Poland – Construction work for pipelines, communication and power lines, for highways, roads, airfields and railways; flatwork – Construction of cycling infrastructure along the following streets: Krasińskiego, Markwarta, Sieńki, Moniuszki, Skłodowskiej-Curie and Łęczycka in Bydgoszcz

Opportunity description

1. The subject matter of the contract is construction work within the meaning of Article 7 point 21 of the Pzp, consisting of reconstruction within the meaning of Article 3 point 7a and construction within the meaning of Article 3 point 6 of the Act of 7 July 1994, Construction Law. The contract covers the implementation of the investment entitled: “Construction of cycling infrastructure along the following streets: Krasińskiego, Markwarta, Sieńki, Moniuszki, Skłodowskiej-Curie and Łęczycka in Bydgoszcz.” The contract will be implemented in stages: 1) STAGE I: a) section 1 - from Gdańska to the entrance of Staszica with the street completely closed; - provide a diversion via Staszica Street; - carry out the Staszica intersection one half at a time; - carry out the section from Staszica to Ossolińskich one half at a time; b) section 2 - carry out the section from Ossolińskich to Ogińskiego one half at a time; - carry out the Ossolińskich roundabout one half at a time; c) section 5 - construction of the Skrzetuskiego roundabout alone while maintaining traffic; d) section 6 - construction of the roundabout on Łęczycka while maintaining traffic and the entire street from Fordońska to Kamienna; 2) STAGE II: a) sections 3 and 4 - carry out the section from Ogińskiego to the Skrzetuskiego roundabout one half at a time using alternating traffic control; - at the Ogińskiego, Moniuszki, Sieńki intersection, use a temporary single-carriageway roundabout with right-turn bypasses for selected movements; b) section 5 - from the Skrzetuskiego roundabout to Łęczycka together with Kijowska Street while maintaining traffic; 2. The detailed description of the subject matter of the contract and the conditions for performing the contract are contained in the draft contractual provisions with appendices, constituting Appendix No. 1 to the SWZ, including: - description of the subject matter of the contract, PAB, PZT and PT design documentation and technical specifications for the execution and acceptance of construction works, constituting Appendix No. 2 to the Agreement; - tender form template constituting Appendix No. 2 to the SWZ. 3. The Contracting Authority does not impose an absolute requirement to conduct a site visit, but suggests conducting one in the Contractor’s interest without the participation of the Contracting Authority. 4. Pursuant to Article 95(1) of the Pzp, the Contracting Authority requires the contractor or subcontractor, during performance of the contract (throughout the entire term of the agreement), to employ, on the basis of an employment relationship within the meaning of the provisions of the Labour Code (Article 22 § 1), persons directly performing the work, i.e. so-called manual workers, including at least road workers, specialist trade installers, general construction workers, and operators/drivers of construction machinery and vehicles. This requirement does not apply to persons managing the construction work, performing surveying services, or suppliers of construction materials. A detailed description of the Contracting Authority’s requirements in this regard is contained in the draft contractual provisions constituting Appendix No. 1 to the SWZ. 5. The Contractor may entrust performance of part of the contract to a subcontractor, subject to the prohibition described in point V.11 of the SWZ. With regard to subcontracting, the provisions of Articles 462-465 of the Pzp apply. The Contractor is required to indicate in the Tender and in the JEDZ the parts of the contract (as a % or a material scope) that it intends to entrust to subcontractors, as well as the names of any subcontractors, if already known. The absence of a contractor’s declaration in this regard will mean that the contractor intends to perform the entire contract independently. The Contractor is liable for the subcontractor’s actions, failures and negligence as for its own actions. 6. The contract is subject to co-financing under the National Recovery Programme and the European Funds for Kujawy and Pomorze 2021-2027 Programme. 7. The Contracting Authority reserves the right to limit the material and financial scope of the subject matter of the contract during its implementation (reduce the scope of the contract) by a maximum of 20% of the gross value of the agreement. This means that the minimum guaranteed value of the parties’ performance (the guaranteed part of the contract) will be no less than 80% of the total gross remuneration specified in the agreement. The scope may be limited under the conditions set out in the draft contractual provisions (Appendix No. 1 to the SWZ). If the scope of the contract is limited, the Contractor will be entitled to remuneration solely for construction work actually and properly performed, and the Contractor waives all claims arising from non-performance of the remaining part of the contract. 8. The Contracting Authority does not envisage the possibility of exercising the option referred to in Article 441(1) of the Pzp. 9. The Contracting Authority does not envisage awarding the contracts referred to in Article 214(1) point 7 of the Pzp. 10. The Contracting Authority does not permit the submission of partial tenders. The Contracting Authority is not dividing the contract into parts. Justification for not dividing the contract into parts: Implementation of the investment project requires it to be carried out as a single task due to the need to ensure close cooperation and coordination between disciplines. Including the individual stages of the investment within a single task will ensure efficient execution of the construction work and limit disruption and inconvenience to the surrounding area in connection with the implementation of this investment. Construction of the cycling infrastructure under a single contract eliminates problems related to communication between entities and errors resulting from the transfer of materials necessary to perform the subject matter of the contract. The absence of division into parts does not restrict access to the contract for contractors from the SME sector. 11. Pursuant to the provisions of the Act of 14 June 2024 on the protection of whistleblowers, the Contracting Authority has implemented a procedure for reporting violations of law and taking follow-up action, which is described in Order No. 20/2024 of the Director of ZDMiKP in Bydgoszcz of 18 September 2024, with appendices available in the Public Information Bulletin of the Municipal Roads and Public Transport Authority in Bydgoszcz https://bip.zdmikp.bydgoszcz.pl/index.php/procedura-zgloszen-w-zdmikp 12. The Contracting Authority envisages selecting the most advantageous tender using the electronic auction referred to in Articles 227-238 of the Pzp (the detailed conditions and method of conducting the auction are contained in Appendix No. 4 to the SWZ entitled “Electronic auction”. Detailed information concerning the subject matter of the contract can be found in point 2.1 of this notice. Furthermore: PARTICIPATION OF CONTRACTORS FROM THIRD COUNTRIES: 1. The Contracting Authority does not permit contractors that conduct business activities and have their registered office or place of residence in countries other than Member States of the European Union and countries that are parties to the World Trade Organization Agreement on Government Procurement or parties to other international agreements guaranteeing, on the basis of reciprocity and equality, access to the public procurement market, to which the European Union is a party (so-called “third countries”), to apply for the contract. A tender submitted by a contractor from a third country will be rejected pursuant to Article 226(1) point 2(a) of the Pzp Act in conjunction with Article 11 of the Pzp Act. 2. The prohibition referred to in point 1 also includes the prohibition on: 1) jointly applying for the contract with contractors originating from those third countries (consortia); 2) relying on the capacities or situation of entities providing resources (Article 118(1) of the Pzp Act) originating from those third countries; 3) entrusting performance of part of the contract to subcontractors originating from those third countries and the participation of such entities as subcontractors providing works, services or supplies to Contractors. If the above prohibitions are infringed, the Contractor’s tender will be rejected pursuant to the applicable provisions of the Pzp Act, and the Contracting Authority will not consent to the engagement of such subcontractors at the agreement performance stage. 3. Furthermore, contractors (as well as subcontractors and third parties) to whom restrictive (sanction) measures established in national and EU law apply are excluded from the public procurement procedure, in particular: 1) pursuant to Article 7(1) of the Act of 13 April 2022 on special solutions for counteracting support for aggression against Ukraine and serving to protect national security; 2) pursuant to Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine. 4. The tender of a Contractor subject to exclusion pursuant to the sanction provisions referred to in point 3 is subject to rejection pursuant to Article 226(1) point 2(a) of the Pzp Act. To confirm the absence of grounds for exclusion in this regard, the Contractor submits an appropriate declaration together with the tender (in the Tender Form or the declaration of non-exclusion). WHISTLEBLOWER PROTECTION: Pursuant to the provisions of the Act of 14 June 2024 on the protection of whistleblowers, the Contracting Authority has implemented a procedure for reporting violations of law and taking follow-up action, which is described in Order No. 20/2024 of the Director of ZDMiKP in Bydgoszcz of 18 September 2024, with appendices available in the Public Information Bulletin of the Municipal Roads and Public Transport Authority in Bydgoszcz https://bip.zdmikp.bydgoszcz.pl/index.php/procedura-zgloszen-w-zdmikp MECHANISM ENABLING THE REPORTING OF IRREGULARITIES: 1. In connection with the involvement of EU funds from the European Funds for Kujawy and Pomorze 2021-2027 Programme in financing the investment, the Contracting Authority provides notice of the possibility of reporting potential irregularities and abuses via: a) e-mail address: naduzycia@kujawsko-pomorskie.pl or b) a special form available on the website: https://funduszeue.kujawsko-pomorskie.pl/formularz-zgloszenia-podejrzenia-o-niezgodnosci-projektow-z-karta-praw-podstawowych-kpp1/ 2. Within 14 days of signing the agreement, the Contractor is required to post on its website information concerning the possibility of reporting abuses in accordance with Appendix No. 20 to the agreement and to familiarise its employees with this mechanism in a documented manner. 3. The above also applies to subcontractors with which the Contractor establishes cooperation. 4. For each subcontracting agreement, the Contractor is required to submit to the Contracting Authority information concerning fulfilment of the obligation described in paragraph 2. Procedure: open. Review the original TED notice for the complete requirement, lots, amendments and attachments.