Poland – Engineering design services – Preparation of technical documentation for the construction of a cultural center in Biała Rawska
1. The subject matter of the contract covered by this procedure is the preparation of comprehensive design and cost-estimate documentation for the construction of a cultural center in Biała Rawska. A detailed description of the subject matter of the contract is provided in Annex No. 6 to the SWZ
Opportunity description
1. The subject matter of the contract covered by this procedure is the preparation of comprehensive design and cost-estimate documentation for the construction of a cultural center in Biała Rawska. A detailed description of the subject matter of the contract is provided in Annex No. 6 to the SWZ and in the draft contractual provisions. 2. The Contractor is obliged to perform the contract in accordance with the rules and conditions described in the draft contractual provisions and Annex No. 6 OPZ. 3. The tender should include the pricing of all activities necessary to perform the contract, including those which the Contracting Authority did not foresee but which are necessary to perform the subject matter of the contract, in accordance with the applicable regulations. 4. In order to prepare the tender correctly, it is recommended that the Contractor conduct, at its own expense, a site visit to the area where the subject matter of the contract is to be performed. 5. A detailed description and the method of performing the contract are provided in the Description of the Subject Matter of the Contract, constituting Annex No. 6 to the SWZ. 6. Names and codes according to the Common Procurement Vocabulary (CPV) 71240000-2 Architectural, engineering and planning services 71000000-8 Architectural, construction, engineering and inspection services 71320000-7 Engineering design services 71242000-6 Project and design preparation, estimation of costs 71245000-7 Approval plans, working drawings and specifications 71248000-8 Supervision of project and documentation 71632200-9 Non-destructive testing services 7. The Contracting Authority does not impose a requirement concerning employment under an employment relationship in the circumstances referred to in Article 95. 8. Justification for not dividing the contract into lots. The value of the contract is higher than the so-called EU thresholds, which require the implementation of EU directives. Recital 78 of Directive 2014/24/EU indicates that, in order to increase competition, Contracting Authorities should in particular be encouraged to divide large contracts into lots. This contract is not a large contract within the meaning of recital 78 of the cited EU directive (the directives apply from the so-called EU thresholds, and the directive uses the concept of a large contract in the context of contracts subject to the directive – that is, contracts with a value significantly exceeding the so-called EU thresholds). The contract has not been divided into lots for the following reasons: a) The subject matter of the contract is the performance of one type of service. Separating them would risk organizational problems that could not be eliminated, related to responsibility for individual elements of the services performed by different Contractors. b) Dividing the subject matter of the contract into tasks would risk a significant increase in costs and technological difficulties resulting from the performance of the subject matter of the contract by a larger number of Contractors. c) Contractors would duplicate the indirect costs of the work, which would affect the costs of the entire subject matter of the contract. In each partial tender, the Contractor would have to provide a separate price for the use of the same type of equipment, whereas, when submitting one tender, it would price the use of the equipment only once. d) Each Contractor would include separate third-party liability insurance policy costs in the price, which would increase the Contracting Authority's level of expenditure. e) If divided into lots, Contractors would duplicate costs, including personnel costs and equipment maintenance costs, such as insurance, operating costs or fuel costs, which would adversely affect the Contracting Authority with regard to the costs of the contract. In summary, the Contracting Authority did not divide the contract into lots because such a division would risk excessive technical difficulties and excessive costs of performing the contract. The need to coordinate the activities of different Contractors performing individual lots of the contract could seriously jeopardize the proper performance of the contract. The decision not to divide the contract was therefore dictated by technical, organizational and economic considerations and by the nature of the subject matter of the contract. Any division of the contract into lots would not increase competitiveness in the small and medium-sized enterprise sector – the scope of the contract is typical and enables Contractors from the group of small or medium-sized enterprises to submit a tender. In accordance with recital 78 of the directive, the Contracting Authority should be obliged to consider the appropriateness of dividing contracts into lots, while retaining the freedom to make autonomous decisions on any basis it deems appropriate, without being subject to administrative or judicial supervision. Procedure: open. Review the original TED notice for the complete requirement, lots, amendments and attachments.
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