Poland – Refuse and waste related services – Management of municipal waste originating from inhabited properties and the PSZOK in the Jaraczewo Municipality

Opportunity description

II. CONTRACT AWARD PROCEDURE 1. The procedure is conducted as an open tender pursuant to Articles 132–139 of the Act of 29 January 2004, Public Procurement Law (Journal of Laws of 2026, item 793, as amended), hereinafter referred to as the Pzp Act, with an estimated contract value equal to or exceeding the EU thresholds (specified in the annex to the announcement of the President of the Public Procurement Office). The Terms of Reference will hereinafter be referred to by the abbreviation “SWZ”. 2. The Contracting Authority provides for the application of the so-called reverse procedure referred to in Article 139(1) of the Pzp Act, consisting of first examining and evaluating the tenders and then carrying out the qualitative selection of the Contractor whose tender received the highest score, with regard to the absence of grounds for exclusion and fulfilment of the conditions for participation in the procedure. 3. 4. The provisions of the Pzp Act and the regulations issued pursuant to that Act apply directly to this procedure. The provisions of those legal acts shall apply to all matters both regulated and not regulated in this SWZ. 5. The Contracting Authority does not provide for an electronic auction. 6. The Contracting Authority does not provide for the submission of a tender in the form of electronic catalogues. 7. The Contracting Authority is not conducting the procedure for the purpose of concluding a framework agreement. 8. The Contracting Authority does not reserve the possibility of applying for the award of the contract exclusively to the Contractors referred to in Article 94 of the Pzp Act. 9. The Contracting Authority does not provide for reimbursement of the costs of participation in the procedure. 10. The Contracting Authority does not provide for settlement in foreign currencies. 11. Pursuant to Article 95(1) of the Pzp Act, the Contracting Authority requires the contractor or subcontractor to employ, under an employment relationship within the meaning of the provisions of the Act of 26 June 1974, Labour Code (consolidated text: Journal of Laws of 2025, item 277, as amended), persons performing activities related to the performance of the work, i.e. persons operating the municipal installation, and in particular persons operating a certified industrial scale and persons performing waste-sorting activities at the sorting conveyor. 12. Detailed requirements concerning the implementation and enforcement of the requirement for employment under an employment relationship are specified in the Model Contract constituting Annex No. 2 to the SWZ. 13. The Contracting Authority does not specify additional requirements related to the employment of the persons referred to in Article 96(2)(2) of the Pzp Act. 14. The Contracting Authority has not divided the contract into lots for individual waste fractions because such a division would require the coordination of a significant number of contractors, which could generate significant and unjustified additional costs for the Contracting Authority. 15. The Contracting Authority does not provide for the Contractor to conduct a site visit. III. DEFINITION OF THE SUBJECT MATTER OF THE CONTRACT 1. The subject matter of the contract is a comprehensive municipal waste management service consisting of: 1) accepting municipal waste, itemised by type, at the municipal waste acceptance location indicated and provided by the Contractor, from the municipal waste collection operator, in compliance with the law and the requirements arising from the procurement documents, 2) processing the accepted municipal waste in recovery (R) and/or disposal (D) and/or collection/storage processes, at the municipal waste management location indicated and provided by the Contractor, in compliance with the law and the requirements arising from the procurement documents, 3) fulfilling reporting and information obligations, 4) fulfilling obligations guaranteeing the Contracting Authority the ability to exercise inspection and verification rights, 5) performing services and obligations related to the services specified above in points 1–4) — hereinafter jointly referred to as the “municipal waste management service”. 2. Procedure No.: P-zp.271.02.01.2026 3. The Contracting Authority recommends referring to the above procedure number in all correspondence concerning the Procedure. IV. DESCRIPTION OF THE SUBJECT MATTER OF THE CONTRACT 1. The subject matter of the contract has been described in: 1) the Description of the Subject Matter of the Contract (OPZ), constituting Annex No. 1 to the SWZ, 2) the Model Contract, constituting Annex No. 2 to the SWZ, 3) the Tender Form, constituting Annex No. 3 to the SWZ. 2. Common Procurement Vocabulary CPV: Main CPV code: 90500000-2-refuse and waste related services Additional CPV codes: 90510000-5-refuse disposal and treatment 90514000-3-refuse recycling services 90533000-2-waste-tip management services 3. Note! Whenever the SWZ indicates a trademark, patent or origin, source or particular process that characterises the products or services provided by a specific contractor, it shall be assumed that the words “or equivalent” are placed after each name, i.e. that the incorporated materials, equipment, etc. will possess (be characterised by) all parameters no worse than those described in the above-mentioned documents. Furthermore, whenever in the SWZ the Contracting Authority has described the subject matter of the contract by reference to standards, technical assessments, technical specifications and technical reference systems referred to in Article 101(1)(2) and (3) of the Pzp Act, it shall be assumed that each such reference is accompanied by the words “or equivalent”, i.e. that the incorporated materials, equipment, method of performance, etc. will possess (be characterised by) all parameters no worse than those described in the above-mentioned documents. TO BE CONTINUED Continued Subcontractors and third parties: 5. The Contractor may entrust the performance of the contract to subcontractors, provided that the subcontractor holds the appropriate authorisations to perform the contract entrusted to it, if appropriate authorisations (including the appropriate permits or entry in the appropriate register) are necessary for the performance of the contract. 6. Entrusting the performance of part of the subject matter of the contract to subcontractors shall not release the Contractor, to any extent, from liability for the proper performance of this contract. 7. In order to confirm fulfilment of the conditions for participation in the procedure, in appropriate situations and in relation to a specific contract or part thereof, the Contractor may rely on the technical or professional capacities or the financial or economic standing of other entities, regardless of the legal nature of the legal relationships between it and those entities. 8. At the same time, the Contracting Authority advises that the “appropriate situation” referred to above shall occur only where: 1) the Contractor relying on the capacities or standing of other entities proves to the Contracting Authority that, when performing the contract, it will have at its disposal the necessary resources of those entities, in particular by presenting an undertaking by those entities to make the necessary resources available to it for the purpose of performing the contract; 2) the Contracting Authority assesses whether the technical or professional capacities or financial or economic standing made available to the Contractor by other entities allow the Contractor to demonstrate fulfilment of the conditions for participation in the procedure and examines whether any grounds for exclusion applicable in this Procedure exist in respect of that entity. 3) With regard to conditions concerning education, professional qualifications or experience, Contractors may rely on the capacities of other entities if those entities perform the services for which those capacities are required. 4) A Contractor relying on the financial or economic standing of other entities shall be jointly and severally liable with the entity that undertook to make the resources available for damage suffered by the Contracting Authority as a result of the failure to make those resources available, unless it is not at fault for the failure to make the resources available. 5) If the technical or professional capacities or the economic or financial standing of the entity referred to in paragraph 7 of this chapter do not confirm the Contractor’s fulfilment of the conditions for participation in the procedure, or if grounds for exclusion exist in respect of those entities, the Contracting Authority shall require the Contractor, within a time limit specified by the Contracting Authority, to: a) replace that entity with another entity or entities, or b) undertake to perform the relevant part of the contract personally, if it demonstrates the technical or professional capacities or the financial or economic standing referred to in paragraph 1 of this chapter. 9. In order to assess whether the Contractor, by relying on the capacities or standing of other entities under the rules specified in Article 118(1) of the Pzp Act, will have the necessary resources at its disposal to an extent enabling proper performance of the public contract, and to assess whether the relationship between the Contractor and those entities guarantees actual access to their resources, the Contracting Authority requires the submission together with the tender of documents specifying in particular: 1) the scope of the other entity’s resources available to the Contractor; 2) the manner in which the Contractor will use the other entity’s resources in performing the public contract; 3) the scope and period of the other entity’s participation in the performance of the public contract; 4) whether the entity on whose capacities the Contractor relies with regard to the conditions for participation in the procedure concerning experience will perform the services to which the specified capacities relate. 10. The Contracting Authority requires a Contractor relying on the capacities or standing of other entities under the rules specified in Article 118(1) of the Pzp Act to present, in relation to them, the documents listed in Chapter X of this SWZ (both the declaration referred to in Article 125(1) of the Pzp Act and the entity-specific means of proof). XIII. INFORMATION ON THE METHOD OF COMMUNICATION BETWEEN THE CONTRACTING AUTHORITY AND CONTRACTORS AND THE TRANSMISSION OF DECLARATIONS OR DOCUMENTS 1. The persons authorised to contact Contractors are: regarding PZP, Julita Wdowczyk, e-mail: j.wdowczyk@jaraczewo.pl, zamowienia@jaraczewo.pl, tel. 627409378; regarding technical matters, Wioletta Kempska, e-mail: odpady@jaraczewo.pl, tel. 627409381. 2. The procedure is conducted in Polish in electronic form via platformazakupowa.pl at https://platformazakupowa.pl/transakcja/1352256 . 3. In order to shorten the response time for questions, communication between the Contracting Authority and Contractors concerning: - sending the Contracting Authority questions about the content of the SWZ; - sending responses to the Contracting Authority’s request to submit entity-specific means of proof; - sending responses to the Contracting Authority’s request to submit/correct/supplement the declaration referred to in Article 125(1), entity-specific means of proof, other documents or declarations submitted in the procedure; - sending responses to the Contracting Authority’s request to provide explanations concerning the content of the declaration referred to in Article 125(1), or submitted entity-specific means of proof, or other documents or declarations submitted in the procedure; - sending responses to the Contracting Authority’s request to provide explanations concerning the content of subject-matter-specific means of proof; - sending responses to other requests from the Contracting Authority arising from the Public Procurement Law; - sending the Contractor’s applications, information and declarations; - sending an appeal/other communications takes place via platformazakupowa.pl and the “Send a message to the contracting authority” form. The date on which declarations, applications, notices and information are transmitted (received) shall be deemed to be the date on which they are sent via platformazakupowa.pl by clicking the “Send” button. Procedure: open. Review the original TED notice for the complete requirement, lots, amendments and attachments.