224711-2024 - Competition
Poland – Military vehicles and associated parts – DOSTAWA KAMER TERMOWIZYJNYCH KLW-1R DO KTO ROSOMAK. NR SPRAWY: TECH/123/OiB/MP/2024
OJ S 75/2024 16/04/2024
Contract or concession notice – standard regime
Supplies
1. Buyer
1.1.
Buyer
Official name: 4 Regionalna Baza Logistyczna we Wrocławiu
Email: 4rblog.przetargi@ron.mil.pl
Legal type of the buyer: Body governed by public law
The buyer is a contracting entity
Activity of the contracting authority: Defence
2. Procedure
2.1.
Procedure
Title: DELIVERY OF THERMAL CAMERA KLW-1R TO KTO ROSOMAK. Case No: TECH/123/OiB/MP/2024
Description: The subject of the contract is: DELIVERY OF THERMAL CAMERA KLW-1R TO KTO ROSOMAK. A detailed description of the subject-matter of the contract, its requirements and the conditions for the performance of the contract will be set out in the SRW, which will be communicated to the Contractors invited to submit tenders.
Procedure identifier: 636ce9c0-97a6-4858-8fca-90b4e9f9743a
Internal identifier: TECH/123/OiB/MP/2024
Type of procedure: Restricted
2.1.1.
Purpose
Main nature of the contract: Supplies
Main classification (cpv): 35400000 Military vehicles and associated parts
2.1.2.
Place of performance
Postal address: Skład Nowogród Bobrzański  
Town: Nowogród Bobrzański
Postcode: 68-011
Country subdivision (NUTS): Zielonogórski (PL432)
Country: Poland
Additional information: The Contractor undertakes to deliver the products to the 4th Regional Logistics Base - Nowogród Bobrzański Depot.
2.1.4.
General information
Legal basis: 
Directive 2009/81/EC
_DEFAULT_VALUE_CHANGE_ME_ - Directive 2009/81/EC
Contract in the fields of defence and security with a value above the Union thresholds. Restricted tendering procedure under Article 411 of the Public Procurement Act.
Applicable cross-border law: Not applicable
2.1.6.
Grounds for exclusion
Corruption: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 points 1 and 2 of the Public Procurement Act. To confirm the absence of grounds for exclusion. The Contractor shall submit together with the request to participate in the proceedings Information from the National Criminal Register.
Fraud: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 points 1 and 2 of the Public Procurement Act.
Breaching of obligations in the fields of environmental law: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1(1)(h) and (2) of the Public Procurement Act.
Insolvency: An economic operator referred to in Article 109(1) shall be excluded from the procurement procedure. 1 point 4 of the Public Procurement Act.
Payment of social security contributions: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 point 3 of the Public Procurement Act.
Purely national exclusion grounds: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 points 1, 2 and 4 of the Public Procurement Act. Contractors who are not subject to exclusion from the procedure pursuant to Art. 1 and paragraph. 2 points 4 and points. 5 (para. 5 only to the extent specified in Article 109(1)(4) of the Public Procurement Act). Exclusion of the Contractor shall take place in accordance with Article 111 of the Public Procurement Law. The Contractor shall not be excluded in the circumstances specified in Art. 1 points 1, 2, 5 and 6 of the Public Procurement Law if he proves to the contracting authority that he met all the conditions indicated in Art. 2 Pzp. The Contracting Authority shall assess whether the activities referred to in Art. 2 PPL, are sufficient to demonstrate its reliability, taking into account the seriousness and special circumstances of the economic operator's act. If the actions taken by the contractor are not sufficient to demonstrate its reliability, the contracting authority shall exclude the contractor. 2. In accordance with Article 7 of the Act of 13 April 2022 on special solutions to counteract the support for aggression against Ukraine and to protect national security, the Contracting Authority will exclude from the public procurement procedure conducted on the basis of the Act of 11 September 2019 – Public Procurement Law: an economic operator included in the lists provided for in Regulation (EC) No 765/2006 and Regulation (EU) No 269/2014 or entered on the list on the basis of a decision on inclusion on the list determining the application of an exclusion measure from public procurement procedures; b) an economic operator whose beneficial owner within the meaning of the Act of 1 March 2018 on the prevention of money laundering and terrorist financing is a person listed in the lists set out in Regulation (EC) No 765/2006 and Regulation (EU) No 269/2014 or entered on the list or being such a beneficial owner from 24 February 2022, provided that it has been entered on the list on the basis of a decision on entry on the list deciding on the application of an exclusion measure from public procurement procedures; (c)an economic operator whose parent undertaking within the meaning of Article 3(3) is: Point 1(37) of the Accounting Act of 29 September 1994 is an entity listed in Regulation (EC) No 765/2006 and Regulation (EU) No 269/2014 or entered on the list or being such a parent company since 24 February 2022, provided that it has been entered on the list on the basis of a decision on entry on the list deciding on the application of an exclusion measure from public procurement procedures. 3. Pursuant to Article 5 k par. 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 L 229, 31.7.2014, p. 1 – as amended],: It shall be prohibited to award or continue to perform any public contract (...) falling within the scope of the Public Procurement Directives (...) for or with: Russian nationals or natural or legal persons, entities or bodies established in Russia; legal persons, entities or bodies whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) of this paragraph; or (c) natural or legal persons, entities or bodies acting on behalf or at the direction of an entity referred to in points (a) or (b) of this paragraph, including subcontractors, suppliers or entities whose capacities are relied upon within the meaning of the Public Procurement Directives, where they account for more than 10 % of the value of the contract. Agreements with other economic operators aimed at distorting competition: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 point 5 of the Public Procurement Act.
Agreements with other economic operators aimed at distorting competition: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 point 5 of the Public Procurement Act
Child labour and other forms of trafficking in human beings: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 points 1 and 2 of the Public Procurement Act.
Money laundering or terrorist financing: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 points 1 and 2 of the Public Procurement Act
Terrorist offences or offences linked to terrorist activities: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 points 1 and 2 of the Public Procurement Act.
Participation in a criminal organisation: An economic operator referred to in Article 109(1) shall be excluded from the procurement procedure. 1 point 4 of the Public Procurement Act
Bankruptcy: An economic operator referred to in Article 109(1) shall be excluded from the procurement procedure. 1 point 4 of the Public Procurement Act.
Assets being administered by liquidator: An economic operator referred to in Article 109(1) shall be excluded from the procurement procedure. 1 point 4 of the Public Procurement Act.
Direct or indirect involvement in the preparation of this procurement procedure: An economic operator referred to in Article 108(1) shall be excluded from the procurement procedure. 1 points 1 and 2 of the Public Procurement Act.
Business activities are suspended: An economic operator referred to in Article 109(1) shall be excluded from the procurement procedure. 1 point 4 of the Public Procurement Act
Analogous situation like bankruptcy under national law: An economic operator referred to in Article 109(1) shall be excluded from the procurement procedure. 1 point 4 of the Public Procurement Act
5. Lot
5.1.
Lot: LOT-0001
Title: DELIVERY OF THERMAL CAMERA KLW-1R TO WHO ROSOMAK
Description: A detailed description of the subject-matter of the contract, its requirements and the conditions for the performance of the contract will be set out in the SRW, which will be communicated to the Contractors invited to submit tenders.
Internal identifier: DOSTAWA KAMER TERMOWIZYJNYCH KLW-1R DO KTO ROSOMAK
5.1.1.
Purpose
Main nature of the contract: Supplies
Main classification (cpv): 35400000 Military vehicles and associated parts
Options: 
Description of the options: The Ordering Party informs that it does not provide for the use of optional orders.
5.1.2.
Place of performance
Postal address: Skład Nowogród Bobrzański  
Town: Nowogród Bobrzański
Postcode: 68-011
Country subdivision (NUTS): Zielonogórski (PL432)
Country: Poland
Additional information: The Contractor undertakes to deliver the products to the 4th Regional Logistics Base - Nowogród Bobrzański Depot.
5.1.3.
Estimated duration
Duration end date: 29/11/2024
Duration: 150 Days
5.1.4.
Renewal
Maximum renewals: 0
5.1.6.
General information
Reserved participation: Participation is not reserved.
Procurement Project not financed with EU Funds.
Additional information: 1. The specimen request to participate, which is attached as Annex 1 to this notice, can be downloaded from the Contracting Authority’s website https://https://portal.smartpzp.pl/4rblog/public/procedure?procedure=65717567 2. Requests to participate pursuant to Art. 5 of the Public Procurement Law must be submitted, failing which it will be null and void, in writing (in its original form) via the postal operator within the meaning of the Postal Law Act of 23 November 2012 to the address of the Database or in person at the registered office of the Ordering Party at ul. Pretficza 28, 50-984 Wrocław. Working days and hours of the Ordering Party: from Monday to Friday from 7.00 a.m. to 3.00 p.m. a) Requests to participate in the procedure delivered to the Employer's office, other than by post, are received by an authorized employee of 4RBLog Law Firm at the place: The applicant for admission to the proceedings (representative of the Contractor, courier, etc.) is obliged to inform the employee of the Pass Office about its delivery and the need to call an employee of the Law Firm for this purpose.c) The requested employee of the Law Firm receives the application for admission to the proceedings and, in the presence of the applicant, seals it with the service seal used to seal documents, enters the date and time of delivery. The completion of the above actions means the moment of submitting the application and thus its effective delivery. d) The Ordering Party is not responsible for the delay in submitting the request to participate in the procedure by the post office or courier company. The Contractor shall attach to the request to participate: 1) the declaration referred to in Art. 1 of the Public Procurement Act 2) subjective means of proof, i.e.: a) the current concession referred to in the Act of 13 June 2019. On the performance of economic activity in the field of production and trade in explosives, weapons, ammunition and products and technology for military or police purposes within the scope of WTII specified in the Regulation of the Council of Ministers of 17 September 2019 on the classification of types of explosives, weapons, ammunition and products and technologies for military or police purposes for which the production or trade is required to obtain a license. 1 point 5 of the PPL Act on the lack of belonging to the same capital group, within the meaning of the Act of 16 February 2007 on competition and consumer protection (Journal of Laws No. Journal of Laws 2019, item 369), with another economic operator that submitted a separate request to participate in the procedure, or a declaration of belonging to the same capital group together with documents or information confirming the preparation of the request to participate in the procedure independently of another economic operator belonging to the same capital group - c) declaration of the economic operator that there are no grounds for exclusion indicated in Article 108 par. 1 points 3-6 of the Public Procurement Act (PPL) d) Information from the National Criminal Register regarding the grounds for exclusion indicated in art. 1 points 1, 2 and 4 of the Public Procurement Act drawn up not earlier than 6 months before the deadline for submitting applications to leave to participate in the proceedings; e) copy or information from the National Court Register or from the Central Register and Information on Economic Activity, within the scope of art. 1 point 4 of the Public Procurement Act drawn up not earlier than 3 months before the deadline for submitting requests to participate in the proceedings; f) statement of the contractor in II. If the Contractor has its registered office or place of residence outside the Republic of Poland instead of: 1) Information from the National Criminal Register regarding the grounds for exclusion indicated in Art. 1 points 1, 2 and 4 of the PPL - submits information from an appropriate register, such as a court register, or, in the absence of such a register, another equivalent document issued by the competent judicial or administrative authority of the country in which the contractor has its registered office or place of residence or the place of residence of the person to whom the information or document relates, to the extent specified in Article 108(1) points 1, 2 and 4 of the PPL (the document should be issued no earlier than 6 months before the deadline for submitting requests to participate in the procedure). 2) a copy or information from the National Court Register or from the Central Register and Information on Economic Activity, within the scope of art. 1 point 4 of the Public Procurement Act - submits a document or documents issued in the country in which the Contractor has its registered office or place of residence or the person to whom the information or document relates confirming that its liquidation has not been opened, its bankruptcy has not been declared, its assets are not managed by a liquidator or a court, it has not concluded an arrangement with creditors, its business activity is not suspended or it is not in any other such situation resulting from a similar procedure provided for in the provisions of the place where this procedure was initiated (the document should be issued not earlier than 3 months before the deadline for submitting requests to participate in the proceedings.) III. If the documents referred to in point II are not issued in the country where the economic operator is established or where the person to whom the information or document relates is domiciled, or if these documents do not relate to all cases referred to in Article 108 para. Points 1, 2 and 4 of the Public Procurement Act shall be replaced, respectively, in whole or in part, by a document containing, respectively, a declaration by the economic operator, indicating the person or persons authorised to represent it, or a declaration by the person to whom the document was to relate, made under oath, or, if in the country in which the economic operator has its registered office or place of residence, a person to whom the document was to relate has no provisions on a declaration under oath, made before a judicial or administrative authority, a notary, a professional or economic self-government body competent for the economic operator's registered office or place of residence. Documents or statements drawn up in a foreign language shall be submitted together with a translation into Polish. All listed Annexes to the Description together with the Description of how to prepare a request to participate in the proceedings in the fields of defence and security available for download on the Contracting Authority's website at: https://portal.smartpzp.pl/4rblog/public/procedure?procedure=65717567.
5.1.9.
Selection criteria
Criterion: 
Type: Suitability to pursue the professional activity
Name: Concession
Description: This condition shall be deemed fulfilled by the Contracting Authority if the Contractor proves that he has a concession covering the subject-matter of the contract in accordance with Article 114 of the Public Procurement Act. Current license obtained in accordance with the Act of 13 June 2019 on the performance of economic activity in the field of production and trade of explosives, weapons, ammunition and products and technology for military purposes (Journal of Laws of 2019, item. 1214) within the scope of WTII as defined in the Regulation of the Council of Ministers of 17 September 2019 on the qualification of types of explosives, weapons, ammunition and products and technologies for military or police use, for the production or marketing of which it is required to obtain a license,
Use of this criterion: Not used
Information about the second stage of a two-stage procedure: 
The procedure will take place in successive stages. At each stage, some participants may be eliminated
5.1.10.
Award criteria
Criterion: 
Type: Price
Name: Price
Description: Weighting of the criterion: 100/ includes the price of the guaranteed order
Category of award weight criterion: Weight (points, exact)
Award criterion number: 100,00
5.1.11.
Procurement documents
Languages in which the procurement documents are officially available: Polish
Address of the procurement documents: https://portal.smartpzp.pl/4rblog/public/postepowanie?postepowanie=65717567
Ad hoc communication channel: 
URL: https://portal.smartpzp.pl/4rblog/public/postepowanie?postepowanie=65717567
5.1.12.
Terms of procurement
Terms of submission: 
Obligatory indication of subcontracting: The share of the contract that the tenderer intends to subcontract
Electronic submission: Not allowed
Justification for why electronic submission is not possible: Protection of particularly sensitive information
Description: Requests to participate pursuant to Art. 5 of the PPL must be submitted, failing which it will be null and void, in writing (in paper form, signed in manuscript and handed over in the original) via the postal operator within the meaning of the Act of 23 November 2012. Postal law to the address of the Base or in person at the seat of the Ordering Party ul. Pretficza 28, 50-984 Wrocław. Working days and hours of the Ordering Party: Monday to Friday from 7:00 to 15.00. In accordance with Article 401 para. 1 in conjunction with Article 401 para. 5 of the Public Procurement Act, communication between the Ordering Party and the Contractor takes place using electronic means of communication via the Procurement Platform at:https://portal.smartpzp.pl/4rblog/public/procedure?procedure=65717567 with the exception of submitting tenders, requests to participate in the procedure and the statement referred to in art. 1 of the Public Procurement Act.
Languages in which tenders or requests to participate may be submitted: Polish
Electronic catalogue: Not allowed
Variants: Not allowed
Deadline for receipt of requests to participate: 21/05/2024 09:00:00 (UTC+2) Eastern European Time, Central European Summer Time
Terms of contract: 
The execution of the contract must be performed within the framework of sheltered employment programmes: No
Conditions relating to the performance of the contract: The detailed conditions for the performance of the contract will be laid down in the CVT, which will be communicated to the contractors invited to submit tenders.
A non-disclosure agreement is required: no
Electronic invoicing: Allowed
Electronic ordering will be used: yes
Electronic payment will be used: yes
Legal form that must be taken by a group of tenderers that is awarded a contract: 1. Contractors may jointly apply for a contract in accordance with Article 58 of the Act of 11 September 2019. Public Procurement Law (Journal of Laws of 2019, item 2019 as amended), hereinafter referred to as: the PPL Act. 2. Pursuant to Article 58(2) of the Public Procurement Act, Contractors jointly applying for the award of a contract shall appoint a proxy to represent them in the procurement procedure or to represent them in the procedure and in the conclusion of a public contract. 3. The power of attorney pursuant to Article 99 of the CC must be submitted in writing, failing which it will be null and void. The power of attorney must be drawn up in paper form and signed in manuscript and submitted in the original or as a certified copy by the principal or a notary. 4. In the case of contractors jointly applying for a contract, the declaration referred to in Article 125 para. 1 of the Public Procurement Law shall be submitted by each of the Contractors jointly applying for the contract. 5. Declarations and documents confirming that there are no grounds for exclusion from the procedure, including a declaration of membership or non-membership of the same capital group, shall be submitted by each of the Contractors jointly applying for the contract. 6. The document confirming the condition of participation in the procedure referred to in Article 114 of the Public Procurement Act, concerning the right to conduct a specific business or professional activity, shall be submitted by at least one of the Contractors jointly applying for the contract. The condition relating to the right to pursue a specific economic or professional activity is fulfilled if at least one of the economic operators jointly applying for the contract has the right to pursue a specific economic or professional activity and will carry out the supplies for which that right is required. In this case, economic operators jointly applying for the award of a contract shall attach to the request to participate a statement indicating which supplies will be made by each economic operator. 7. Pursuant to Article 59 of the Public Procurement Act, the Contracting Authority may request a copy of the contract governing the cooperation of Contractors jointly applying for the award of a contract before concluding a public procurement contract. All the above-mentioned annexes to the instructions, together with instructions on how to prepare a request to participate in the proceedings in the fields of defence and security, are available for download on the Contracting Authority's website at: https://portal.smartpzp.pl/4rblog/public/procedure?procedure=65717567
Financial arrangement: The detailed financial terms and conditions will be laid down in the CVT, which will be communicated to the contractors invited to submit tenders.
Subcontracting: 
The contractor must indicate any change of subcontractors during the execution of the contract.
5.1.15.
Techniques
Framework agreement: No framework agreement
Information about the dynamic purchasing system: No dynamic purchase system
Electronic auction: no
5.1.16.
Further information, mediation and review
Review organisation: Krajowa Izba Odwoławcza
Information about review deadlines: Remedies are available to the contractor, contest participant and other entity if it has or has had an interest in obtaining an order or prize in the competition and has suffered or may suffer damage as a result of the contracting authority's violation of the provisions of the Public Procurement Act. 2) Remedies against a notice initiating a procurement procedure or a competition notice and procurement documents shall also be available to organisations included in the list referred to in Article 469(15) of the Public Procurement Law and to the Ombudsman for Small and Medium-sized Entrepreneurs. 3) An appeal against the content of the notice or the content of the CVT shall be filed within 10 days from the date of publication of the notice in the Official Journal of the European Union or publication of the procurement documents on the website. 4) The appeal shall be filed within the time limit: a) 10 days from the date of providing information about the contracting authority's action constituting the basis for its submission, if the information was provided using electronic means of communication, b) 15 days from the date of providing information about the contracting authority's action constituting the basis for its submission, if the information was provided in a manner other than specified in point a). 5) An appeal in cases other than those specified in points 3 and 4 shall be filed within 10 days from the date on which the circumstances on which it was filed were known or could have been known with due diligence.
Organisation providing additional information about the procurement procedure: 4 Regionalna Baza Logistyczna we Wrocławiu
Organisation providing more information on the review procedures: 4 Regionalna Baza Logistyczna we Wrocławiu
Organisation receiving requests to participate: 4 Regionalna Baza Logistyczna we Wrocławiu
Organisation processing tenders: 4 Regionalna Baza Logistyczna we Wrocławiu
8. Organisations
8.1.
ORG-0001
Official name: 4 Regionalna Baza Logistyczna we Wrocławiu
Registration number: 8960004952
Department: 4 Regionalna Baza Logistyczna
Postal address: ul.Pretficza 28 50-984
Town: Wrocław
Postcode: 50-984
Country subdivision (NUTS): Miasto Wrocław (PL514)
Country: Poland
Contact point: Sekcja Zamówień Publicznych
Email: 4rblog.przetargi@ron.mil.pl
Telephone: 261 651 080
Internet address: www.4rblog.wp.mil.pl
Information exchange endpoint (URL): https://portal.smartpzp.pl/4rblog/public/postepowanie?postepowanie=65717567
Buyer profile: https://portal.smartpzp.pl/4rblog/public/postepowanie?postepowanie=65717567
Roles of this organisation: 
Buyer
Organisation providing additional information about the procurement procedure
Organisation receiving requests to participate
Organisation processing tenders
Organisation providing more information on the review procedures
8.1.
ORG-0002
Official name: Krajowa Izba Odwoławcza
Registration number: 5262239325
Postal address: ul. Postępu 17a
Town: Warszawa
Postcode: 02-676
Country subdivision (NUTS): Miasto Warszawa (PL911)
Country: Poland
Email: odwolania@uzp.gov.pl
Telephone: 22 458 78 01
Internet address: https://www.uzp.gov.pl/kio
Roles of this organisation: 
Review organisation
Notice information
Notice identifier/version: a410ea22-0cfa-4479-8185-44a7e1b49c7d  -  01
Form type: Competition
Notice type: Contract or concession notice – standard regime
Notice subtype: 18
Notice dispatch date: 15/04/2024 11:32:19 (UTC)
Languages in which this notice is officially available: Polish
Notice publication number: 224711-2024
OJ S issue number: 75/2024
Publication date: 16/04/2024