Poland – Repair and maintenance services of trucks – VOLVO vehicle repair service

Opportunity description

1. The subject matter of the contract is the repair service of a VOLVO FL FLB2C/VP vehicle. 2. CPV code: 50114000-7 Repair and maintenance services of trucks 3. The procedure will be conducted without division into lots, due to the fact that the contract concerns only one unit of equipment, for which dividing the contract into lots is unjustified. 4. The detailed description and method of performance of the contract are set out in Annex No. 1 to the SWZ – “Description of the subject matter of the contract”, which constitutes an integral part of the SWZ. 1. This procedure is conducted under the open tender procedure referred to in Article 132 of the Act of 11 September 2019 – Public Procurement Law (Journal of Laws item 2026, item 793) – hereinafter referred to as the “Pzp Act”. 2. The contract value exceeds the EU thresholds determined pursuant to Article 3 of the Pzp Act. 3. Pursuant to Article 138(4) of the Pzp Act, the Contracting Authority sets the deadline for submission of tenders 5 days shorter than that specified in Article 138(1) of the Pzp Act, because tenders are submitted entirely using electronic means of communication, in the manner specified in Article 63(1) of the Pzp Act. 4. The procedure is conducted in Polish, in electronic form via the Procurement Platform (hereinafter: the Platform) at: https://platformazakupowa.pl/transakcja/1323987 1. Pursuant to Article 95(1) of the Act, the Contracting Authority requires the Contractor or subcontractor (if applicable) to employ, under an employment relationship, persons directly performing servicing, repair and maintenance activities on the Contracting Authority’s vehicles within the meaning of the provisions of the Act of 26 June 1974 – Labour Code (Journal of Laws of 2025, item 227), throughout the entire period of performance of this contract, as indicated in §8 of the model contract. 2. The requirements concerning the employment of the above-mentioned persons are specified in detail in §8 – Annex No. 7 to the SWZ – “Draft contractual provisions”, and will subsequently be included in the future contract. If the Contractor or subcontractor fails to meet the requirement to employ, under an employment relationship, persons performing the activities specified in point 1, the Contracting Authority provides for a sanction in the form of an obligation for the Contractor to pay a contractual penalty in the amount specified in § 14(3)(c) – Annex No. 7 to the SWZ – “Draft contractual provisions”, or the right to withdraw from the contract. 1. The Contracting Authority does not reserve the obligation for the Contractor to personally perform the subject matter of the contract; therefore, the Contractor may entrust performance of part of the contract to a subcontractor. 2. The Contractor may not commission a subcontractor to perform the entire contract. 3. In the tender constituting Annex No. 2 to the SWZ, “Tender”, the Contractor is obliged to indicate the part of the contract it intends to entrust to a subcontractor and the subcontractor’s company – if known. 4. The Contracting Authority requires the Contractor, before commencing performance of the contract, to provide the names, contact details and representatives of subcontractors involved in performing the contract, if they are already known. 5. The Contractor is obliged to provide the required information concerning new subcontractors to whom it intends to entrust performance of the contract at a later date. 6. The absence of the information referred to in point 3 will be understood by the Contracting Authority as performance of the contract by the Contractor using its own resources. 7. If the Contracting Authority determines that grounds for exclusion apply to a given subcontractor, the Contractor will be obliged to replace that subcontractor or refrain from entrusting performance of part of the contract to that subcontractor. 8. If the Contractor does not intend to perform the contract with the participation of subcontractors, “not applicable” or another similar phrase must be entered in the forms. If the Contractor leaves points in the forms uncompleted (blank fields), the Contracting Authority will consider that the contract will be performed using the Contractor’s own resources, without the participation of subcontractors. 9. Entrusting performance of part of the contract to subcontractors does not release the Contractor from responsibility for due performance of the subject matter of the contract. 10. A subcontracting agreement may not contain provisions shaping the subcontractor’s rights and obligations, with regard to contractual penalties and provisions concerning the terms of payment of remuneration, in a manner less favourable to it than the Contractor’s rights and obligations established by the provisions of the contract concluded between the Contracting Authority and the Contractor. 11. The Contractor will perform the services covered by the contract using its own resources. 12. The Contractor will be obliged to inform the Contracting Authority about the subcontractor. All settlements between the Contractor and the subcontractor will take place without the participation of the Contracting Authority. The Contracting Authority does not permit partial invoices from subcontractors. 13. If services are subcontracted to a subcontractor, the Contractor undertakes to obtain the Contracting Authority’s written consent to entrust performance of part of the services to the subcontractor. 14. If a subcontractor further subcontracts services to a further subcontractor, the Contractor undertakes to obtain the Contracting Authority’s written consent for the subcontractor to entrust performance of part of the services to the further subcontractor. 15. Irrespective of the terms of its agreement with a subcontractor, the Contractor is liable to the Contracting Authority for the acts or omissions of subcontractors as for its own acts or omissions. 16. The Contractor may not release itself from liability towards the Contracting Authority on the grounds that the Contractor’s non-performance or improper performance of the contract resulted from the non-performance or improper performance of obligations towards the Contractor by its business partners, sub-suppliers and subcontractors. Before initiating the procedure, the Contracting Authority did not conduct preliminary market consultations. 1. The tender consists of the completed detailed “Tender” Form – in accordance with Annex No. 2 to the SWZ, “Tender”. 2. The Contractor is obliged to attach the following to the tender: 2.2. European Single Procurement Document (ESPD): The model European Single Procurement Document form provided by the Contracting Authority complies with Commission Implementing Regulation (EU) 2016/7 of 5 January 2016 establishing the standard form for the European Single Procurement Document. Instructions for completing the ESPD are available on the website of the Public Procurement Office at: https://www.gov.pl/web/uzp/jednolity-europejski-dokument-zamowienia2 NOTE! The Contracting Authority recommends completing the ESPD form using the service available at: https://espd.uzp.gov.pl/. For this purpose, the European Single Procurement Document (ESPD) form in *xml format prepared by the Contracting Authority, constituting Annex No. 3 to the SWZ, must be downloaded from the Platform, saved to a disk and then imported into the above-mentioned service, and the model electronic ESPD form must be completed in accordance with the instructions provided there. The ESPD service does not archive files. a) The Contracting Authority informs that the Contractor may limit itself to completing section α in Part IV and does not need to complete any of the other sections in Part IV of the ESPD. b) If Contractors jointly apply for the contract, the declaration referred to in point 2.2 must be submitted by each Contractor. These declarations confirm the absence of grounds for exclusion and fulfilment of the conditions for participation in the procedure or selection criteria to the extent that each Contractor demonstrates fulfilment of the conditions for participation in the procedure or selection criteria. c) If the Contractor relies on the capacities or situation of entities providing resources, it shall submit, together with the declaration referred to in point 2.2, a declaration from the entity providing resources confirming the absence of grounds for exclusion of that entity and, as appropriate, fulfilment of the conditions for participation in the procedure or selection criteria to the extent that the Contractor relies on its resources. The model ESPD document is provided in Annex No. 3 to the SWZ – “ESPD”. 2.3 A power of attorney authorising submission of the tender, if the tender is submitted by an attorney-in-fact. 2.4 A power of attorney for the attorney-in-fact to represent Contractors jointly applying for the award of the contract in the procedure – applicable to tenders submitted by Contractors jointly applying for the award of the contract. 2.5 A declaration containing at least the information referred to in Article 117(4) – applicable to tenders submitted by Contractors jointly applying for the award of the contract – constituting Annex No. 5 to the SWZ. Information on the formalities that must be completed after selection of the tender in order to conclude the public procurement contract 1. A contract will be concluded with the Contractor whose tender is considered the most advantageous for the given lot of the contract, on the terms specified in the draft contractual provisions constituting Annex No. 7 to the SWZ. 2. Persons representing the Contractor must submit via the portal (at: https://platformazakupowa.pl/transakcja/1323987 documents confirming their authorisation to conclude the contract, unless such authorisation is evident from the documents attached to the tender. 3. The selected Contractor accepts the draft contractual provisions without reservations and undertakes to conclude the contract via the System at: https://platformazakupowa.pl/transakcja/1323987 within the deadline specified by the Contracting Authority. 4. The Contracting Authority will conclude the contract with the Contractor that submits the most advantageous tender from the perspective of the criterion adopted in this SWZ. 5. The Contracting Authority will conclude the public procurement contract within the deadline compliant with Article 264 of the Pzp Act, in electronic form, i.e. in electronic form bearing a qualified electronic signature. 6. If the Contractor whose tender was selected as the most advantageous evades conclusion of the public procurement contract, the Contracting Authority may re-examine and evaluate the tenders among the tenders of the other Contractors remaining in the procedure, or cancel the procedure. 7. In the event of technical problems on the part of the Contracting Authority, the contract may be concluded in paper form, at the Contracting Authority’s registered office or by correspondence. 8. Before signing the contract, the Contracting Authority requires the Contractor to submit a document confirming possession of a current paid-up policy or another civil liability insurance document covering its business activity for an amount of not less than PLN 100,000.00, and the Contractor undertakes to maintain current civil liability insurance throughout the entire term of the contract. 9. If the Contractor does not submit the document listed in point 8 before conclusion of the contract, this will be tantamount to evading signature of the contract. Consequently, pursuant to Article 263 of the Pzp Act, the Contracting Authority may re-examine and evaluate the tenders among the tenders of the Contractors remaining in the procedure and select the most advantageous tender, or cancel the procedure. Procedure: open. Estimated value: 190,134.67 PLN. Review the original TED notice for the complete requirement, lots, amendments and attachments.