Delivery of a wind turbine simulator for the Koszalin University of Technology.

Krótki opis

1. The subject matter of the contract is the delivery of a wind turbine simulator for the Koszalin University of Technology within the scope specified in the Terms of Reference (ToR) and the Price Form constituting Appendix 2 to the ToR.
2. A detailed description of the subject matter of the contract and technical requirements is contained in Appendix 2 to the ToR.
3. The Ordering Party requires the Contractor to provide information in the price form allowing the Ordering Party to identify the subject matter of the contract: manufacturer, type/model of the equipment. If the data allowing the Ordering Party to identify the subject matter of the contract is not provided, the contract shall be rejected pursuant to Article 226 section 1 item 5 of the PPL Act.
4. The Ordering Party shall not divide the contract into parts, as the subject matter of the contract constitutes a single complete set. Dividing the contract into tasks would entail excessive technical difficulties and costs of contract performance, as well as the need to coordinate the activities of various Contractors performing individual parts of the contract. The subject matter of the contract is suitable for performance by small and medium-sized entities.
5. The Contractor shall deliver, install and commission a new factory equipment, which is the subject of this procedure, at its own expense, to the place indicated by the Ordering Party, and provide training in its operation.
6. Detailed provisions concerning the performance of the subject matter of the contract are contained in the draft agreement constituting Appendix 11 to the ToR.
7. The Ordering Party shall apply the what is known as reverse procedure referred to in Article 139 section 1 of the PPL Act, i.e. the Ordering Party shall first test and evaluate the tenders, and then qualify the Contractor whose tender has been evaluated highest in terms of the absence of grounds for exclusion and fulfilment of the conditions for participation in the procedure.
8. The procedure shall be conducted in Polish and English. All statements and notifications shall be made in Polish and English. The Ordering Party shall conduct the procedure in two languages in accordance with Article 20 section 4 of the PPL Act, due to the possibility of expanding the circle of contractors and due to the specialised subject matter of the contract.
In the event of any discrepancies between the two language versions, the Polish language version shall prevail. The agreement shall be governed by Polish law. If the agreement is concluded by an entity registered in Poland, it shall be signed only in Polish, and if the agreement is concluded by a foreign entity, it shall be signed in Polish and English.

Opis zamówienia

1. The subject matter of the contract is the delivery of a wind turbine simulator for the Koszalin University of Technology within the scope specified in the Terms of Reference (ToR) and the Price Form constituting Appendix 2 to the ToR.
2. A detailed description of the subject matter of the contract and technical requirements is contained in Appendix 2 to the ToR.
6. Detailed provisions concerning the performance of the subject matter of the contract are contained in the draft agreement constituting Appendix 11 to the ToR.

Informacje dodatkowe

1. List of means of proof relating to the subject matter of the contract confirming fulfilment of the conditions for participation in the procedure concerning technical or professional capacity:
a) List of deliveries made (in accordance with Chapter VIII, item 1, sub-item 2, letter d) of the ToR) in the last 3 years, and if the period of activity is shorter than this period, including their subject, the date of performance and the entities for which the supplies were made, and attaching evidence confirming that these supplies were performed properly, where the evidence referred to is: references or other documents drawn up by the entity for which the supplies were made, and if the Contractor, for reasons beyond its control, is unable to obtain these documents, a statement by the Contractor (submitted in accordance with the template of the list of deliveries constituting Appendix 10 to the ToR).
Note!
• The periods expressed in years referred to in item 1(a) shall be counted backwards from the date of expiry of the deadline for submission of tenders.
• If the Contractor invokes experience in the execution of deliveries carried out jointly with other Contractors, the List of Deliveries referred to in item 1(a) shall refer to the deliveries in the execution of which the Contractor has directly participated.

Główne aspekty procedury

1. The Contractor shall submit a statement on the European Single Procurement Document (ESPD) form together with the tender. The statement shall constitute evidence confirming the absence of grounds for exclusion, fulfilment of the conditions for participation in the procedure as at the date of submission of tenders, temporarily replacing the means of proof relating to the subject matter of the contract required by the Ordering Party.
2. In addition, the Contractor must attach to the tender a statement confirming that, as at the date of submission of tenders, there are no grounds for exclusion under Article 7 section 1 of the Act of 13 April 2022 on special measures to counteract support for aggression against Ukraine and to protect national security (Journal of Laws of 2024, item 507) - (the template statement is provided in Appendix 4 to the ToR and pursuant to Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No. L 229 of 31 July 2014, p. 1), as amended by Council Regulation (EU) No. 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No L 111 of 8.4.2022, p. 1), - the template for the statement is provided in Appendix 5 to the ToR.
3. In the case of joint applications for an order by Contractors, a statement of non-exclusion pursuant to Article 7 section 1 of the Act of 13 April 2022 on special measures to counteract support for aggression against Ukraine and to protect national security ( Journal of Laws of 2024, item 507) and pursuant to Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No. L 229 of 31 July 2014, p. 1), as amended by Council Regulation (EU) No. 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No L 111 of 8.4.2022, p. 1) shall be submitted by each of the Contractors jointly applying for the contact. These statements confirm that there are no grounds for exclusion and that each Contractor individually meets the conditions for participation in the procedure.
4. Before selecting the most advantageous tender, the Ordering Party shall request the Contractor whose has been evaluated highest to submit, within a specified time limit of not less than 10 days from the date of the request, means of proof relating to the subject matter of the contract as at the date of submission.
5. The list of means of proof relating to the subject matter of the contract confirming that there are no grounds for exclusion is contained in Chapter IX, item 5 of the ToR.
6. The list of means of proof relating to the subject matter of the contract confirming that the conditions for participation in the procedure have been met is contained in Chapter IX, item 6 of the ToR.
7. The ordering party shall not request the submission of means of proof relating to the subject matter of the contract if:
1) t can obtain them from free and publicly available databases, in particular public registers within the meaning of the Act of 17 February 2005 on the computerisation of the activities of entities performing public tasks, provided that the Contractor has indicated in the statement referred to in Article 125 section 1 of the PPL Act the data enabling access to these means;
2) the means of proof relating to the subject matter of the contract is a statement whose content corresponds to the scope of the statement referred to in Article 125 section 1) of the PPL Act.
8. If, in the course of the procedure, the contractor fails to submit a statement, statements or documents necessary for the conduct of the procedure, the statements or documents submitted are incomplete, contain errors or raise doubts indicated by the Ordering Party, the Ordering Party shall request their submission, supplementation or correction within a time limit specified by the Ordering Party, unless, despite their submission, the Contractor's tender would be rejected or the procedure would have to be invalidated.
9. The continuation is contained in Chapter IX of the ToR.

Informacje dodatkowe

1. The manner of communication between the Ordering Party and the Contractors regarding the effective submission of tenders in this procedure is contained in Chapter XI, item 3 of the ToR.
2. The method of communication between the Ordering Party and Contractors regarding the effective submission of notices, electronic documents, statements or electronic copies of documents or declarations and other information in this procedure (not applicable to the submission of tenders) is contained in Chapter XI, item 4 of the ToR.
3. List of documents to be submitted by the Contractor in the tender:
1) Tender form – Appendix 1 to the ToR in electronic form, bearing a qualified electronic signature;
2) Price form – Appendix 2 to the ToR in electronic form, bearing a qualified electronic signature;
3) Statement referred to in Article 125 section 1 of the PPL Act in the form of a European Single Procurement Document (ESPD) – Appendix 3 to the ToR - in electronic form, bearing a qualified electronic signature;
4) Contractor's statement within the scope of Article 7 section 1 of the Act of 13 April 2022 on special measures to counteract support for aggression against Ukraine and to protect national security (Journal of Laws of 2024, item 507) – Appendix 4 to the ToR in electronic form, bearing a qualified electronic signature;
5) Contractor's statement regarding Article 5(k) of Regulation (EU) No 833/2014, as amended by Regulation (EU) 2022/576, concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine ( OJ EU No L 111 of 8.4.2022) – Appendix 5 to the ToR in electronic form, bearing a qualified electronic signature;
6) Statement of Contractors jointly bidding for the contract (if applicable) - Appendix 6 to the ToR in electronic form, bearing a qualified electronic signature;
7) Obligation of the entity providing resources to make the necessary resources available for the performance of the contact in question (if applicable) – Appendix 7 to the ToR in electronic form, bearing a qualified electronic signature of the person authorised to represent the entity providing the resources;
8) Power of attorney to represent the Contractor, if the tender is submitted by a representative – in electronic form, bearing a qualified electronic signature of the person(s) authorised to grant power of attorney.
4. The documents indicated in items 3(1)-(2) shall constitute the Contractor's tender.
5. If the Contractor only has a power of attorney in written form, it shall submit it in the form of an electronic certification of conformity of a copy, extract or copy with the document presented, which shall be certified by a notary public with a qualified electronic signature (Article 97 § 2 of the Notarial Law). A copy of the power of attorney drawn up by a notary in electronic form must then be attached to the tender in electronic form.

Dokładne informacje na temat terminu (terminów) procedur odwoławczych

1. Legal remedies are available to the Contractor if it has or had an interest in obtaining the contract and has suffered or may suffer damage as a result of a violation of the provisions of the Public Procurement Law by the Ordering Party.
2. An appeal may be lodged against:
1) An action of the Ordering Part taken in the contract award procedure which is inconsistent with the provisions of the Act, including the draft agreement;
2) Failure to take any action in the procurement procedure that the Ordering Party was obliged to take under the Act;
3) Failure to conduct a procurement procedure under the Act, despite the fact that the Ordering Party was obliged to do so.
3. The appeal shall be lodged with the President of the National Appeals Chamber.
4. The appellant shall deliver the appeal lodged in electronic form or in electronic form or a copy thereof, if it was lodged in writing, to the Ordering Party before the expiry of the time limit for lodging an appeal in such a way that the Ordering Party can review its content before the expiry of that time limit.
5. The Ordering Party shall be deemed to have been able to review the content of the appeal before the expiry of the time limit for lodging an appeal, if the communication of the appeal or a copy thereof, as the case may be, was effected by means of electronic communication before the expiry of the time limit for lodging an appeal.
6. An appeal shall be lodged within: 10 days from the date of communication of information on the Ordering Party's action constituting the basis for lodging an appeal, if that information was transmitted by electronic means of communication, or 15 days from the date of communication of information on the Ordering Party's action constituting the basis for lodging an appeal, if that information was transmitted by means other than electronic communication.
7. An appeal against the contents of the notice launching the procurement procedure or the contract documents shall be brought within 10 days of the publication of the notice in the Official Journal of the European Union or of the contract documents on the website.
8. Appeals in cases other than those specified in items 6 and 7 shall be lodged within 10 days from the date on which the circumstances constituting the grounds for the appeal became known or could have become known with due diligence.
9. If the Ordering Party, in spite of such an obligation, has not sent the Contractor a notice of selection of the most advantageous tender, the appeal shall be lodged no later than within 30 days from the date of publication in the Official Journal of the European Union of a contract award notice or 6 months from the date of conclusion of the contract, if the Ordering Party has not published a contract award notice in the Official Journal of the European Union.
10. Detailed information on legal protection measures is set out in Section IX ‘Legal remedies’ of the PPL Act.