Poland – Refuse and waste related services – Management of municipal waste transferred by entities collecting waste on behalf of the Wierzyca Association of Municipalities from the indicated property owners in the municipalities participating in the Wierzyca Association of Municipalities

Opportunity description

I. The subject of the contract is the acceptance and management of municipal waste from entities collecting waste on behalf of the Wierzyca Association of Municipalities, originating from owners of inhabited properties and owners of properties on which summer cottages and other properties used for recreational and leisure purposes are located, collected from properties situated within the municipalities participating in the Wierzyca Association of Municipalities, as specified in the Contract Template and under the conditions described in the detailed description of the subject of the contract constituting Annex No. 1 to the Contract Template. The Contractor will manage municipal waste from the following municipalities: Bobowo municipality, Kościerzyna rural municipality, Kościerzyna urban municipality, Lubichowo municipality, Nowa Karczma municipality, Przywidz municipality, Skórcz rural municipality, Skórcz urban municipality, Smętowo Graniczne municipality, Stara Kiszewa municipality. As part of the subject of the contract, the Contractor will manage the following waste fractions: 15 01 01-Paper and cardboard packaging 15 01 02-Plastic packaging 15 01 06-Mixed packaging waste 15 01 07-Glass packaging 15 01 10*-Packaging containing residues of or contaminated by hazardous substances 16 01 03-End-of-life tyres 17 01 03- Waste from other ceramic materials and furnishing elements 17 01 07-Mixtures of concrete, bricks, tiles and ceramics and furnishing elements other than those mentioned in 17 01 06 17 02 01-Wood 17 02 02-Glass 17 02 03-Plastics 17 03 80-Waste roofing felt 17 06 04-Insulation materials other than those mentioned in 17 06 01 and 17 06 03 17 08 02 - Gypsum-based construction materials other than those mentioned in 17 08 01 17 09 04-Mixed construction, renovation and demolition waste other than those mentioned in 17 09 01,17 09 02 and 17 09 03 20 01 10-Clothes 20 01 11-Textiles 20 01 21*-Fluorescent tubes and other mercury-containing waste 20 01 23*-Discarded equipment containing chlorofluorocarbons 20 01 32-Medicines other than those mentioned in 20 01 31 20 01 34-Batteries and accumulators other than those mentioned in 20 01 33 20 01 35*-Discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components 20 01 36-Discarded electrical and electronic equipment other than those mentioned in 20 01 21,20 01 23 and 20 01 35 20 01 39-Plastics 20 02 01-Biodegradable waste 20 03 01-Unsorted (mixed) municipal waste 20 03 07-Bulky waste The Contractor will accept municipal waste from entities indicated by the Contracting Authority and then manage it in accordance with the waste hierarchy referred to in Article 17 of the Act of 14.12.2012 on waste. Maximum quantity of municipal waste to be managed during the term of the contract: 20.082,41Mg Minimum quantity of municipal waste to be managed during the entire term of the contract: 19.354,78Mg. If the assumed maximum quantity of municipal waste to be managed during the entire term of the contract is not reached, the Contractor shall not be entitled to any claims. Payments will be settled on the basis of the actual quantity of waste managed. A detailed description of the subject of the contract is contained in Annex No. 1 to the contract–Description of the subject of the contract. A detailed description of the conditions for performing the subject of the contract is contained in the Contract Template constituting Annex No. 2 to the SWZ. II. Pursuant to Article 95(2)(1) of the Pzp, the Contracting Authority requires that activities involving the operation of the installation’s sorting lines be performed by persons employed by the Contractor or Subcontractor under an employment contract. The Contractor is obliged to submit to the Contracting Authority a declaration by the Contractor or Subcontractor regarding the employment under an employment contract of persons performing the activities indicated above. The declaration should contain information, including personal data, necessary to verify employment under an employment contract, in particular the employed worker’s first name and surname, the date of conclusion of the employment contract, the type of employment contract and the scope of the worker’s duties. The Contractor shall submit the first declaration, without waiting for a request from the Contracting Authority, within 7 calendar days from the date of commencement of the municipal waste management service. The Contractor shall submit each subsequent declaration within 7 calendar days from the date of receipt of the relevant request from the Contracting Authority. At every stage of performance of the subject of the contract, the Contracting Authority has the right to require the Contractor to confirm that persons are employed under an employment contract by submitting the declaration referred to above. Failure by the Contractor to submit the declaration within the required time limit shall be regarded by the Contracting Authority as evasion of the obligation to employ persons under an employment contract and shall result in the imposition of the sanctions provided for in §5(5) of the contract. The Contracting Authority may request that the National Labour Inspectorate conduct an inspection if it has doubts regarding the manner of employment of persons operating the installation’s sorting lines. III. Subject to Article 110(2) of the Pzp, Contractors in respect of whom any of the circumstances referred to in Article 108(1) of the Pzp apply shall be excluded from the contract award procedure. Contractors in respect of whom the circumstances indicated in Article 5k of Council Regulation (EU) No 833/2014 of 31.07.2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine or Article 7(1) of the Act of 13.04.2022 on special measures to counteract support for aggression against Ukraine and to protect national security apply shall be excluded from the procedure. The absence of grounds for exclusion within the scope of Article 108(1)(1)–(5) of the Pzp may be confirmed by a valid contractor certificate if its contents confirm the absence of grounds for exclusion with respect to the relevant ground for exclusion and the data contained in the declaration referred to in Article 125(1) of the Pzp submitted with the tender enable the Contracting Authority to identify the certificate and obtain it independently. Amendments to the contract 1. Provision is made for the possibility of amending the provisions of the concluded contract in relation to the contents of the tender on the basis of which the Contractor was selected, with regard to the time limits for performance of services provided for in this contract, in the event of force majeure directly affecting the timely performance of the service, understood as an extraordinary external event beyond the Parties’ control which could not have been foreseen at the time the contract was concluded and whose occurrence and effects could not have been foreseen despite exercising due diligence, and which event or its effects could not have been avoided or overcome despite exercising due diligence (e.g. hurricane, flood, natural disasters). 2. The Contracting Authority permits the possibility of changing the Contractor’s remuneration (indexation) in the cases referred to in Article 439(1) of the Pzp Act, according to the following rules: 1)The Parties may request indexation of the remuneration only when the index referred to in point 3 changes by at least +/- 5% in relation to the contract performance commencement date, 2)the Contractor’s remuneration may be subject to indexation after the expiry of a full 6 months from the performance commencement date, 3)indexation will be based on the index (Ww) of the increase or decrease in average remuneration (in the national economy-total), published by the President of GUS in the GUS Statistical Bulletin on the Office’s website, calculated on the basis of the increase or decrease in average remuneration for the previous year announced by the President of GUS, and the remuneration will be changed by 50% of the adjustment calculated on the basis of this index. If these indices cease to be available, other, most closely corresponding indices published by the President of GUS shall apply, 4)the remuneration will be subject to indexation by the indexation coefficient (Pn) calculated according to the formula: Pn=0,5*Ww/100 where: Pn-indexation coefficient calculated on the basis of the above formula to be applied to the remuneration, Ww-index of the increase or decrease in average remuneration (in the national economy-total), published by the President of the Central Statistical Office in the GUS Statistical Bulletin on the Office’s website, calculated on the basis of the increase or decrease in average remuneration for the previous year announced by the President of GUS, 5)the change in the amount of remuneration (gross unit prices for the acceptance of 1 tonne (Mg) of a given waste fraction) described in this paragraph shall occur if the above conditions are met, 6)the maximum nominal value of the remuneration change permitted by the Contracting Authority as a result of applying the provisions of this paragraph shall be 5% of the tender remuneration, 7)a change in remuneration pursuant to this paragraph exhausts the Contractor’s claims related to changes in the prices of materials or costs related to performance of the subject of the contract, 8)the increase in the Contractor’s remuneration shall take the form of an annex, 9)the Contractor is obliged to submit a written application containing a justification and a detailed method of calculating the new prices and the impact of the changes on the Contractor’s remuneration. 3. The Contracting Authority permits a change in the Contractor’s remuneration in the event of a change in generally applicable provisions of law or arising from final court judgments or final administrative acts of the competent authorities - to the extent necessary to adapt the provisions of the Contract to the resulting legal or factual situation. GDPR In connection with the implementation of the requirements set out in Article 13(1) and (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons 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 referred to as “GDPR”, we hereby provide information on the rules governing the processing of your personal data and your related rights: 1)The controller of personal data is the Contracting Authority: Wierzyca Association of Municipalities, with its registered office in Starogard Gdański, ul. Sikorskiego 18. Contact with the Data Protection Officer: e-mail: iod@zgwierzyca.pl. 2)Your personal data will be processed pursuant to Article 6(1)(c) of the GDPR for purposes related to the public procurement procedure in question, conducted under the open procedure. 3)The recipients of personal data will be persons or entities to whom the procedure documentation is made available pursuant to Article 8 and Article 96(3) of the Act. 4)Your personal data will be stored, pursuant to Article 97(1) of the Act, for a period of 4 years from the date of completion of the contract award procedure, and if the duration of the contract exceeds 4 years, the storage period shall cover the entire duration of the contract. 5)The obligation to provide directly concerning personal data is a statutory requirement specified in the provisions of the Act, related to participation in the public procurement procedure; the consequences of failing to provide specified data arise from the Act. 6)With regard to a personal data, decisions will not be made by automated means, pursuant to Article 22 of the GDPR. 7)You have: -pursuant to Article 15 of the GDPR, the right of access to your personal data; -pursuant to Article 16 of the GDPR, the right to rectification of your personal data; -pursuant to Article 18 of the GDPR, the right to request that the controller restrict the processing of personal data, subject to the cases referred to in Article 18(2) of the GDPR; 8)the right to lodge a complaint with the President of the Personal Data Protection Office if you consider that the processing of your personal data infringes the provisions of the GDPR. 9)You are not entitled to: -in connection with Article 17(3)(b), (d) or (e) of the GDPR, the right to erasure of personal data; −the right to data portability referred to in Article 20 of the GDPR; −pursuant to Article 21 of the GDPR, the right to object to the processing of personal data, because the legal basis for processing your personal data is Article 6(1)(c) of the GDPR. Procedure: open. Review the original TED notice for the complete requirement, lots, amendments and attachments.