves that he has the necessary experience and
in the recent period5 yearsbefore the deadline for submission of tenders, and if the period of
the Contractor's activity is shorter - during this period, he duly performed and in accordance
with the provisions of the Construction Law and correctly completed (i.e. as a result of partial
or final acceptance)at least 2 construction works(at least 2 investments -

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 contracts) consisting (each of them) in the construction, reconstruction or renovation of a
marine hydrotechnical structure, the scope of which included strengthening the bottom with
gabions on an area of ​at least 2,000 m2(each of them) and a minimum depth of 9 m (each of
them), with a gross value (each of them) of not less than PLN 2,500,000.

OR

The contractor will meet the condition if he proves that he has the necessary experience and
in the recent period5 yearsbefore the deadline for submission of tenders, and if the period of
the Contractor's activity is shorter - during this period, he duly performed and in accordance
with the provisions of the Construction Law and correctly completed (i.e. as a result of partial
or final acceptance)at least 1 construction job(at least 1 investment - contract) consisting
(each of them) in the construction, reconstruction or renovation of a marine hydrotechnical
structure, the scope of which included strengthening the bottom with gabions on an area of
​at least 4,000 m2(each of them) and a minimum depth of 9 m (each of them), with a value
(each of them) of not less than PLN 5,000,000 gross.

In the case of Contractors jointly applying for the award of a contract or relying on the
capacities of other entities of the above-mentioned Contractors may meet the condition
jointly.

Conceptoffshore hydrotechnical constructionshould be interpreted in accordance with § 2

point 6Regulation of the Minister of Transport and Maritime Economy of June 1, 1998 on the
technical conditions to be met by marine hydrotechnical structures and their location(Journal
of Laws of 1998, No. 101, item 645).

Values ​expressed in currencies other than PLN should be converted according to the average
exchange rate published by the National Bank of Poland for a given currency (Table A) on the
date of acceptance of the construction work.

14.2.5. in the scope of persons delegated by the Contractor to perform the order- The Contractor will
meet the conditions if he proves that he will send a team of people to perform the contract
who meet at least the following requirements:

The contractor will meet the condition if he proves that he has or will have and will direct the
following persons to perform the contract:

a) Site Manager- a person with higher technical construction education, unlimited building license
to manage construction works in the hydrotechnical engineering specialty, who
hasexperience:
∙ in managing at least two construction works, each of which consisted in the
construction, reconstruction or renovation of a marine hydrotechnical structure with
the implementation of bottom reinforcement with gabions on an area of ​at least
1,000 m2(each of them) and a minimum depth of 9 m (each of them);
LUB
∙ in managing at least one construction work, consisting (each of them) in the
construction, reconstruction or renovation of a marine hydrotechnical structure with
the performance of bottom reinforcement with gabions on an area of ​at least 2,000
m2(each of them) and a minimum depth of 9 m (each of them);

b) Manager of hydrotechnical works– a person with higher technical construction education,

unlimited building qualifications to manage construction works in the hydrotechnical
engineering specialty, who hasexperiencein managing at least one construction work
consisting (each of them) in the construction, reconstruction or
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 renovation of the offshore hydrotechnical structure, which included strengthening the bottom
with gabions on the surface of at least 1,000 m2(each of them) and a minimum depth of 9 m
(each of them).

The Contracting Authority does not allow the submission of one person to perform the functions
listed in point a) and b) above.

All of the above persons must be members of the relevant chamber of professional self-government,
in accordance with Art. 12 sec. 7the Act of July 7, 1994 Construction Law, nextConstruction law.

Whenever we talk about building licenses, managing works or performing investor's supervision, the
above terms should be interpreted in accordance with the provisionsconstruction lawand the
Regulation of the Minister of Infrastructure and Development of April 29, 2019 on professional
preparation to perform independent technical functions in the construction industry.

When specifying the requirements for building qualifications held, the contracting authority shall
admit the corresponding construction qualifications issued on the basis of previously applicable
regulations or professional qualifications entitling to manage construction works in a given specialty
acquired in other than the Republic of Poland Member States of the European Union, in the Member
States of the European Agreement on Trade (parties to the agreement on the European Economic
Area) or in the Swiss Confederation pursuant to art. 12a of the Construction Law and the provisions of
the Act of 22 December 2015 on the rules for the recognition of professional qualifications acquired in
the Member States of the European Union.

In the case of Contractors jointly applying for the award of a contract or relying on the capacities of
other entities of the above-mentioned Contractors may meet the condition jointly.

15. LIST OF SUBJECTIVE Evidence

15.1. Pursuant to art. 139 of the Public Procurement Law, will first examine and evaluate the bids, and then
qualify the Contractor whose bid received the highest score, in terms of the lack of grounds for
exclusion and meeting the conditions for participation in the procedure. The provisions of art. 139 sec.
3 and sec. 4 of the Public Procurement Law shall apply.
The contractor will be required to submitalong with the offera statement on not being subject to
exclusion and meeting the conditions for participation in the procedure, to the extent indicated by the
contracting authority on the form of the Single European Procurement Document (EAT) .
The Contracting Authority recommends that when submitting an offer regarding the conditions for
participation in the procedure, the Contractor should limit himself to completing section α of part IV
of the ESPD form. The ESPD shall be prepared under pain of nullity in electronic form and provided
with a qualified electronic signature. 15.1.1.The Contractor who refers to the resources of entities
providing resources for the purpose
to prove that there are no grounds for exclusion against them and that, to the extent that
their resources are referred to, the conditions for participation in the Proceedings are met,
the SED statement of the entity providing the resources in electronic form signed by the entity
providing the resources is presented.
15.1.2. In the case of a joint application for a contract by Contractors, the ESPD shall be submitted by
each of the Contractors jointly applying for a Contract. These documents confirm the
fulfillment of the conditions for participation in the procedure and the lack of grounds for
exclusion to the extent that each of the Contractors demonstrates the fulfillment of the
conditions for participation in the procedure and the lack of grounds for exclusion.
15.1.3. The Contractor prepares the ESPD using an interactive form provided by the Employer on the
e-Order Platform, constituting Appendix No. 3 to the SWZ: a)to run the EAT form in edit
mode, the user should select the "Fill in" option.

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 b) After the ESPD has been prepared, it should be saved in .pdf format and signed with a
qualified electronic signature by persons authorized to represent the entity to which the
ESPD applies.

Attention!

The provisions of this Specification of the Procurement Conditions regarding the ESPD should be
applied accordingly to the Declarations of the contractor/contractor jointly applying for the contract
regarding the grounds for exclusion under Art. 5k of regulation 833/2014 in the wording given by
regulation 2022/576 and art. 7 sec. 1 of the Act on special solutions for counteracting the support of
aggression against Ukraine and for the protection of national security, submitted pursuant to Art.
125 sec. 1 of the Public Procurement Law. Statements must be submitted along with the offer,
signed with a qualified electronic signature by persons authorized to represent the entity to which
the Statements refer(the model of Declarations is attached as Appendix No. 12 to the SWZ).

15.2. Prior to the selection of the most advantageous tender, the Contracting Authority shall call upon the
Contractor whose tender was evaluated the highest, to submit, within the prescribed period, not
shorter than 10 days, subjective evidence valid as at the date of submission, as follows:
15.2.1. to confirm the lack of grounds for exclusion, requests a submission:

a) information from the National Criminal Registerwithin the scope specified in art. 108 sec.
1 points 1 and 2, subject to Art. 108 sec. 1) letter h) the Public Procurement Law
(applies to: natural persons, members of the management board, members of
supervisory boards, proxies, partners in general and professional partnerships,
general partners in a limited partnership or limited joint-stock partnership), drawn up
not earlier than 6 months before its submission;
If two or more Contractors jointly apply for a Contract, the documents in question shall be submitted
separately by each Contractor.
If the Contractor uses entities that provide resources under the conditions set out in Art. 118 section 1 of the
Public Procurement Law, the documents in question are submitted by each of these entities.
b) information from the National Criminal Registerwithin the scope specified in art. 108 sec.
1 point 4) of the Public Procurement Law, concerning the prohibition of applying for a
public contract as a penal measure, drawn up not earlier than 6 months before its
submission;If two or more Contractors jointly apply for a Contract, the document in question shall be
submitted separately by each Contractor.
If the Contractor uses entities that provide resources under the conditions set out in Art. 118 sec. 1 of the
Public Procurement Law, the documents in question are submitted by each of these entities.
c) contractor's declarations, in the scope of art. 108 sec. 1 point 5 of the Act,not belonging to
the same capital groupwithin the meaning of the Act of 16 February 2007 on
competition and consumer protection (Journal of Laws of 2019, item 369), with
another contractor who submitted a separate tender, or a declaration of belonging to
the same capital group together with documents or information confirming the
preparation of the offer, regardless of another contractor belonging to the same
capital group - the model statement providesAppendix No. 7 to the SWZ;
If two or more Contractors jointly apply for a Contract, the document in question shall be submitted
separately by each Contractor.
d) a certificate issued by the competent head of the tax officein the scope of art. 109 sec. 1
point 1 of the Act confirming that the contractor is not in arrears with the payment of
taxes and fees, issued not earlier than 3 months before its submission, and in the
case of arrears with the payment of taxes and fees, together with a certificate, the
contracting authority requests the submission of documents confirming that the
contractor is has paid the taxes due with interest or fines, or has entered into a
binding agreement on the repayment of such liabilities;
If two or more Contractors jointly apply for a Contract, the document in question shall be submitted
separately by each Contractor.
If the Contractor uses entities that provide resources under the conditions set out in Art. 118 sec. 1 of the
Public Procurement Law, the documents in question are submitted by each of these entities.

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 e) a certificate or other document of a competent local organizational unit of the Social
Insurance Institution or a competent regional branch or a competent local branch
of the Agricultural Social Insurance Fundor another document confirming that the
economic operator is not in arrears with the payment of social security or health
insurance contributions, within the scope of Art. 109 sec. 1 point 1 of the Act, issued
not earlier than 3 months before submitting it, and in the event of arrears with the
payment of social security or health insurance premiums together with a certificate
or other document, the contracting authority requests the submission of documents
confirming that the contractor has paid the due insurance premiums before the
deadline for submitting Tenders or health insurance with interest or fines, or has
entered into a binding agreement on the repayment of these liabilities.
If two or more Contractors jointly apply for a Contract, the document in question shall be submitted
separately by each Contractor. If the Contractor uses entities that provide resources under the conditions set
out in Art. 118 sec. 1 of the Public Procurement Law, the documents in question are submitted by each of
these entities.
f) copy or information fromof the National Court Register or from the Central Register and
Information on Economic Activity, within the scope of Art. 109 sec. 1 point 4 of the Act,
drawn up not earlier than 3 months before its submission, if separate provisions require entry
in the register or records;
If two or more Contractors jointly apply for a Contract, the documents in question shall be submitted
separately by each Contractor.
If the Contractor uses entities that provide resources under the conditions set out in Art. 118 sec. 1 of the
Public Procurement Law, the documents in question are submitted by each of these entities.

g) the Contractor's statement on the validity of the information contained in the ESPD
statement in the scope of: art. 108 sec. 1 point 3 of the Act, Art. 108 sec. 1 point 4 of the Act
concerning the prohibition of applying for a public contract as a preventive measure, Art. 108
sec. 1 point 5 of the Act concerning the conclusion of an agreement with other contractors
aimed at distorting competition, Art. 108 sec. 1 point 6 of the Act, Art. 109 sec. Article 109
sec. 1 items 7-10 of the Act, and contained in the Statements from Art. 5k of regulation
833/2014 in the wording given by regulation 2022/576 and art. 7 sec. 1 of the Act of April 13,
2022 on special solutions for counteracting the support of aggression against Ukraine and for
the protection of national security - the model statement containsAppendix No. 11 to the
SWZ; If two or more Contractors jointly apply for a Contract, the documents in question shall be submitted separately
by each Contractor. If the Contractor uses entities that provide resources under the conditions set out in Art. 118 sec. 1
of the Public Procurement Law, the documents in question are submitted by each of these entities.

15.2.2. to confirm the fulfillment of the conditions for participation in the procedure, requests the
submission of: a)In order to confirm the fulfillment by the Contractor of the conditions for
participation in the proceedings concerningtechnical or professional abilityThe Ordering Party
demands the following subjective means of proof:
1) List of completed construction works, together with their type, value, date and place of execution and
entities for whom
these services have been performed (the template of the document is Appendix No. 4 To SWZ) in accordance
with the provisions in point 14.2.4 of the SWZ, and the attachment of evidence determining whether these
services have been performed properly, and the evidence in question are references or other documents
drawn up by the entity for which the services were performed, and if the contractor is unable to obtain these
for reasons beyond his control documents– other relevant documents (for construction works) or the
Contractor's statement (applies to services).

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If the Contractor refers to experience in the execution of the contract (contract), performed jointly with other
Contractors, the list applies order (agreement) in which the Contractor directly participated, and the scope of
work performed by this Contractor under the above-mentioned order (contract) for construction works must
meet the requirements of the Ordering Party specified in the condition of participation referred to in point
14.2.4. SWZ. Applies accordingly to Contractors applying jointly for the award of the contract and the Entity
providing resources.

2) List of personsdirected by the Contractor to perform the public contract, responsible in particular for
managing the works construction workers, together with information on their professional qualifications,
qualifications and experience necessary to perform the contract public, as well as the scope of activities
performed by them and information on the basis for disposing of these persons. (Model document
constitutesAppendix No. 5 to the SWZ).

15.3. If the Contractor has its registered office or place of residence outside the borders of the Republic of
Poland, instead:
15.3.1. information from the National Criminal Register referred to in point 15.2.1. points a)-b) above
submits information from the relevant register or, in the absence of such a register, another
equivalent document issued by the competent judicial or administrative authority of the
country where the economic operator has its registered office or place of residence, within
the scope of art. 108 sec. 1 points 1, 2 and 4 of the Public Procurement Law;
15.3.2. the certificate referred to in point 15.2.1. lit. d) above, a certificate or other document
confirming that the economic operator is not in arrears with the payment of social security or
health insurance contributions referred to in 15.2.1. lit. e) above, or a copy or information
from the National Court Register or from the Central Register and Information on Economic
Activity, referred to in point 15.2.1. lit. f) above– submits a document or documents issued in
the country where the economic operator has its registered office or place of residence,
confirming respectively that:
a) has not breached obligations regarding the payment of taxes, fees or social or health
insurance contributions,
b) its liquidation has not been opened, it has not been declared bankrupt, its assets are not
administered by a liquidator or by a court, it has not entered into an arrangement
with creditors, its business activities are not suspended or it is not in any other
similar situation arising from a similar procedure provided for in the legislation of the
place where the procedure is opened ;

15.4. The document referred to in point 15.3.1. should be issued not earlier than 6 months before its
submission. Documents referred to in point 15.3.2. should be issued not earlier than 3 months before
their submission. If in the country where the economic operator has its registered office or place of
residence, the documents referred to in points 15.3.1., 15.3.2. or when these documents do not relate
to all the cases referred to in Art. 108 sec. 1 points 1, 2 and 4, art. 109 sec. 1 point 1 of the Public
Procurement Law, shall be replaced, respectively, in whole or in part, by a document containing,
respectively, a statement by the contractor, indicating the person or persons authorized to represent it,
or a statement by the person to whom the document was to refer, made under oath, or, if in the
country, where the Contractor has its registered office or place of residence, there are no provisions on
a declaration under oath, submitted before a judicial or administrative authority, notary public,
professional or economic self-government body competent for the seat or place of residence of the
Contractor.

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16. RESOURCE SHARING

16.1. In order to confirm compliance with the conditions for participation in the procedure, the economic operator may, in
appropriate situations and in relation to a specific contract or part thereof, rely on the technical or professional
abilities or financial or economic standing of the entities providing resources, regardless of the legal nature of the
legal relations between it and them .
16.2. With regard to the conditions related to education, professional qualifications or experience, Contractors may rely on
the capacities of entities providing resources ,if these entities perform construction works or services for which these
capacities are required.
16.3. A contractor who relies on the capacity or situation of entities providing resources shall submit,along with the offer,
an obligation of the entity providing the resourcesto put at its disposal the necessary resources for the purposes
of the performance of a given contract, or other subjective means of evidence confirming that the Contractor,
when performing the contract, will have the necessary resources of these entities. The model of the commitment
isAppendix No. 6 to the SWZ.
16.4. The commitment of the entity providing the resources referred to in point 16.3. above confirms that the relationship
between the Contractor and the entities providing resources guarantees actual access to these resources and
specifies in particular:
1) the scope of the resources of the entity providing the resources available to the Contractor;2) the manner and
period of making available to the Contractor and the use by him of the resources of the entity providing these
resources in the performance of the contract;
3) whether and to what extent the entity providing resources, on whose abilities the Contractor relies with regard
to the conditions for participation in the procedure regarding education, professional qualifications or
experience, will perform the construction works or services to which the indicated abilities relate.
16.5. The Contractor, in the case of relying on the capacities or situation of entities providing resources, submitsEAT
declarations of resource providersin electronic form, confirming that there are no grounds for exclusion of this
entity and that the conditions for participation in the procedure are met, to the extent to which the Contractor
refers to its resources.
16.6. The commitment and the ESPD shall be submitted in electronic form and signed with a qualified electronic signature
of the person authorized to represent the entity providing the resources. If the Commitment was drawn up as a
document in paper form and signed with a handwritten signature, a digital copy of this document with a qualified
electronic signature is provided. Certification of the compliance of the digital representation with the document in
paper form is made by the Contractor or the contractor jointly applying for the contract, or a notary public,
respectively. If the authorization of the signer(s).
The obligation/EDZ does not result directly from the document stating the legal status of the Contractor,
Contractors jointly applying for a public procurement, the entity providing resources on the terms set out in Art.
118 of the Public Procurement Law or a subcontractor who is not an entity making resources available on such
terms, a power of attorney or other document confirming the authorization to represent should be attached.
16.7. The Contracting Authority assesses whether the technical or professional abilities made available to the Contractor by
the entities providing the resources, or their financial or economic standing, allow the Contractor to demonstrate
compliance with the conditions for participation in the procedure referred to in Art. 112 sec. 2 items 3 and 4 of
the Public Procurement Law, and also examines whether there are grounds for exclusion against this entity that
have been provided for the Contractor.
16.8. The entity that has undertaken to make the resources available is jointly and severally liable with the Contractor,
which is based on its financial or economic situation, for the damage suffered by the Ordering Party as a result of
failure to make these resources available, unless the entity is not at fault for the failure to make the resources
available.
16.9. If the technical or professional abilities, economic or financial situation of the entity providing the resources do not
confirm that the economic operator meets the conditions for participation in the procedure, or there are grounds
for exclusion of this entity, the contracting authority requests that the economic operator, within the time limit
specified by the contracting authority, replaces this entity with another entity or entities or demonstrates that he
himself meets the conditions for participation in the procedure.
16.10. The contractor may not, after the deadline for the submission of tenders, invoke the capacity or the situation
entities providing resources, if at the stage of submitting bids it did not rely in a given scope on the capacities or situation
of entities providing resources.

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17. INFORMATION ON ELECTRONIC COMMUNICATION MEANS USED THE
CONTRACTING PARTY WILL COMMUNICATE WITH CONTRACTORS, AND INFORMATION
ABOUT TECHNICAL AND ORGANIZATIONAL REQUIREMENTS FOR PREPARING, SENDING
AND RECEIVING ELECTRONIC CORRESPONDENCE

17.1 In the public procurement procedure, communication between the Employer and contractors takes
place only using the e-Procurement Platform, which is available athttps://ezamowienia.gov.pl
The Employer recommends that the Contractor participating in the procedure familiarize himself
withRegulations e-Procurement platformsand information in the "Help Center" tab available on
the websitehttps://ezamowienia.gov.pl
17.2. The procedure can be searched on the main page of the e-Procurement Platform ("Browse
procedures/competitions" button).
17.3. Identifier (ID) of the procedure on the e-Order Platform:ocds-148610-b9b8e524-c71b-11ed
9355-06954b8c6cb9

17.4. Using the e-Order Platform is free of charge.

17.5. The contractor intending to participate in the public procurement procedure must have an account
of the "Contractor" entity on the e-Procurement Platform. Detailed information on setting up
accounts of entities as well as the terms and conditions of using the e-Procurement Platform are
specifiedRegulations of the e-Order Platformand information in the "Help Center" tab available on
the websitehttps://ezamowienia.gov.pl
17.6. Viewing and downloading the public content of the documentation of the procedure does not require
an account on the e-Order Platform or logging in.
17.7. The method of preparing electronic documents or electronic documents that are electronic copies of
content saved in paper form (digital reproductions) must comply with the requirements set out in the
Regulation of the Prime Minister of December 30, 2020 on the method of preparing and submitting
information and technical requirements for electronic documents and means of electronic
communication in a public procurement procedure or competition (Journal of Laws of 2020, item
2452, hereinafter:regulation of the Prime Minister).
17.8. Electronic documents referred to in § 2 section 1regulation of the Prime Ministershall be prepared in
electronic form, in data formats specified in the provisions of the Regulation of the Council of
Ministers of 12 April 2012 on the National Interoperability Framework, minimum requirements for
public registers and exchange of information in electronic form and minimum requirements for IT
systems, Journal of Laws 2017 item 2247, further:regulation on the National Interoperability
Frameworktaking into account the type of data transferred and are provided as attachments. In the
case of the formats referred to in Art. 66 sec. 1 of the Public Procurement Law, the above-mentioned
regulations will not be directly applicable.
17.9. Information, statements or documents other than those listed in § 2 sec. 1 of the Regulation of the
Prime Minister on the requirements for electronic documents, submitted in the procedure shall be
prepared in electronic form:
17.9.1 in the data formats specified in the provisions of the Regulation of the Council of Ministers on
the National Interoperability Framework (and provided as an attachment), or
17.9.2 as a text entered directly into a message sent using electronic means of communication (e.g. in
the content of the "Communication Form").
17.10 If electronic documents, transmitted using means of electronic communication, contain information
constituting a trade secret within the meaning of the provisions of the Act of 16 April 1993 on
combating unfair competition (Journal of Laws of 2020, item 1913 and of 2021, item 1655), the
contractor, in order to maintain the confidentiality of this information, provides it in a separate and
appropriately marked file, with the simultaneous marking "Document constituting a business
secret" in the name of the file. In case the contractor does not separate and does not
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 thus secure the confidentiality of information, the Ordering Party shall not be liable for any possible
disclosure of their content together with non-confidential information.
17.11 Communication in the procedure, excluding the submission of tenders/requests for admission to the
procedure, takes place electronically via the communication forms available in the"Forms"
("Communication Forms").Through the "Communication Forms", in particular, calls and
notifications are sent, questions are asked and answers are provided. Communication forms also
allow you to attach an attachment to the sent message ("add attachment" button). In the case of
attachments which, in accordance with the Public Procurement Law or the Regulation of the Prime
Minister, bear a qualified electronic signature, they may be provided with an external or internal
signature, as selected by the Contractor/Contractor jointly applying for the award of the
contract/entity providing resources. Depending on the type of signature and its type (external,
internal), previously signed documents together with the generated signature file (external type) or
a document with a sewn-in signature (internal type) are added to the sent message.
17.12 Can be used in dealing with"Communication Forms"fully requires having a "Contractor" account on
the e-Order Platform and logging in to the e-Order Platform. To use"Communication Forms"used to
ask questions regarding the content of procurement documents, it is sufficient to have the so-called
simplified account on the Platform. All messages sent and received in the procedure by the
Contractor are visible after logging in in the preview of the procedure in the "Communication" tab.
17.13 The maximum size of files sent via "Communication Forms" is150 MB (this size applies to files sent
as attachments to one form).17.14 The minimum technical requirements for the equipment used to use
the services of the e-Order Platform and information regarding the connection specification are set out in
the Regulations of the e-Order Platform.
17.15 In the event of technical problems and failures related to the functioning of the e-Order Platform,
users may use the technical support available at the telephone number (32) 77 88 999 or
electronically via the form available on the websitehttps://ezamowienia.gov.pl in the "Report a
problem" tab.
17.16 INparticularly justified cases preventing communication between the Contractor and the Ordering
Party via the e-Ordering Platform, the Ordering Party allows communication via e-mail to the e-mail
address: indicated in point 1.2. SWZ (does not apply to the submission of tenders).
17.17 The Ordering Party does not plan to communicate with the Contractors in any other way than using
the above-mentioned means of electronic communication.
17.18 The Contractor may request the Employer to clarify the content of the ToR. 17.19Explanations and
inquiries are submitted via a dedicated form available on the websitehttps://ezamowienia.gov.plin
accordance with points 17. 11 and 17.12 of the SWZ.
17.20 The Employer shall provide explanations immediately, but no later than on6 daysbefore the deadline
for submission of tenders, provided that the request for clarification of the content of the SWZ was
received by the Employer no later than on14 daysbefore the deadline for submission of tenders.
17.21 The content of the inquiries along with explanations will be made available by the Ordering Party on
the website of the conducted procedure, without disclosing the source of the inquiry.
17.22 In justified cases, the Ordering Party may change the content of the ToR before the deadline for
submission of tenders. The modification of the SWZ content made available by the Ordering Party
on the website of the conducted procedure. In the event that a change in the content of the SWZ
leads to a change in the content of the contract notice, the contracting authority shall submit the
notice referred to in Art. 90 sec. 1Public Procurement Law.

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18. BINDING DATE OF THE OFFER

18.1. By submitting an offer, the contractor remains bound by it for a period90 dayscounting from the deadline
for submission of tenders, i.e. toAugust 13, 2023,the first day of the bid validity period is the day on
which the bid submission deadline expires.
18.2. If the selection of the most advantageous tender does not take place before the expiry of the bid validity
period referred to above, the Contracting Authority, before the expiry of the tender validity period,
asks the Contractors once for their consent to extend this period by the period indicated by him, not
longer than 60 days.Extension of the tender validity period requires the Contractor to submit a
written statement of consent to extend the tender validity period.
18.3. If the Ordering Party demands a deposit, the extension of the bid bond validity period referred to above
takes place along with the extension of the bid bond validity period or, if it is not possible, with the
payment of a new bid bond for the extended bid bond period.
18.4. Refusal to give consent referred to in point 18.2. does not result in the loss of the bid bond, while the
Contractor's offer will be rejected.

19. DESCRIPTION OF THE MANNER OF PREPARING THE OFFER

19.1. The offer should be made on the Offer Form, constituting Appendix No. 2 to the ToR - The form cannot
be supplemented pursuant to Art. 128Public Procurement Law. Along with the Bid Form, the
Contractor shall submit the documents listed in point 19.14. SWZ.
19.2. The Employer recommends that the Contractor intending to submit an offer in the procedure
familiarize himself with WithRegulations of the e-Order Platform, and information in the "Centrum
Help” available on the websitehttps://ezamowienia.gov.pl .
19.3 The tender must be submitted under pain of nullity in electronic form with a qualified electronic
signature. The recommended variant of the signature is the internal type. It is also possible to sign the
tender form with an external signature variant, only in this case, a separate signature file for this form
should be attached in the "Appendices and other documents presented in the offer by the Contractor"
field.
19.4 The Contractor submits an offer via the "Offers/Applications" tab", visible in the preview of the
procedure after logging into the Contractor's account. After selecting the "Submit an offer" button, the
system presents a window for submitting an offer, enabling the submission of electronic documents, in
which there are two drag&drop fields ("drag" and "drop") for adding files.
19.5 The Contractor adds in the first field ("Completed offer form") previously completed and signed with a
qualified electronic signature "Offer form", drawn up on the basis ofAppendix No. 2 to the SWZ. In the
next field ("Appendices and other documents presented in the offer by the Contractor"), the
Contractor adds the remaining files constituting the offer or submitted together with the offer. After
entering the files, press the button "Send files and submit an offer" and then confirm that you want to
submit an offer. At this point, the system will start the process of validating the submitted files, their
automatic encryption, packaging and submission on the Platform.
19.6 If documents containing business secrets are submitted with the tender, the contractor, in order to
maintain the confidentiality of this information, shall provide them in a separate and appropriately
marked file, with the "Document constituting a business secret" in the file name. Both the appendix
constituting a business secret and the justification for claiming a business secret should be added in
the field "Appendices and other documents presented in the offer by the Contractor".
19.7 The system checks whether submitted files are signed and automatically encrypts them, while informing
the contractor about it. Confirmation of the time of submission and receipt of the offer is included in
the Electronic Proof of Sending (EPP) and Electronic Proof of Receipt (EPO). EPP and EPO are available
for a logged-in Contractor in the "Offers/Applications" tab.
19.8 Data formats in which an offer may be prepared and other electronic documents in the procedure are
specified in the regulation on the National Interoperability Framework. The Ordering Party
recommends the use of the following formats: .pdf .doc .docx .xls .xlsx .jpg (.jpeg) with particular
emphasis on .pdf.
19.9 An offer may be submitted only until the deadline for submission of offers.
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19.10 The Contractor may withdraw the offer before the deadline for submission of tenders. The Contractor
withdraws the offer in the "Offers/Applications" tab using the "Withdraw the offer" button.
19.11 The maximum total size of files constituting an offer or submitted together with an offer is250 MB. 19.12
The EAT is made under pain of nullityin electronic form and bears a qualified electronic signature.
19.13 The Contractor may submit only one offer. If the Contractor submits more than one offer, i.e.
independently and jointly with other Contractors, all offers submitted by him will be rejected.
19.14 Together with the document constituting the offer referred to in point 19.1. The Contractor is obliged
to submit:
19.14.1 Price form– in accordance with the model constitutingattachments 2A and 2B to the SWZ;
19.14.2 EAT– prepared using an interactive form made available by the Ordering Party on the
e-Order Platform and included in the preview of the procedure. The Employer recommends that the
Contractor use the Instructions available on the website when preparing the ESPD
formhttps://ezamowienia.gov.pl in the "Help Center" tab.Template of an interactive form made
available by the Ordering Party on the e-Order Platform and included in the preview of the
procedureconstitutes Appendix No. 3 to the SWZ.
19.14.3 Statements– in accordance with the model constitutingAppendix No. 12 to the SWZ;
19.14.4 Statement of the entity providing the resourcesif the Contractor uses the resources of these
entities pursuant to Art. 118Public Procurement Law- in accordance with the
patternconstituting Appendix No. 13 to the SWZ;
19.14.5 Obligation of the entity providing resources, if the Contractor uses the resources of these
entities pursuant to Art. 118Public Procurement Law– on a form in accordance with the
constituting templateAppendix No. 6 to the SWZ;
19.14.6 Statement of the consortium members referred to in point 12.5 of the SWZ (if
applicable);19.14.7 Confirmation of the payment of the bid bond in cash or an electronic bid bond
document; 19.14.8 Power of attorney to represent the Contractor or other confirming document
authorization to represent the Contractor if the authorization does not result directly from
the registration documents;
19.14.9 Documents referred to in point 5 of the SWZ (if applicable).
19.15 The offer, statements and information of the Contractor should be legible.
19.16 The offer should be prepared in Polish. The subjective evidence, the evidence in question (if applicable)
and other documents or statements prepared in a foreign language are submitted together with a
translation into Polish.
19.17 In the event that the subjective evidence, the evidence in question (if applicable), other documents or
documents confirming the authorization to represent the Contractor, Contractors jointly applying for
the award of a public contract, respectively, the entity providing resources on the terms set out in Art.
118Public Procurement Lawor a subcontractor who is not an entity providing resources on such terms,
hereinafter referred to asdocuments confirming the authorization to representhave been issued by
authorized entities other than the Contractor, the Contractor jointly applying for the award of the
contract, the entity providing access to resources or a subcontractor, as an electronic document, this
document shall be submitted.
19.18 In the event that the subjective evidence, the evidence in question (if applicable), other documents or
documents confirming the authorization to represent were issued by authorized entities as a
document in paper form, a digital copy of this document is provided with a qualified electronic
signature, certifying compliance digital reproduction with a paper document.
19.19 Certification of the compliance of the digital representation with the paper document referred to in point
19.18 may be made by a notary public or:
19.19.1 in the case of subjective evidence and documents confirming the authorization to represent -
the Contractor, the Contractor jointly applying for the contract, the entity providing resources
or the subcontractor, respectively, in the scope of subjective evidence or documents
confirming the authorization to represent, which apply to each of them;

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19.19.2 in the case of the evidence in question (if applicable) - the Contractor, respectively, the Contractor jointly
applying for the award of the contract
19.19.3 in the case of other documents - the Contractor, respectively, the Contractor jointly applying for the
award of the contract, in the scope of documents that apply to each of them.19.20 Subjective means of
evidence, including the statement referred to in Art. 117 sec. 4Public Procurement Law(consortium member's
statement) and the commitment of the entity providing the resources, the evidence in question, not issued by
authorized entities, and the power of attorney shall be submitted in electronic form and signed with a qualified
electronic signature.
19.21 If subjective evidence, including the statement referred to in Art. 117 sec. 4Public Procurement Lawand
the commitment of the entity providing the resources, the evidence in question, not issued by
authorized entities or the power of attorney, was drawn up as a paper document and signed by hand,
a digital copy of this document is provided with a qualified electronic signature, certifying the
compliance of the digital copy with the paper document.
19.22 Certification of the compliance of the digital representation with the paper document referred to in point
19.21 may be made by a notary public or:
19.22.1 in the case of subjective evidence - the Contractor, the Contractor jointly applying for the contract, the
entity providing resources or the subcontractor, respectively,
in terms of subjective evidence that relates to each of them;
19.22.2 in the case of the evidence in question (if applicable), the statement referred to in art. 117 sec. 4Public
Procurement Law(consortium member's statement) or obligations of the entity providing resources - the
Contractor or the Contractor jointly applying for the contract, respectively;19.22.3 in the case of a power of
attorney – the principal.
19.23 The digital representation referred to in points 19.17 and 19.20 should be understood as an electronic
document which is an electronic copy of the content saved in paper form, enabling reading and
understanding this content, without the need for direct access to the original (e.g. a file in .pdf
format).
19.24 If the Contractor provides an electronic document in a format that compresses data, affixing a file
containing compressed data with a qualified electronic signature is tantamount to affixing all
documents contained in this file with a qualified electronic signature.
19.25 Trade secret
19.25.1 Information constituting a company secret within the meaning of the regulations shall not be
disclosedthe Act of 16 April 1993 on Combating Unfair Competition(i.e. Journal of Laws of
2022, item 1233), if the Contractor, along with the provision of such information, stipulated
that it may not be made available and demonstrated that the reserved information is a
business secret. The Contractor may not reserve the information referred to in Art. 222 sec.
5Public Procurement Law.
19.25.2 The Contractor is obliged to justify why the information reserved by him constitutes a trade
secret within the meaning of Art. 11 sec. 2Act of 16 April 1993 on Combating Unfair
Competition(i.e. Journal of Laws of 2022, item 1233).In justification(in the form of a separate
document) The Contractor may not disclose information constituting a business secret.
19.25.3 The Contractor may not reserve the name (or name and surname) and registered office or
place of business activity (or place of residence) as well as the price or cost included in the
offer and the part of the offer in which the Contractor presents the justification referred to in
point 19.25.2.
19.25.4 Reserving information, data, documents or statements which are not trade secrets within
the meaning of the provisions on unfair competition will result in their declassification.
19.25.5 It is recommended that the justification for reserving information as a trade secret should be
formulated in a way that allows it to be made available. Reserving a trade secret by the
Contractor without justification will be treated by the Ordering Party as ineffective due to the
Contractor's failure to take the necessary actions in in order to maintain the confidentiality of
information covered by the clause in accordance with the provisions of art. 18 sec. 3 of the
Public Procurement Law.

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19.26 Other information:
19.26.1 The Contractor bears all costs related to the preparation and submission of the offer. The
contracting authority does not provide for reimbursement of the costs of participation in the
procedure.
19.26.2 After the expiry of the deadline for submission of tenders, the Contractor may not effectively
amend or withdraw the submitted tender.

20. METHOD AND DATE OF SUBMISSION AND OPENING OF OFFERS

20.1. The offer must be submitted by the deadlineMay 16, 2023, at 10:00.
20.2. Prior to the opening of tenders, the contracting authority shall make available on the website of the
conducted procedure information on the amount it intends to allocate to finance the contract.
20.3. The bids will be opened on16.05.2023 r., at 11:30. Offers will be opened via the e-Order Platform.The
opening of bids is not public.
20.4. In the event of a failure of the System, which results in the inability to open bids within the time limit
specified by the Ordering Party, the bids will be opened immediately after the failure is removed. In
such a case, the Ordering Party shall inform about the change of the date of opening tenders on the
website of the conducted procedure.
20.5. The contracting authority, immediately after the opening of tenders, will make available on the website
of the conducted procedure information about:
20.5.1. names or names and surnames and registered offices or places of business activity or places of
residence of contractors whose tenders have been opened;20.5.2. prices included in the offers.

21. METHOD OF CALCULATION OF THE PRICE

21.1. The price for the performance of the subject of the order, specified in the Offer Form(Appendix No. 2 to
the SWZ)The Contractor is obliged to determine, based on the Description of the subject of the order, the
design documentation received, the technical specification for the execution and acceptance of works, the
draft contract, the requirements of the SWZ and applicable standards, regulations and construction knowledge.
The gross price of the offer should be calculated by summing up the gross price of the basic order
(flat-rate price and estimate price), the gross price of the contract under option no. 1 (flat-rate price
and estimate price) and the gross lump-sum price of the contract under option no. 2 of the Offer
Form, constituting Appendix No. 2 to the SWZ.
21.1.1. For a basic orderThe contractor will specifythe price for the execution of the subject of the contractin
point 2.1. offer form(Appendix No. 2 to the SWZ)which will be the sum of:
1) lump sum remunerationfor the implementation of a given scope of the order,fixed at on the basis of the
Price Form for the basic order (Appendix No. 2A to the SWZ).
2) estimate remunerationfor the implementation of a given scope of the contractfixed at on the basis of the
Price Form for the basic order (Appendix No. 2A to the SWZ).
21.1.2. For a contract under the right of option No. 1The contractor will specify the price for the performance
of the subject of the contract in point 2.2. offer form(Appendix No. 2 to the SWZ)which will be the sum of:
1) lump sum remunerationfor the implementation of a given scope based on Price form for the right of option
No. 1 (Appendix No. 2B to the SWZ).
2) estimate remunerationfor the implementation of a given scopebased on Price form for the right of option
No. 1 (Appendix No. 2B to the SWZ).
The total net remuneration for the execution of works on sections: III-5 and III-6 (option 1), indicated in the
Price Form - Appendix 2B to the SWZ - may not be lower than 14% of the total net remuneration of the basic
order, indicated in the Price Form – Appendix No. 2A to the SWZ.

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21.1.3. For a contract under the right of option No. 2The contractor will specify the price for the performance
of the subject of the contract in point 2.3. offer form(Appendix No. 2 to the SWZ)which will be:lump sum
remunerationfor the implementation of a given scope of the contractestablished on the basis of The price
form for the right of option No. 2 (Appendix No. 2B to the SWZ).

21.3. For the comparison of offers, in accordance with point 22 of the SWZ, the GROSS PRICE for the
performance of the order will be taken into account, calculated in the manner indicated in point
21.1. above, specified by the Contractor in point 2 of the Tender Form, constituting Appendix No. 2
to the SWZ.
21.4. The offer price must be given in Polish zlotys. All settlements between the Ordering Party and the
Contractor shall be made in Polish zlotys.
21.5. The offer price includes all kinds of fees and taxes as well as all costs related to the execution of the
Order, transport, possible discounts and rebates and other price-generating components. The given
price does not change during the period of execution (execution) of the Order, subject to the
conditions resulting from the Order Agreement.
21.6. The contractor must anticipate all circumstances that may affect the price of the contract. In connection
with the above, it is recommended to check the terms of the contract in detail.21.7. The bills of quantities for
the order attached to the SWZ are of an auxiliary nature. They are secondary to the documentation referred to
in point 21.1. above. They can facilitate the estimation of costs, however, they do not constitute the basis for
the evaluation of tenders.

21. 8. GUIDELINES FOR DETERMINING THE FLAT SUM OFFER REMUNERATION. 21.8.1The lump sum price
covers all the Contractor's obligations covered by the Contract and everything necessary for the proper
execution and completion of the works and the removal of any defects.21.8.2 The lump sum price of the
offer should include, among others:
21.8.2.1. costs related to the implementation of construction works covered by the order resulting from the
provisions of the contract, design documentation, detailed technical specifications for the execution and
acceptance of construction works, as well as from the principles of modern technical knowledge, applicable
regulations, standards, decisions and technology of execution of works.
21.8.2.2. Costs of preparatory works (in particular, development, protection and marking of the construction
site, organization and maintenance of construction facilities, including connection and consumption of water
and electricity as well as telephone, construction supervision)
.21.8.2.3. Costs of implementing a temporary traffic organization project.
21.8.2.4. Costs of all necessary measurements and tests specified in the technical specifications for the
execution and acceptance of construction works and in applicable regulations.
21.8.2.5. Costs of geodetic services for the works carried out in the full scope of development of design
documentation, including as-built inventory, in gis/cad format delivered on an electronic medium and in paper
version.
21.8.2.6. Costs related to obtaining all arrangements and permits for the removal of solid and liquid waste as
well as for the safe and proper drainage of groundwater and rainwater from the entire construction site and
places related to the execution of works, in a way that protects the works and the surroundings against
damage.
21.8.2.7. Costs related to updating the berth operation instructions.
21.8.2.8. Costs related to obtaining port passes for the Contractor's employees
.21.8.2.9. Costs related to tidying up the construction site and its facilities, including restoring the investment's
surroundings to its original condition.
21.8.2.10. Costs of transport and storage of demolition materials obtained during the reconstruction, suitable
for reuse, incorporation or sale (metal scrap).
21.8.2.11. Costs of managing spoil from excavations and dredging works as well as concrete rubble in
accordance with applicable regulations.
21.8.2.12. The cost of disposing of waste and non-reusable materials.
21.8.2.13. Costs of obtaining and maintaining insurance and collateral.

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21.8.2.15 Costs of providing detailed design documentation, workshop, technological and other designs
required by the OPZ.
21.8.2.16 Other costs resulting from the OPZ and the Draft contract.
21.8.2.17 VAT due.
21.8.2.18 Costs of demolition works of objects not indicated in the design, but subject to demolition and
constituting the scope of works carried out.
21.8.2.19 Dehydration costs.
21.8.2.20 Electricity and water bills.
21.9. Prices must be: given and calculated rounded to two decimal places (rounding rule - below 5 the ending
should be omitted, above and equal to 5 should be rounded up).
21.10. If an offer is submitted in the procedure, the selection of which would lead to the creation of a tax
obligation for the Ordering Party in accordance with the provisions on tax on goods and services, the Ordering
Party, in order to evaluate such an offer, will add to the price presented in it the tax on goods and services,
which it would be obliged to settle in accordance with these regulations. In this case, the Contractor, when
submitting the offer, is obliged to inform the Ordering Party that the selection of his offer will lead to the
creation of a tax obligation for the Ordering Party, indicating the name (type) of the service, the provision of
which will lead to its creation, and indicating their value without the amount of tax.

22. DESCRIPTION OF THE OFFER ASSESSMENT CRITERIA, ALONG WITH THE WEIGHTS OF THESE
CRITERIA AND THE ASSESSMENT METHOD OFFER

22.1. From among the offers that are not subject to rejection, the Ordering Party will select the most
advantageous offer based on the following criterion: "Gross price” – 100% weight is 100 points
22.2. In the Gross Price criterion, points will be awarded in accordance with the following formula:

Cmin- the lowest gross price offered

C = ------------------------------------------------ -------------------------------------------------- -------------- x 100
pkt CO- the gross price offered by the Contractor for whom the result is being calculated

C - the number of points awarded to the offer evaluated in the "Gross price" criterion
100 points - the maximum number of points to be obtained in the "Gross price" criterion

22.3. All calculations will be accurate to two decimal places.22.4. The offer with the highest number of points
on the basis of the above-mentioned criteria will be considered the most advantageous offer. offer evaluation
criterion.
22.5. In the course of examining and evaluating bids, the Ordering Party may request explanations from
Contractors regarding the content of submitted bids.
22.6. In a situation where the Ordering Party will not be able to select the most advantageous Bid due to the
fact that bids with the same price have been submitted, it will call on the Contractors who submitted
Tenders to submit additional bids within the time limit specified by it. Contractors submitting
additional bids may not offer prices higher than those offered in the submitted bids.
22.7. In the event of submitting a tender, the selection of which would lead to the creation of a tax obligation
for the Ordering Party in accordance with the provisions on tax on goods and services in the scope of
intra-Community acquisition of goods, the Ordering Party, in order to evaluate such an offer, adds the
value added tax to the price presented in it, which the Ordering Party independently would be obliged
to pay in accordance with applicable regulations.When submitting the offer, the Contractor informs
the Contracting Authority whether the selection of the offer will lead to the creation of a tax
obligation for the Contracting Party, indicating the name (type) of the goods or services whose
delivery or provision will lead to its creation, their value without the amount of tax and the tax rate
on goods and services which, to the contractor's knowledge, will be applicable.

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23. INFORMATION ON SECURING PROPER PERFORMANCE OF THE AGREEMENT

23.1. The Ordering Party requires that the Contractor whose bid is selected, before concluding the Agreement,
should submit a security for the proper performance of the agreement in the amount of5 %
remuneration (gross) due to the Contractor under the Agreement.
23.2. The security may be provided, at the contractor's discretion, in one or more of the following forms:
23.2.1. money;
23.2.2. bank guarantees or guarantees of a cooperative savings and credit union, with the proviso that the
union's obligation is always a monetary obligation;
23.2.3. bank guarantees;
23.2.4. insurance guarantees;
23.2.5. sureties provided by the entities referred to in Art. 6b sec. 5 point 2 of the Act of November 9, 2000 on
the establishment of the Polish Agency for Enterprise Development.
23.3. In the case of paying the bid bond in cash, the Contractor may agree to count the amount of the bid bond
against the security.
23.4. The method of providing the security for the proper performance of the Agreement and the return of the
security is specified in art. 453 of the Public Procurement Law and the draft provisions of the Agreement.
23.5. The original of the document confirming the payment of the security for the proper performance of the
Agreement must be delivered to the Ordering Party before signing the Agreement.

24. ELECTRONIC AUCTION

Not applicable.

25. INFORMATION ON THE FORMALITIES THAT MUST BE COMPLETED AFTER SELECTING THE OFFER
FOR THE PURPOSE OF CONCLUDING A PUBLIC PROCUREMENT AGREEMENT

25.1. Immediately after the selection of the most advantageous tender, the Contracting Authority shall
simultaneously inform the Contractors who submitted tenders about:
25.1.1. selection of the most advantageous tender, providing the name or first name and surname,
registered office or place of residence, if it is the place of business of the Contractor whose tender was
selected, and names or names and surnames, registered office or place of residence, if they are places
of business of economic operators who submitted tenders, as well as the score awarded to tenders in
each tender evaluation criterion and the total score,
25.1.2. Contractors whose bids have been rejected - providing factual and legal justification.
25.2. The Contracting Authority shall immediately provide the information referred to in point 25.1.1. above,
on the website of the proceeding.
25.3. An Agreement will be concluded with the Contractor whose offer is selected as the most advantageous
offer, in accordance with the draft provisions of the Agreement indicated inAppendix No. 8 to the SWZ. The
Contracting Authority requires that, prior to signing the Contract, the Contractor whose bid has been selected,
if required, should provide a performance bond.
25.4. The Agreement will be signed at the earliest after 10 days from the date of sending the notification about
the selection of the most advantageous offer. The contract may be concluded before the expiry of the period
referred to in sentence 1, if only one offer has been submitted.
25.5. Persons representing the Contractor at the signing of the Agreement should have with them documents
confirming their authorization to sign the agreement, unless such authorization results from the documents
attached to the offer.
25.6. If the Economic Operator whose offer has been selected as the most advantageous, evades concluding a
public procurement contract or fails to provide the required performance bond, the Contracting Authority may
re-examine and evaluate the offers from among the offers of the remaining Contractors in the procedure and
select the most advantageous offer or cancel the procedure.

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26. DRAFT PROVISIONS OF THE PUBLIC PROCUREMENT AGREEMENT, WHICH WILL BE
INTRODUCED TO THE PUBLIC PROCUREMENT AGREEMENT

26.1. The draft provisions of the Agreement provideAppendix No. 8 to the SWZ.
26.2. The Employer requires that the Contractor whose offer is considered the most advantageous concludes
the Agreement in accordance with the draft provisions of the Agreement.
26.3. The Ordering Party provides for the possibility of making changes to the content of the concluded
Procurement Agreement, in the circumstances provided for in the template of the draft provisions of the
Agreement.

27. INFORMATION ON LEGAL PROTECTION MEASURES AVAILABLE TO THE CONTRACTOR

27.1. The Contractor and another entity, if it has or had an interest in obtaining the Order and has suffered or
may suffer damage as a result of the Employer's violation of the Public Procurement Law, is entitled to legal
protection measures specified in Section IX of the Public Procurement Law.
27.2. Legal protection measures against the notice initiating the contract award procedure or the notice of
competition and the procurement documents are also available to organizations included in the list referred to
in Art. 469 point 15, and the Ombudsman for Small and Medium-sized Entrepreneurs.

28. OTHER INFORMATION

28.1. To the extent not regulated in this Specification, the provisions of the Public Procurement Law and the
Civil Code shall apply.
28.2. PERSONAL DATA PROTECTION:
28.2.1. In connection with the entry into force of Regulation (EU) 2016/679 of the European Parliament and of
the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and
on the free movement of such data, and repealing Directive 95/46/EC (general Data Protection Regulation)
(hereinafter "GDPR")in Appendix No. 9 to the SWZinformation on the processing of personal data of the
Contractors applying for the purchase has been included o Contractors are required to familiarize themselves
with the content of this information.
28.2.2. If the Contractor provides, in connection with the conducted public procurement procedure, personal
data of representatives, including proxies and persons indicated for cooperation, the Contractor shall be
responsible for meeting all the requirements resulting from the GDPR, in relation to the natural persons whose
data he provides the Ordering Party and for fulfilling the information obligation towards these persons on
behalf of the Ordering Party based on the template of the information clause contained inAppendix No. 10 to
the SWZ.
29. ATTACHMENTS TO SWZ

The following appendices constitute an integral part of the SWZ:

Appendix No. 1 - Description of the subject of the Order (OPZ)

Appendix No. 2 - Offer Form
Appendix No. 2A - Price form for the basic order
Appendix No. 2B - Price form for an order under the option right - option right No. 1 and option right No. 2
Appendix No. 3 - Interactive EDZ pattern
Appendix No. 3A - Instructions for filling in the EDZ
Appendix No. 4 - List of completed construction works - TEMPLATE
Appendix No. 5 - List of persons - TEMPLATE
Appendix No. 6 - Obligation of a third party

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Appendix No. 7 - Contractor's declaration on not belonging to a capital group - TEMPLATE

Appendix No. 8 - Agreement template/Draft agreement/Drafted provisions of the agreement.

Annex No. 9 - Information clause regarding the processing of personal data (Article 13 of the GDPR)
Appendix No. 10 - Information clause regarding the processing of personal data (Article 14 of the GDPR)
Appendix No. 11 - Contractor's declaration on the validity of the information contained in the ESPD and in the
Statements under Art. 5k of Regulation 833/2014 as amended given by Regulation 2022/576 and Art. 7 sec. 1
of the Act on specific solutions in the field of counteracting the promotion of aggression on Ukraine and for the
protection of national security - MODEL
Appendix No. 12 - Statements of the contractor/contractor jointly applying for the award of the contract
regarding the grounds for exclusion from Art. 5k regulation 833/2014 in the wording given by Regulation
2022/576 and art. 7 sec. 1 Act on special solutions in the field of counteracting support aggression against
Ukraine and to protect national security submitted pursuant to art. 125 sec. 1 of the Public Procurement Law. -
PATTERN

Appendix No. 13 - Statement of the entity providing resources regarding the grounds for exclusion under Art. 5k
of Regulation 833/2014 as amended Regulation 2022/576 and Art. 7 sec. 1 of the Act on special solutions to
counteract the support of aggression against Ukraine and for the protection of national security submitted to
pursuant to art. 125 sec. 5 of the Public Procurement Law. - PATTERN

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