76063-2017 - CompetitionPoland-Warsaw: Repair and maintenance services of rolling stock
OJ S 41/2017 28/02/2017
Contract notice – utilities
Services

Directive 2004/17/EC

Section I: Contracting entity

I.1.
Name and addresses
Official name: „Przewozy Regionalne” Sp. z o.o.
Postal address: ul. Wileńska 14a
Town: Warszawa
Postal code: 03-414
Country: Poland
Contact person: Warszawa, ul. Wileńska 14a, pokój 25
For the attention of: Agata Szewczyk, Anna Rutczuk
E-mail: wzs@p-r.com.pl
Internet address(es):
General address of the contracting entity: www.przewozyregionalne.pl
Additional information can be obtained from:
the abovementioned address
Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained from: the abovementioned address
Tenders or requests to participate must be submitted: the abovementioned address
I.2.
Main activity
Railway services
I.3.
Contract award on behalf of other contracting entities
The contracting entity is purchasing on behalf of other contracting entities: no

Section II: Object of the contract

II.1.
Description
II.1.1.
Title attributed to the contract by the contracting entity
Repair of wheelsets for electric multiple units.
II.1.2.
Type of contract and place of performance or delivery
Services
Service category No 1: Maintenance and repair services
NUTS code
II.1.3.
Information about a framework agreement or a dynamic purchasing system
The notice involves a public contract
II.1.4.
Information about framework agreement
II.1.5.
Short description of the contract or purchase(s)
The subject of the contract is the repair of wheelsets removed from electric multiple units in the following assortment:
— 624 wheelsets of types 3B0910-1-0 and 3B0910-1-0/RL-4782,
— 628 drive wheelsets of type 4B0910-1-0 and 4B0910-1-0/RL-4782.
II.1.6.
CPV code(s)
50222000 Repair and maintenance services of rolling stock
II.1.7.
Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
II.1.8.
Information about lots
This contract is divided into lots: no
II.1.9.
Information about variants
Variants will be accepted: no
II.2.
Scope of the procurement
II.2.1.
Total quantity or scope
II.2.2.
Information about options
Options: no
II.2.3.
Information about renewals
This contract is subject to renewal: no
II.3.
Duration of the contract or time limit for completion
Duration in months: 24 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1.
Conditions related to the contract
III.1.1.
Deposits and guarantees required
1. The Contractor is obliged to lodge a security in the amount of PLN 150 000,
2. The security must be lodged before the closing date for the submission of tenders in one or more of the forms referred to in Article 45(1). 6 of the PPL Act.
3. The tender guarantee must cover the entire period during which the tender is binding.
III.1.2.
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them
III.1.3.
Legal form to be taken by the group of economic operators to whom the contract is to be awarded
III.1.4.
Contract performance conditions
III.2.
Conditions for participation
III.2.1.
Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions: 1. Contractors who meet the conditions for participation in the Procedure and are not subject to exclusion from the Procedure may apply for the award of the contract. The Contracting Authority shall exclude the Contractor from the procedure in the cases specified in Art. 1 points 12-23 (subject to Art. 4 of the Act on Public Procurement) and para. 5 point 1 of the Public Procurement Act.
2. An economic operator participating in the procedure must demonstrate that it fulfils the following conditions:
1) in terms of technical or professional capacity, the Contractor must demonstrate that during the last three years before the deadline for submission of tenders, and if the period of activity is shorter - during this period, he has performed or is performing at least one contract for the repair of wheelsets for electric multiple units or electric locomotives, with a contract value of at least PLN 150 000 gross;
2) in terms of economic or financial situation, the Contractor must demonstrate that he has financial resources or has a creditworthiness of at least PLN 600 000.
3. In the case of Contractors submitting a joint tender or in the case of a civil-law partnership:
1) none of the Contractors/Partners of a civil law partnership may be excluded on the basis of the conditions specified in sec. 1 above;
2) the conditions set out in paragraph. 2 above Contractors/Partners of a civil law partnership may meet jointly.
4. The Contractor may rely on the technical or professional capacities or the financial or economic situation of other entities, irrespective of the legal nature of the legal relationship between him and the Contractor, to confirm that he satisfies the conditions for participation in the Procedure, where appropriate and for a specific contract or part thereof. An economic operator that relies on the capacities or situation of other entities must prove to the Contracting Authority that, in performing the contract, it will have at its disposal the necessary resources of those entities, in particular by providing an undertaking by those entities to make the necessary resources available to it for the performance of the contract, taking into account the provisions of paragraph. 23 below.
5. The Contracting Authority shall assess whether the technical or professional capacity made available to the Contractor by other entities, or their financial or economic situation, allows the Contractor to demonstrate compliance with the conditions for participation in the Proceedings and examine whether the grounds for exclusion referred to in Article 24 para. 1 pts. 13-22 (subject to Art. 4 of the Act on Public Procurement) and para. 5 point 1 of the Public Procurement Act.
6. The Contractor, who relies on the financial or economic situation of other entities, shall be jointly and severally liable with the entity that undertook to make the resources available for the damage suffered by the Contracting Authority as a result of not making these resources available, unless the failure to make the resources available is not at fault.
7. If the capacity of the entity referred to in paragraph 4, do not confirm that the Contractor meets the conditions for participation in the procedure or there are grounds for exclusion against these entities, the Contracting Authority requests that the Contractor, within the time limit specified by the Contracting Authority:
1) has replaced that entity with another entity or entities, or
2) undertook to personally perform the relevant part of the contract, if he demonstrates the capabilities referred to in sec. 2.
8. The amounts expressed in currencies other than the Polish zloty in documents confirming compliance with the conditions for participation in the procedure will be converted by the Contracting Authority at the average exchange rate of the National Bank of Poland on the date of publication of the notice of initiation of this procedure in the Official Journal of the European Union. If, on the day of publication of the contract notice, the National Bank of Poland does not publish information on the average exchange rate, the Contracting Authority will make appropriate conversions at the average exchange rate of the first subsequent day on which the National Bank of Poland publishes the above-mentioned information.
9.The Ordering Party shall assess the fulfilment of the conditions set out in paragraph. 1 and 2 above on the basis of statements and documents that the Contractor or Contractors will be obliged to submit together with the offer and at the request of the Ordering Party. The required statements and documents are listed in para. 10-28 below.
10. The Contractor shall attach to the tender a statement valid as at the date of submission of tenders concerning the absence of grounds for exclusion and fulfilment of the conditions for participation in the Procedure. The information contained in the declaration constitutes a preliminary confirmation that the Contractor is not subject to exclusion and meets the conditions for participation in the Proceedings. The declaration referred to in the preceding sentences shall be submitted by the Contractor in the form of a European Single Procurement Document. The contracting authority shall require the submission of the ESPD in writing.
11. An economic operator which relies on the resources of other entities in order to demonstrate that there are no grounds for exclusion against them and that, in so far as it relies on their resources, it satisfies the conditions for participation in the Proceedings shall also submit the ESPD relating to those entities.
12. In the case of joint procurement by the Contractors, the ESPD shall be submitted by each of the Contractors jointly applying for the contract. These documents confirm that the conditions for participation are met
in the procurement procedure and the absence of grounds for exclusion to the extent that each of the Contractors demonstrates compliance with the conditions for participation in the procedure and the absence of grounds for exclusion.
13. The Contractor shall, within 3 days of the publication of the following information on the website: the amount it intends to allocate to finance the contract; firms and addresses of economic operators who submitted tenders within the time limit; price, order performance date, warranty period and payment terms included in the offers (such information will be posted by the Ordering Party on the website immediately after the opening of the offers), provides the Ordering Party with a statement on belonging or not belonging to the same capital group within the meaning of the Act of 16.2.2007 on competition and consumer protection (Journal of Laws of 2015, item. 184, 1618 and 1634). Together with the declaration, the Contractor may provide evidence that links with another Contractor do not lead to distortion of competition in the Proceedings.
14. Before awarding the contract, the Contracting Authority shall call on the Contractor whose offer has been the highest scored to submit within a specified time limit, which shall not be shorter than 10 days, valid as at the date of submission of declarations or documents confirming the circumstances referred to in para. 1 and 2 above. If it is necessary to ensure the proper conduct of the Proceedings, the Contracting Authority may at any stage of the Proceedings invite the Contractors to submit all or some statements or documents confirming that they are not excluded or meet the conditions for participation in the Proceedings, and if there are reasonable grounds to believe that previously submitted statements or documents are no longer valid, to submit up-to-date statements or documents.
15. In order to confirm the absence of grounds for exclusion of the Contractor from participation in the Proceedings, referred to in para. 1 above, the Contractor must submit at the request of the Ordering Party:
1) information from the National Criminal Register within the scope specified in Art. 1 points 13, 14 and 21 of the Public Procurement Act, issued not earlier than 6 months before the deadline for submitting tenders in the Proceedings;
2) a declaration by the Contractor that he has not been the subject of a final court judgment or a final administrative decision on arrears in the payment of taxes, fees or social security or health insurance contributions or, in the event of such a judgment or decision, documents confirming payment of these duties together with any interest or fines or the conclusion of a binding agreement on the repayment of these duties;
3) a declaration by the Contractor that he has not been subject to a ruling as a preventive measure prohibiting him from applying for public contracts;
4) an excerpt from the relevant register or central register and information on economic activity, if separate provisions require entry in the register or in the register, in order to confirm the absence of grounds for exclusion pursuant to Article 24 para. 5 point 1 of the Public Procurement Act.
16. In order to confirm that the Contractor meets the conditions for participation in the Proceedings referred to in para. 2 above, the Contractor must submit at the request of the Ordering Party:
1) to confirm the fulfillment of the condition specified in sec. 2 point 1 – a list of services provided (performed at least one contract) in the last 3 years before the deadline for submitting tenders, and if the period of activity is shorter – during this period, together with their value, subject matter, dates of performance and entities to which supplies were made, and attaching evidence specifying whether these services were properly performed, the evidence in question being references or other documents issued by the entity to which the supplies were made, and if, for justified reasons of an objective nature, the Contractor is unable to obtain these documents – a declaration by the Contractor. In the case of periodic or continuous services still performed, references or other documents confirming their proper performance should be issued not earlier than 3 months before the deadline for submission of tenders.
2) to confirm the fulfillment of the condition specified in sec. 2 point 2 – information from a bank or a cooperative savings and credit union confirming the amount of funds held or the creditworthiness of the Contractor, issued not earlier than 3 months before the deadline for submitting tenders.
17. If the Contractor has its registered office or place of residence outside the territory of the Republic of Poland, instead of the documents referred to in para. 15 above:
1) point 1 - submits information from the relevant register or, in the absence of such a register, any other equivalent document issued by a competent judicial or administrative authority of the country in which the Contractor is established or where the person to whom the information or document relates is domiciled, to the extent specified in Article 24 para. points 13, 14 and 21 of the PPL;
2) point 4 - submits a document or documents issued in the country in which the contractor has its registered office or place of residence, confirming that its liquidation has not been opened or bankruptcy has not been declared.
18. Documents referred to in para. 17 above, should be issued no earlier than 6 months before the deadline for submission of tenders in the Proceedings.
19. If in the country where the Contractor is established or where the person to whom the document relates is domiciled, the documents referred to in paragraph 1 shall not be issued. 17, shall be replaced by documents containing, as appropriate, a declaration by the Contractor, indicating the person or persons authorised to represent him, or a declaration by the person to whom the document was to relate, made before a notary or before a judicial, administrative or self-regulatory body competent for the seat or place of residence of the Contractor or the place of residence of that person. The provision of paragraph. 18 is applied.
20. In case of doubt as to the content of the document submitted by the Contractor, the Contracting Authority may request the competent authorities of the country where the Contractor is established or where the person to whom the document relates is domiciled, respectively, to provide the necessary information concerning the document.
21. The Contractor established in the territory of the Republic of Poland, in relation to a person residing outside the territory of the Republic of Poland, to whom the document referred to in para. 15 points
1, submits the document referred to in paragraph. 17 point 1, to the extent specified in art. 1 points 14 and 21 of the Public Procurement Act. If such documents are not issued in the country of residence of the person to whom the document relates, they shall be replaced by a document containing that person's declaration before a notary or before a judicial, administrative or self-regulatory body competent for the place of residence of that person. The provision of paragraph. 18 is applied.
22. If the Contractor, demonstrating compliance with the conditions set out in paragraph. 2, relies on the resources of other entities in accordance with the principles set out in paragraph. 4, is obliged to prove to the Ordering Party that it will have these resources at its disposal during the performance of the contract, in particular by presenting for this purpose the obligation of these entities to make available to it the necessary resources for the performance of the contract. In order to assess whether the Contractor, relying on the capacities or situation of other entities under the terms of Article 22a of the Public Procurement Law, will have the necessary resources to perform the public contract properly and to assess whether the relationship between the Contractor and these entities guarantees effective access to their resources, the Contractor is required to submit documents specifying:
1) the scope of resources of another entity available to the Contractor;
2) the manner of using the resources of another entity, by the Contractor, in the performance of the public contract;
3) the scope and period of participation of another entity in the performance of a public contract.
23. An economic operator who relies on the capacities or situation of other entities in accordance with the principles set out in Article 22a of the Public Procurement Act must, at the request of the Contracting Authority, submit the documents listed in paragraph 1 above in relation to those entities. 6 points 1-4.
24. If the Contractor indicates the availability of the declarations or documents referred to in para. 15-23, in electronic form at specific internet addresses of publicly accessible and free-of-charge databases, the Ordering Party shall independently download statements or documents indicated by the Contractor from these databases.
25. If the Contractor indicates the declarations or documents referred to in para. 15-17, which are in the possession of the Ordering Party, in particular declarations or documents stored by the Ordering Party in accordance with Art. 1 of the Public Procurement Act, the Contracting Authority in order to confirm the circumstances referred to in Art. 1 points 1 and 3 of the Public Procurement Act, uses the declarations or documents in its possession, if they are up-to-date.
26. The declarations referred to in this section concerning the Contractor and other entities on whose capacities or situation the Contractor relies in accordance with Article 22a of the Public Procurement Act shall be made in the original. The documents referred to in this Section, other than the declarations referred to in the preceding sentence, shall be submitted in the original or in a certified copy. The certification of conformity with the original shall be carried out by the Contractor, the entity on whose capacities or situation the Contractor relies, the Contractor jointly applying for the award of a public contract, as appropriate, in respect of the documents relating to each of them. The attestation of conformity with the original shall be made in writing or in electronic form.
27. The contracting authority may require the production of the original or a notarised copy of the documents referred to in this section, other than statements, only if the submitted copy of the document is illegible or raises doubts as to its veracity.
28. Documents drawn up in a foreign language are submitted together with a translation into Polish. In the case referred to in para. 24, The Contracting Authority may require the Contractor to provide a translation into Polish of the documents indicated by the Contractor and downloaded by the Contracting Authority itself.
III.2.2.
Economic and financial ability
List and brief description of conditions: See Section III. 2.1.
III.2.3.
Technical and professional ability
List and brief description of conditions: See Section III. 2.1.
III.2.4.
Information about reserved contracts
III.3.
Conditions specific to services contracts
III.3.1.
Information about a particular profession
III.3.2.
Information about staff responsible for the performance of the contract

Section IV: Procedure

IV.1.
Type of procedure
IV.1.1.
Type of procedure
Open
IV.2.
Award criteria
IV.2.1.
Award criteria
Lowest price
IV.2.2.
Information about electronic auction
An electronic auction will be used: no
IV.3.
Administrative information
IV.3.1.
File reference number attributed by the contracting entity
PZP1-25-27/2017
IV.3.2.
Previous publication concerning this procedure
no
IV.3.3.
Conditions for obtaining specifications and additional documents
(except for a DPS)
Payable documents: no
IV.3.4.
Time limit for receipt of tenders or requests to participate
13.3.2017 - 12:00
IV.3.5.
Languages in which tenders or requests to participate may be submitted
Polish.
IV.3.6.
Minimum time frame during which the tenderer must maintain the tender
Duration in days: 60 (from the date stated for receipt of tender)
IV.3.7.
Conditions for opening of tenders
Date: 13.3.2017 - 12:15
Place

Warszawa, ul. Wileńska 14a

Section VI: Complementary information

VI.1.
Information about recurrence
This is a recurrent procurement: no
VI.2.
Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
VI.3.
Additional information
The term of the contract is 24 months from the date of conclusion of the contract.
In addition to Section IV.3.4) the time limit for the submission of tenders was set on the basis of Article 43 para. 2b(2) of the Public Procurement Act.
VI.4.
Procedures for review
VI.4.1.
Review body
Official name: Urząd Zamówień Publicznych
Postal address: ul. Postępu 17a
Town: Warszawa
Postal code: 02-676
Country: Poland
E-mail: odwolania@uzp.gov.pl
Telephone: +48 224587801
Fax: +48 224587800
Internet address: www.uzp.gov.pl
VI.4.2.
Review procedure
VI.4.3.
Service from which information about the review procedure may be obtained
Official name: Urząd Zamówień Publicznych
Postal address: ul. Postępu 17a
Town: Warszawa
Postal code: 02-676
Country: Poland
E-mail: odwolania@uzp.gov.pl
Telephone: +48 224587801
Fax: +48 224587800
Internet address: www.uzp.gov.pl
VI.5.
Date of dispatch of this notice
24.2.2017