Poland – Engineering design services – Design service – complete multidisciplinary documentation, including cost-estimate studies and STWiORB, for the investment project: “Extension and reconstruction of the OPC inmate accommodation building at the Remand Prison in Łódź”

Opportunity description

The subject matter of the contract includes the preparation of complete, coordinated multidisciplinary design and formal-legal documentation for the investment project entitled “Extension and reconstruction of the OPC inmate accommodation building at the Remand Prison in Łódź”, located at 21 Smutna Street in Łódź. The contract is a design service. The documentation is intended to serve simultaneously for: obtaining the required decisions and approvals, preparing the public procurement procedure for construction works, enabling works contractors to prepare comparable tenders, carrying out the works, conducting acceptance procedures, and the subsequent safe and economical operation of the facility. The subject matter of the contract includes the basic scope and the scope covered by the option right. The option right includes providing author’s supervision over construction works carried out on the basis of the design documentation prepared under this contract. The detailed scope of activities performed as part of the author’s supervision is specified in the OPZ. The detailed description of the subject matter of the contract has been included by the Contracting Authority in the Description of the Subject Matter of the Contract constituting Appendix No. 2 to the SWZ. 1.1. The procedure is conducted as an open tender pursuant to Art. 129(1)(1) and (2), in conjunction with Art. 132 et seq. of the Pzp Act, with a value equal to or exceeding the EU thresholds. 1.2. The Contracting Authority envisages applying the reverse procedure in accordance with Art. 139(1) of the Pzp Act, which means that it will first examine and evaluate the tenders and then perform the qualitative selection of the contractor whose tender was rated highest, with regard to the absence of grounds for exclusion and fulfillment of the conditions for participation in the procedure. Accordingly, the Contracting Authority envisages the possibility of requesting the declaration referred to in Art. 125(1) of the Pzp Act, i.e. JEDZ, solely from the Contractor whose tender was rated highest, which also means that Contractors are not required to submit these declarations together with their tenders. 1.3. The procedure covered by the SWZ is designated by reference DKW.2232.6.2026.PS. Contractors are required to cite this designation in all contacts with the Contracting Authority. 1.4. The SWZ and all amendments and clarifications to the content of the SWZ, as well as other documents directly related to the contract award procedure, will be made available on the e-zamówienia Platform. 1.5. The procedure is conducted in Polish. 1.6. In matters not regulated by the provisions of the SWZ, the provisions of the Pzp Act and the implementing acts issued thereunder shall apply. 1.7. In this procedure, the Contracting Authority does not envisage selecting the most advantageous tender by means of the electronic auction referred to in Art. 227 of the Pzp Act. 1.8. The Contracting Authority does not envisage the submission of a tender in the form of electronic catalogs. 1.9. The Contracting Authority is not conducting the procedure for the purpose of concluding a framework agreement. 1.10. The Contracting Authority does not reserve the possibility of applying for the award of the contract exclusively to contractors referred to in Art. 94 of the Pzp Act. 1.11. Due to the specific nature of the subject matter of the contract, the Contracting Authority does not specify additional requirements related to the employment of persons referred to in Art. 96(2)(2) of the Pzp Act. 1.12. Due to the specific nature of the subject matter of the contract, the Contracting Authority does not require the Contractor or subcontractor to employ, under an employment contract, persons performing activities within the scope of contract performance where the performance of those activities consists of performing work in the manner specified in Art. 22 § 1 of the Act of 26 June 1974, the Labor Code (Dz.U.2025.277 consolidated text). 1.13. Pursuant to Art. 12(2) of the Construction Law Act, activities involving design may be performed by a person exercising an independent technical function in construction. 1.14. An independent technical function in construction may be exercised solely by persons holding “building qualifications”. Building qualifications are granted by name. Accordingly, establishing an employment relationship under the direction of an employer is not required for the preparation of the building design. 1.15. The Contracting Authority requires a tender security. Detailed information regarding the tender security is provided in point 14 of the SWZ. 1.16. The Contracting Authority requires a performance bond. Detailed information concerning the amount and method of lodging and returning the performance bond is specified in point 14.12 of the SWZ. 1.17. The Contracting Authority does not permit the submission of partial tenders referred to in Art. 7(15) of the Pzp Act. A partial tender will constitute a tender whose content does not comply with the contract conditions and will be rejected in accordance with Art. 226(1)(5) of the Act. 1.18. Reasons for not dividing the contract into lots: Dividing the contract into lots, particularly according to the individual design disciplines, could lead to difficulties in ensuring proper interdisciplinary coordination, fragmentation of responsibility for the completeness and consistency of the documentation, and an increased risk of conflicts and discrepancies arising between the individual studies. The subject matter of the contract constitutes a functionally and technically interconnected whole, the proper performance of which requires uniform design coordination and the responsibility of a single Contractor for the completeness of the documentation. The absence of a division of the contract into lots does not infringe the principle of fair competition and does not restrict the possibility for Contractors to apply jointly for the award of the contract or to use subcontractors. 1.19. The Contracting Authority does not permit the submission of a variant tender. 1.20. The Contracting Authority does not envisage awarding a contract consisting of the repetition of services referred to in Art. 214(1)(7) of the Pzp Act. 1.21. Option right 1.21.1. The Contracting Authority envisages the possibility of exercising the option right referred to in Art. 441 of the Pzp Act, consisting of commissioning the Contractor to provide author’s supervision over the performance of construction works carried out on the basis of the design documentation prepared under this contract. 1.21.2. The basic scope of the contract includes the preparation of complete multidisciplinary design documentation together with the other services specified in the OPZ and the Draft Contractual Provisions, including support for the Contracting Authority during the contract award procedure for the performance of construction works. 1.21.3. The scope covered by the option right includes providing author’s supervision over the performance of construction works under the terms and to the extent specified in the OPZ and the Draft Contractual Provisions. 1.21.4. Exercising the option right is an entitlement, not an obligation, of the Contracting Authority. The Contractor shall have no claim for activation of the option right or for performance of the scope covered by the option right. 1.21.5. The Contracting Authority may exercise the option right in whole or in part, to the extent corresponding to the actual needs related to the performance of the construction works. 1.21.6. The option right will be activated by the Contracting Authority submitting a declaration to the Contractor in the form specified in the Draft Contractual Provisions. 1.21.7. The detailed scope, activation rules, method of performance, and settlement of the services covered by the option right are specified in the OPZ and PPU. Procedure: open. Review the original TED notice for the complete requirement, lots, amendments and attachments.