Terms of Reference
Delivery of Metering Infrastructure
Procedure no. __/__/AZU/000___/12
TERMS OF REFERENCE
public procurement procedure – utilities contract – conducted pursuant to the Act of 29 January 2004
entitled the Public Procurement Law, following the unlimited tender procedure, for:
delivery of Metering Infrastructure
to ENERGA – OPERATOR S.A.
Procedure no.:
P/_/AZU/000__/1_
CONTRACTING AUTHORITY:
ENERGA – OPERATOR S.A. with its registered office in Gdańsk
Gdańsk, ___.___.2012
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Delivery of Metering Infrastructure
Procedure no. P/_/AZU/000__/12
TABLE OF CONTENTS
SECTION I. DEFINITIONS ............................................................................................... 3
SECTION II. INFORMATION ON THE CONTRACTING AUTHORITY ......................................... 3
SECTION III. TYPE OF PROCEDURE. ................................................................................. 3
SECTION IV. PROCEDURE NO. ........................................................................................ 3
SECTION V. NOTICE ...................................................................................................... 4
SECTION VI. DESCRIPTION OF THE SUBJECT MATTER OF THE PROCUREMENT ORDER ........... 4
SECTION VII. INFORMATION ON PARTIAL BIDS, VARIANT BIDS AND SUPPLEMENTARY
ORDERS ....................................................................................................................... 4
SECTION VII. SUBCONTRACTORS. ................................................................................... 4
SECTION IX. PROCUREMENT ORDER PERFORMANCE DEADLINE .......................................... 4
SECTION X. INFORMATION ON THE METHOD OF COMMUNICATION BETWEEN THE
CONTRACTING AUTHORITY AND THE CONTRACTOR AND OF TRANSMITTING
REPRESENTATIONS AND DOCUMENTS ............................................................................. 4
SECTION XI. CONDITIONS OF PARTICIPATION IN THE PROCEDURE AND DESCRIPTION OF
HOW THEIR FULFILMENT WILL BE EVALUATED .................................................................. 5
SECTION XII. LIST OF REPRESENTATIONS AND DOCUMENTS TO BE PROVIDED BY
CONTRACTORS TO CONFIRM THAT THEY ARE NOT EXCLUDED FROM THE PROCEDURE AND
THEY MEET THE CONDITIONS FOR PARTICIPATION IN THE PROCEDURE AND THE
CONTRACTING AUTHORITY'S REQUIREMENTS .................................................................. 6
SECTION XIII. REQUIREMENTS FOR THE BID DEPOSIT. .................................................... 14
SECTION XIV. PROPOSAL VALIDITY PERIOD ................................................................... 15
SECTION XV. EXPLANATIONS OF THE ToR CONTENT AND ITS MODIFICATION .................... 15
SECTION XVI. DESCRIPTION OF THE BID PREPARATION METHOD ..................................... 15
SECTION XVII. PLACE AND DATE OF SUBMITTING AND OPENING THE BIDS ....................... 16
SECTION XVIII. DESCRIPTION OF PRICE CALCULATION METHOD ...................................... 16
SECTION XIX. DESCRIPTION OF THE BID EVALUATION CRITERIA ..................................... 17
SECTION XX. DESCRIPTION OF THE BID EVALUTION METHOD IN THE PROCEDURE ............. 18
SECTION XXI. SETTLEMENTS BETWEEN THE CONTRACTING AUTHORITY AND THE
CONTRACTOR ............................................................................................................. 21
SECTION XXII. REQUIREMENTS FOR THE GOOD PERFORMANCE BOND .............................. 22
SECTION XXIII. MODEL AGREEMENT, TERMS AND CONDITIONS FOR AMENDING THE
AGREEMENT ............................................................................................................... 22
SECTION XXIV. INFORMATION ABOUT LEGAL REMEDIES AVAILABLE TO THE CONTRACTOR IN
THE COURSE OF THE PROCEDURE ................................................................................. 22
APPENDICES. .............................................................................................................. 23
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SECTION I.
DEFINITIONS
1. The terms used hereinunder in the Terms of Reference mean:
1.1.
Bid
-
should be understood as a bid form along with a complete set of
documents, attachments, representations, the sample mentioned
in Section XII item 8.3, including the packaging, to be filed by the
Contractor in the course of the Procedure;
1.2.
Procedure
-
should be understood as this procedure aimed at entering into the
Agreement;
1.3.
Document Types
Regulation
-
should be understood as the Regulation issued by the Prime
Minister on 30 December 2009 on the types of documents that a
contracting authority may demand from a contractor and the forms
in which these documents may be submitted (Journal of Laws of
2009, No. 226, item 1817),
1.4.
ToR
-
should be understood as these Terms of Reference with Appendices
hereto;
1.5.
Agreement
-
should be understood as the agreement to be concluded after this
Procedure is resolved;
1.6.
Act
-
should be understood as the Act of 29 January 2004 entitled the
Public Procurement Law (consolidated text: Journal of Laws of
2010, No. 113, Item 759, as amended).
2. The terms not defined above should be understood in agreement with the definitions specified in the
Model Agreement which constitutes Appendix No. 1 to the ToR.
SECTION II.
INFORMATION ON THE CONTRACTING AUTHORITY
1. The Contracting Authority is ENERGA-OPERATOR S.A. with its registered office in Gdańsk.
1.1. National Court Register – Register of Entrepreneurs kept by the District Court for Gdańsk-North,
7th Economic Division of the National Court Register under file number KRS 0000033455;
1.2. NIP:583-000-11-90;
1.3. REGON: 190275904-00075;
1.4. Share capital of PLN 603,301,400.00 fully paid up;
1.5. Website: http://bip.energa-operator.pl;
1.6. E-mail: energa-operator@energa.pl;
1.7. Phone nos.: +48 58 347 38 00, +48 58 347 38 01, +48 58 347 38 02.
2. The procedure is organized and conducted by: ENERGA-OPERATOR S.A.
2.1. Mailing address: Gdańsk 80-870, ul. Reja 29;
2.2. E-mail of the contact person: stanislaw.hejna@energa.pl;
2.3. All the correspondence regarding the Procedure should be sent to the mailing address specified
above, using one of the methods of communication with Contractors permitted by the
Contracting Authority. The correspondence should state the name and number of the procedure,
which are stated on page one of the ToR.
SECTION III.
TYPE OF PROCEDURE
The procedure is conducted as an unlimited tender pursuant to Article 39 and subsequent articles of the
Act.
SECTION IV.
PROCEDURE NO.
1. The procedure to which this document refers has been assigned number P/_/AZU/000__/1_.
2. The Contractors must mention this procedure number in all the documents filed with the Contracting
Authority in relation to this Procedure.
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Delivery of Metering Infrastructure
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SECTION V.
NOTICE
1. The notice of the tender has been provided to the Publications Office of the European Union,
electronically and according to the form and procedures provided on the website specified in the
directive mentioned in Article 12 section 2 of the Act.
2. The notice of the tender was published on _______.2012 in the Official Journal of the European Union
under file number 2012/S_____.
SECTION VI.
DESCRIPTION OF THE SUBJECT MATTER OF THE PROCUREMENT ORDER
1. The subject matter of the procurement order is the delivery of the Metering Infrastructure to EnergaOperator S.A. in the Installation Area specified by the Contracting Authority in Appendix 4 to the
Model Agreement [Installation Area] (Model Agreement constitutes Appendix 1 to the ToR), to the
extent of and on the terms and conditions described in the Model Agreement (Model Agreement
constitutes Appendix to 1 to the ToR).
2. A detailed description of the subject matter of the order and the technical and quality requirements
are described in Appendix 3 to the Model Agreement [List and Description of deliverables]
3. The form of the Agreement constitutes Appendix 1 to the ToR [Model Agreement].
4. CPV codes:
Main code:
4.1.
38551000-2 Energy meters
Additional codes:
4.2.
48513000-7 Modem software packages
4.3.
72212513-8 Modem software development services
4.4.
4.5.
38554000-3 Electricity meters
4.6.
65500000-8 Meter reading service
4.7.
48610000-7 Database systems
4.8.
64216110-7 Electronic data exchange services
4.9.
32552410-4 Modems
SECTION VII.
INFORMATION ON PARTIAL BIDS, VARIANT BIDS AND SUPPLEMENTARY
ORDERS
1. The Contracting Authority does not permit the filing of partial bids.
2. The Contracting Authority does not permit the submission of any variant bids.
3. The Contracting Authority does not envisage granting supplementary orders.
SECTION VII.
SUBCONTRACTORS
In the Bid, the Contractor must specify the part of the procurement order that it will subcontract.
SECTION IX.
PROCUREMENT ORDER PERFORMANCE DEADLINE
The procurement should be performed:
–
in terms of deliveries of the Metering Infrastructure: in accordance with the Schedule set forth in
Appendix 8 to the Model Agreement [hereinunder the Schedule] and in particular the first batch
of deliveries should be executed up to ______ weeks after the signing of the Agreement and the
successive delivery batches) respectively from the _ month after delivery of the first batch up to_
months after delivery of the first batch,-
–
in terms of Workshop services: in the period of 4 (four) years after the date of the Agreement.
SECTION X.
INFORMATION ON THE METHOD OF COMMUNICATION BETWEEN THE
CONTRACTING AUTHORITY AND THE CONTRACTOR AND OF TRANSMITTING
REPRESENTATIONS AND DOCUMENTS
1. The procedure will be conduced in Polish.
2. In the course of the Procedure, Contracting Authority and the Contractors will transfer any
representations, requests, notifications and information in writing.
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3. The Contracting Authority allows the transmission of representations, requests, notifications and
information in the Proceedings by e-mail. If a representation, request or notification is transmitted by
e-mail then, upon request of the transferring Party, the other party will promptly acknowledge its
receipt.
4. In the Bid, the Contractor must specify its e-mail address that will be used for communication
between the Contractor and the Contracting Authority.
5. Any representations, requests, notifications and information will be transmitted by Contractors:
in writing – to the mailing ENERGA-OPERATOR S.A., Gdańsk 80-870, ul. Reja 29, with a note:
address:
"Procedure for the delivery of Metering Infrastructure to ENERGA
OPERATOR S.A. – case no.: P/_/AZU/000__/12”,
by e-mail to the following stanislaw.hejna@energa.pl, with the following note in the subject of
address:
the message: "Procedure for the delivery of Metering Infrastructure to
ENERGA OPERATOR S.A. – case no.: P/_/AZU/000__/12”.
6. In order to simplify communication, the Contracting Authority suggests that while transmitting any
representations, requests, notifications and information in writing or by e-mail, the Contractor
simultaneously sends their content by e-mail in an editable form compatible with MS Office. The above
does not apply to the submission of the Bid.
SECTION XI.
CONDITIONS OF PARTICIPATION IN THE PROCEDURE AND DESCRIPTION OF
HOW THEIR FULFILMENT WILL BE EVALUATED
1. The Procedure is open for the Contractors that meet the conditions relating to:
1.1. knowledge and experience related to the subject matter of the order and proportionate to the
subject matter of the order, i.e. if during the three years prior to the Bid submission deadline,
and if the period of operation is shorter - during that period, duly executed at least
1) one delivery with a net worth of at least PLN 1 million (one million) in which all of the following
were provided:
i)
ii)
delivery of electricity meters and concentrators,
delivery and installation of utility software used for the parameterization and reading of
electricity meters and concentrators,
iii) provision of technical consultation services concerning the use of the deliverables
described in items i) and ii),
- where the condition set out in item 1) may only be met by proving a single delivery which
met all the requirements specified above, including those in sub-items i)-iii); aggregating
smaller deliveries in order to meet the above requirements is not acceptable .
and
2) a single delivery or deliveries of at least 200,000 (two hundred thousand) electricity meters in
the period of 12 months,
- and with respect to the requirement described in item 2), the Contracting Authority permits
the aggregation of deliveries with volumes not exceeding 200,000 meters;
1.2. having personnel capable of performing the order (in addition to the Contractor submitting a
relevant representation, the Contracting Authority does not set any specific requirements in this
regard);
1.3. economic and financial standing:
1)
financial capacity - the Contractor must have the financial resources or credit capacity of
at least PLN 5 million (five million zloty);
2)
economic capacity:
i) The Contractor must have a liability insurance for its professional activity related to the
subject matter of the order in the amount of at least PLN 5 million (five million zloty);
ii) The Contractor must demonstrate a turnover of at least PLN 20 million (twenty million
zloty) per year over the last three financial years and if the period of operation is
shorter – during that period.
2. The Contracting Authority will evaluate whether the Contractors meet the conditions for taking part in
the Procedure based on the analysis of relevant documents and representations mentioned in Section
XII.
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SECTION XII.
LIST OF REPRESENTATIONS AND DOCUMENTS TO BE PROVIDED BY
CONTRACTORS TO CONFIRM THAT THEY ARE NOT EXCLUDED FROM THE
PROCEDURE AND THEY MEET THE CONDITIONS FOR PARTICIPATION IN THE
PROCEDURE AND THE CONTRACTING AUTHORITY'S REQUIREMENTS
1. Documents submitted by Contractors with their registered offices or places of residence in
the Republic of Poland – confirming that they are not subject to exclusion from the
Procedure under Article 24 sec. 1 of the Act
The documents listed and lined up with the respective requirements in the table below, must be
provided in order to confirm that the Contractor having its registered office or place of residence in the
Republic of Poland is not excluded from the Procedure under Article 24 sec. 1 of the Act.
Type of requirement for Contractors
Document to prove that the
requirement has been met
Grounds for excluding Contractors under Article 24 sec. 1 of the Act
1.
there are no grounds to exclude a Contractor from
the Procedure in the circumstances mentioned in
Article 24 sec. 1 of the Act;
2. no damage caused as a result of a failure to
perform an order or an improper performance of an
order, if the damage has been confirmed by a court
judgment, which became final in the 3 years before
the Procedure was initiated (Article 24 sec. 1 item 1
of the Act);
representation that there are no grounds
for exclusion (according to the model
constituting part of the Bid Form Appendix 2 to the ToR);
3. no termination of a public procurement contract
with the Contractor by a Contracting Authority and
no withdrawal from a public procurement contract,
due to circumstances for which the Contractor is
liable if the termination of or withdrawal from the
contract occurred in the period of 3 years before
the Procedure was initiated and the unfulfilled order
value was at least 5% of the contract value (Article
24 sec. 1 item 1a of the Act);
4.
no liquidation of the Contractor and no declaration
of Contractor's bankruptcy, with the exception of
the Contractors who, after bankruptcy, entered into
a composition approved by a final court decision,
provided that the composition does not provide for
the satisfaction of creditors through liquidation of
the bankrupt's assets (Article 24 sec. 1 item 2 of
the Act);
(a) current copy of the relevant register, if
separate
regulations
require
registration, issued not earlier than 6
months before the Bid submission
deadline;
5.
no arrears in the payment of taxes, except where
the Contractor has obtained an exemption, deferral,
installment arrangement for overdue payments or
full suspension of a decision of a competent
authority as prescribed by the law (Article 24 sec. 1
item 3 of the Act);
current certificate issued by the head of
the relevant tax office confirming that the
Contractor is not in arrears with the
payment of taxes, or a certificate that the
Contractor has obtained an exemption,
deferral, installment arrangement for
overdue payments or full suspension of
execution of a decision of a competent
authority as prescribed by the law –
issued no earlier than 3 months before
the Bid submission deadline;
6.
no arrears in the payment of social security or
health insurance contributions, except where the
Contractor has obtained an exemption, deferral,
installment arrangement for overdue payments or
full suspension of a decision of a competent
authority as prescribed by the law (Article 24 sec. 1
item 3 of the Act);
current certificate issued by the relevant
branch of the ZUS Social Security
Company or the KRUS Agricultural Social
Security Company duly confirming that
the Contractor is not in arrears with social
security or health insurance contributions,
or a certificate that the Contractor has
obtained
an
exemption,
deferral,
(b) for natural persons – a representation
relating to Article 24 sec. 1 item 2 of
the Act (according to the model
constituting part of the Bid Form Appendix 2 to the ToR);
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installment arrangement for overdue
payments or full suspension of execution
of a decision of a competent authority as
prescribed by the law – issued no earlier
than 3 months before the Bid submission
deadline;
7.
absence of the prerequisite under which the
following are excluded from the procedure (Article
24 sec. 1 items 4-8 of the Act):
(a) natural persons who have been convicted by a final
court decision for any offense committed in
connection with a procurement procedure, offense
against the rights of persons performing gainful
employment, environmental offense, bribery-related
offense, an offense against business transactions or
any other offense committed with a view to deriving
pecuniary gain, and for any fiscal offense or offense
involving participation in an organized group or
association aiming at committing an offense or fiscal
offense;
current information from the National
Criminal Register to the extent prescribed
by Article 24 sec. 1 items 4-8 of the Act –
issued no earlier than 6 months before
the Bid submission deadline;
(b) general partnerships of which a shareholder has
been convicted by a final court decision for any
offense committed in connection with a procurement
procedure, offense against the rights of persons
performing gainful employment, environmental
offense, bribery-related offense, an offense against
business transactions or any other offense
committed with a view to deriving pecuniary gain,
and for any fiscal offense or offense involving
participation in an organized group or association
aiming at committing an offense or fiscal offense;
(c) professional partnerships of which a shareholder or a
management board member has been convicted by
a final court decision for any offense committed in
connection with a procurement procedure, offense
against the rights of persons performing gainful
employment, environmental offense, bribery-related
offense, an offense against business transactions or
any other offense committed with a view to deriving
pecuniary gain, and for any fiscal offense or offense
involving participation in an organized group or
association aiming at committing an offense or fiscal
offense;
(d) limited partnerships and limited joint stock
partnerships of which the general partner has been
convicted by a final court decision for any offense
committed in connection with a procurement
procedure, offense against the rights of persons
performing gainful employment, environmental
offense, bribery-related offense, an offense against
business transactions or any other offense
committed with a view to deriving pecuniary gain,
and for any fiscal offense or offense involving
participation in an organized group or association
aiming at committing an offense or fiscal offense;
(e) legal persons of which a current member of the
managing body has been convicted by a final court
decision for any offense committed in connection
with a procurement procedure, offense against the
rights of persons performing gainful employment,
environmental offense, bribery-related offense, an
offense against business transactions or any other
offense committed with a view to deriving pecuniary
gain, and for any fiscal offense or offense involving
participation in an organized group or association
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aiming at committing an offense or fiscal offense;
8.
absence of the prerequisite which excludes from the
procedure the collective entities prohibited by the
court from competing for procurement orders based
on the regulations on liability of collective entities
for acts prohibited under penalty (Article 24 sec. 1
item 9 of the Act).
current information from the National
Criminal Register to the extent prescribed
by Article 24 sec. 1 items 4-8 of the Act –
issued no earlier than 6 months before
the Bid submission deadline – applies to
the Contractors who are collective entities
within the meaning of the Act of 28
October 2002 on liability of collective
entities for acts prohibited under penalty
(Journal of Laws No. 197, Item 1661, as
amended).
2. Documents filed by the Contractors having registered office in the Republic of Poland
concerning the persons referred to in Article 24 sec 1 items 5-8 of the Act, residing outside
of the Republic of Poland
This item concerns only the documents filed to confirm that the exclusion from the Procedure under
Article 24 sec. 1 items 5-8 of the Act does not apply. The requirement to submit documents described
in this item does not exclude the obligation to submit documents confirming the absence of grounds
for exclusion mentioned in the table in item 1.
In order to confirm the absence of grounds for exclusion mentioned in Article 24 sec. 1 items 5-8 of
the Act, the following must be submitted:
Type of requirement for Contractors
Document to prove that the
requirement has been met
Grounds for excluding Contractors under Article 24 sec. 1 items 5-8 of the Act
1. absence of the prerequisite under which the
following are excluded from the Procedure (Article 24
sec. 1 items 5-8 of the Act):
(a) general partnerships of which a shareholder has
been convicted by a final court decision for any
offense committed in connection with a procurement
procedure, offense against the rights of persons
performing gainful employment, environmental
offense, bribery-related offense, an offense against
business transactions or any other offense
committed with a view to deriving pecuniary gain,
and for any fiscal offense or offense involving
participation in an organized group or association
aiming at committing an offense or fiscal offense;
(b) professional partnerships of which a shareholder or
a management board member has been convicted
by a final court decision for any offense committed
in connection with a procurement procedure,
offense against the rights of persons performing
gainful
employment,
environmental
offense,
bribery-related offense, an offense against business
transactions or any other offense committed with a
view to deriving pecuniary gain, and for any fiscal
offense or offense involving participation in an
organized group or association aiming at
committing an offense or fiscal offense;
(a) a
certificate
issued
by
the
competent
juridical
or
administrative authority of the
country of residence concerning the
good behavior of those persons,
within the scope defined in Article
24 sec. 1 items 5-8 of the Act –
issued no earlier than 6 months
before the Bid submission deadline;
(b) if no such certificates are issued in
the place of residence of such
persons, they will be replaced by a
document
containing
a
representation confirmed by a
notary, an adequate juridical or
administrative
authority
or
a
professional or economic selfregulatory body of the place of
residence of such persons. The
document should be issued no
earlier than 6 months before the
Bid submission deadline.
(c) limited partnerships and limited joint stock
partnerships of which the general partner has been
convicted by a final court decision for any offense
committed in connection with a procurement
procedure, offense against the rights of persons
performing gainful employment, environmental
offense, bribery-related offense, an offense against
business transactions or any other offense
committed with a view to deriving pecuniary gain,
and for any fiscal offense or offense involving
participation in an organized group or association
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Type of requirement for Contractors
Document to prove that the
requirement has been met
aiming at committing an offense or fiscal offense;
(d) legal persons of which a current member of the
managing body has been convicted by a final court
decision for any offense committed in connection
with a procurement procedure, offense against the
rights of persons performing gainful employment,
environmental offense, bribery-related offense, an
offense against business transactions or any other
offense committed with a view to deriving
pecuniary gain, and for any fiscal offense or offense
involving participation in an organized group or
association aiming at committing an offense or
fiscal offense.
3. Documents submitted by Contractors with their registered offices or places of residence
outside of the Republic of Poland – confirming that they are not subject to exclusion from
the Procedure under Article 24 sec. 1 of the Act
The following must be submitted to confirm that the Contractor having its registered office or place of
residence outside of the Republic of Poland is not excluded from the Procedure under Article 24 sec. 1
of the Act:
Type of requirement for Contractors
Document to prove that the
requirement has been met
Grounds for excluding Contractors under Article 24 sec. 1 of the Act
1. there are no grounds to exclude a Contractor from
the Procedure in the circumstances mentioned in
Article 24 sec. 1 of the Act;
representation that there are no grounds
for exclusion (according to the model
constituting part of the Bid Form Appendix 2 to the ToR);
2. no liquidation of the Contractor and no declaration of
Contractor's bankruptcy, with the exception of the
Contractors who, after bankruptcy, entered into a
composition approved by a final court decision,
provided that the composition does not provide for
the satisfaction of creditors through liquidation of the
bankrupt's assets (Article 24 sec. 1 item 2 of the
Act);
a document or documents issued in the
country where the Contractor has its
registered office or a place of residence,
confirming that no liquidation has been
opened and no bankruptcy declared,
issued not earlier than 6 months before
the expiry of the deadline for the
submission of tenders;
3. no arrears in the payment of taxes, except where the
they have obtained an exemption, deferral,
installment arrangement for overdue payments or
full suspension of a decision of a competent authority
as prescribed by the law (Article 24 sec. 1 item 3 of
the Act);
a document or documents issued in the
country where the Contractor has its
registered offices or a place of
residence,
confirming
that
the
Contractor is not in arrears with the
payment of taxes or that it has obtained
an exemption, deferral, installment
arrangement for overdue payments or
full suspension of execution of a decision
of a competent authority – issued no
earlier than 3 months before the Bid
submission deadline;
4. no arrears in the payment of social security or health
insurance fees or contributions, except where they
have obtained an exemption, deferral, installment
arrangement
for
overdue
payments
or
full
suspension of a decision of a competent authority as
prescribed by the law (Article 24 sec. 1 item 3 of the
Act);
a document or documents issued in the
country where the Contractor has its
registered offices or a place of
residence,
confirming
that
the
Contractor is not in arrears with social
security
or
health
insurance
contributions or that it has obtained an
exemption,
deferral,
installment
arrangement for overdue payments or
full suspension of execution of a decision
of a competent authority – issued no
earlier than 3 months before the Bid
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submission deadline;
5. absence of the prerequisite under which the following
are excluded from the procedure (Article 24 sec. 1
items 4-8 of the Act):
(a) natural persons who have been convicted by a final
court decision for any offense committed in
connection with a procurement procedure, offense
against the rights of persons performing gainful
employment, environmental offense, briberyrelated offense, an offense against business
transactions or any other offense committed with a
view to deriving pecuniary gain, and for any fiscal
offense or offense involving participation in an
organized
group
or association
aiming
at
committing an offense or fiscal offense;
a certificate issued by the competent
juridical or administrative authority of
the country of registration or residence
of the person to whom the documents
apply, within the scope specified in
Article 24 sec. 1 items 4-8 of the Act –
issued no earlier than 6 months before
the Bid submission deadline;
(b) general partnerships of which a shareholder has
been convicted by a final court decision for any
offense
committed
in
connection
with
a
procurement procedure, offense against the rights
of persons performing gainful employment,
environmental offense, bribery-related offense, an
offense against business transactions or any other
offense committed with a view to deriving
pecuniary gain, and for any fiscal offense or offense
involving participation in an organized group or
association aiming at committing an offense or
fiscal offense;
(c) professional partnerships of which a shareholder or
a management board member has been convicted
by a final court decision for any offense committed
in connection with a procurement procedure,
offense against the rights of persons performing
gainful
employment,
environmental
offense,
bribery-related offense, an offense against business
transactions or any other offense committed with a
view to deriving pecuniary gain, and for any fiscal
offense or offense involving participation in an
organized
group
or association
aiming
at
committing an offense or fiscal offense;
(d) limited partnerships and limited joint stock
partnerships of which the general partner has been
convicted by a final court decision for any offense
committed in connection with a procurement
procedure, offense against the rights of persons
performing gainful employment, environmental
offense, bribery-related offense, an offense against
business transactions or any other offense
committed with a view to deriving pecuniary gain,
and for any fiscal offense or offense involving
participation in an organized group or association
aiming at committing an offense or fiscal offense;
(e) legal persons of which a current member of the
managing body has been convicted by a final court
decision for any offense committed in connection
with a procurement procedure, offense against the
rights of persons performing gainful employment,
environmental offense, bribery-related offense, an
offense against business transactions or any other
offense committed with a view to deriving
pecuniary gain, and for any fiscal offense or offense
involving participation in an organized group or
association aiming at committing an offense or
fiscal offense;
6. absence of the prerequisite which excludes from the
a document or documents issued no
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procedure the collective entities prohibited by the
court from competing for procurement orders based
on the regulations on liability of collective entities for
acts prohibited under penalty (Article 24 sec. 1 item
9 of the Act).
earlier than 6 months before the Bid
submission deadline in the country
where the Contractor has registered
office or place of residence, confirming
that
no
prohibition
to
pursue
procurement orders has been issued
against the Contractor.
If in the place of residence of a person or in the country where the Contractor has its registered
office or place of residence, the documents mentioned in this table are not issued, they will be
substituted with a document containing a representation made before a notary, a competent
juridical or administrative authority or a professional or economic self-regulatory body of,
respectively, the place of residence or the country where the Contractor has its registered office or
place of residence. The issue date of such a document should correspond to the dates specified in
this table.
In case of doubt as to the contents of any document submitted by a Contractor having its registered
office or place of residence outside the territory of the Republic of Poland, the Employer may
request the pertinent authorities of the place of residence of the relevant person or the country in
which the Contractor has its registered office or place of residence to provide necessary information
on such submitted document.
4. Documents required to confirm that the Contractor meets the conditions for participation in
the Procedure and to confirm that services and deliveries offered meet the Contracting
Authority's requirements
In order to confirm that the Contractor meets the conditions for participation in the Procedure, the
following must be submitted:
Type of condition for Contractors
Document to prove that the
condition has been met
Conditions mentioned in Article 22 sec. 1. of the Act
1) knowledge and experience related to the subject
matter of the order and proportionate to the subject
matter of the order, i.e. execution of the following in
the period of three years prior to the Bid submission
deadline, and if the period of operation is shorter during that period:
a) one delivery with a net worth of at least PLN 1
million (one million) in which the following were
provided:
i) delivery
of
concentrators,
electricity
meters
and
ii) delivery and installation of utility software
used for the parameterization and reading of
electricity meters and concentrators,
(a) the list of deliveries made, as
required to demonstrate that the
condition concerning knowledge
and experience in the period of 3
years before the Bid submission
deadline has been satisfied, or, if
the period of the Contractor’s
business activity is shorter, then
during such a period, stating the
value, subject matter, completion
dates and buyers (according to the
model constituting part of the Bid
Form – Appendix 2 to the ToR);
(b) documents confirming that the
deliveries have been duly made;
iii) provision of technical consultation services
concerning the use of the
described in items i) and ii)
deliverables
and
b) a delivery or deliveries of at least 200,000 (two
hundred thousand) electricity meters in the
period of 12 months;
2) having at its disposal the people capable of
executing the procurement order (Article 22 sec. 1
item 3 of the Act);
Contractor's representation constituting
part of the Bid Form – Appendix 2 to
the ToR;
3) economic and financial standing (Article 22 sec. 1
item 4 of the Act):
a) financial capacity:
the Contractor must have the financial resources
or credit capacity of at least PLN 5 million (five
information from a bank or
cooperative savings and loans
which the Contractor keeps its
confirming the amount of
from a
union in
account,
financial
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million zloty);
resources held by the Contractor or its
credit capacity – issued no earlier than
3 months before the Bid submission
deadline.
b) economic capacity:
i) The Contractor must have a liability
insurance for its professional activity related
to the subject matter of the order in the
amount of at least PLN 5 million (five million
zloty);
paid policy, and in case of its absence,
other document confirming that the
Contractor holds liability insurance
pertaining to its activity related to the
subject matter of the procurement
order.
ii) The Contractor must demonstrate a turnover
of at least PLN 20 million (twenty million
zloty) per year over the last three financial
years and if the period of operation is shorter
– during that period.
profit and loss account or, if the
financial statements are audited by a
chartered auditor in accordance with
the accountancy law, also the opinion
about the profit and loss account or, in
the case of contractors that are not
obligated
to
prepare
financial
statements,
other
documents
specifying the turnover and the
liabilities and receivables – for the
period of the last three financial years,
or if the period of business activity is
shorter then for that period.
5. The Contractor must submit a written representation that it meets the conditions of participation in
the Procedure, according to the model constituting part of the Bid Form – Appendix 2 to the ToR.
Contractors jointly participating in the Procedure must submit a written representation that all the
Contractors jointly meet the conditions of participation in the Procedure, according to the model
constituting part of the Bid Form – Appendix 2 to the ToR. Each of the Contractors jointly participating
in the Procedure must submit a representation that there are no grounds for excluding the Contractor
from the Procedure, according to the model constituting part of the Bid Form – Appendix 2 to the ToR.
6. If the Contractor, following the principles set forth in Article 26 sec. 2b of the Act, while demonstrating
that it meets the conditions for participating in the Procedure, relies on the knowledge and experience
and on the persons capable of performing the procurement order or financial capacity of other
entities, regardless of the legal relationship between them, then in such a situation the Contractor
must prove to the Contracting Authority that it will have at its disposal the resources necessary to
execute the procurement order, in particular by presenting a written undertaking of those entities to
provide the necessary resources to the Contractor for the period of using them for the execution of the
procurement order (according to the model constituting part of the Bid Form – Appendix _ to the
ToR). If the Contractor, while demonstrating that it meets the condition for participation in the
procedure concerning the Contractor's financial capacity, relies on the financial capacity of other
entities following the principles set forth in Article 26 sec. 2b of the Act, it is required that it submits
information from a bank or from a cooperative savings and loans union in which the other entity keeps
its account, confirming the amount of financial resources held by that entity or its credit capacity –
issued no earlier than 3 months before the Bid submission deadline.
7. If the documents mentioned in this Section contain amounts expressed in foreign currencies then the
Contracting Authority will convert them into Polish zloty using the average NBP exchange rate in
effect, respectively, on the date of:

completion of the delivery;

issue of information;

issue of the policy;

reparation of financial statements.
8. In order to confirm that the deliveries and services offered conform to the requirements
specified by the Contracting Authority, the Contractor must attach the following to the Bid:
8.1. PRIME Alliance certificate (PRIME - PoweRline Intelligent Metering Evolution) and the Contractors
whose offered devices have no such certificate should attach a representation of the
manufacturer or the Contractor confirming that the devices offered conform with the PRIME
specification constituting item III of Appendix 3 to the Model Agreement [List and Description of
Deliverables] (Model Agreement constitutes Appendix 1 to the ToR) for:
a) 1-phase meter described in Appendix 3 to the Model Agreement [List and Description of
Deliverables] (Model Agreement constitutes as Appendix 1 to the ToR),
b) 3-phase meter described in Appendix 3 to the Model Agreement [List and Description of
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Deliverables] (Model Agreement constitutes as Appendix 1 to the ToR),
8.2. representation of the manufacturer or the Contractor – confirming that the offered Concentrator
and Balancing Meter Sets conform with the PRIME specification constituting item III of Appendix 3
to the Model Agreement [List and Description of Deliverables] (Model Agreement constitutes
Appendix 1 to the ToR) for Concentrator and Balancing Meter Sets described in item VII of
Appendix 3 to the Model Agreement [List and Description of Deliverables] (Model Agreement
constitutes as Appendix 1 to the ToR);
8.3. a sample in the form of two identical copies of each offered:
a) 1-phase meter,
b) 3-phase meter,
c) Concentrator and Balancing Meter Set (a device which performs functions of a balancing meter
and a Concentrator).
The sample must be prepared as follows:
1)
The sample must include the devices mentioned above and:
a) testing and diagnostic software to support all the devices (the Contracting Authority
permits a separate testing and diagnostic software to be delivered for respective device
types),
b) technical documentation and user manuals for devices of each type, peripherals needed
for each technology, such as photo-electric couplings, dongles, license keys or other
essential devices or components guaranteeing seamless communication between the
devices and achievement of the objective referred to in item 4) - individually by
Contracting Authority's representatives. This requirement does not include power supply
cables to connect the devices with the 230V network.
2)
testing and diagnostic software for the devices must allow the Contracting Authority to use
the software during the entire course of the Procedure: no less than 150 days, in accordance
with the distribution policy of the software developer or distributor (licenses, sublicenses, use
of software medium, open source licenses, etc.) and the software must be available for
operation on the Contracting Authority's computers with the Windows 7 operating system,
3)
testing and diagnostic software (including user interfaces), technical documentation and user
manuals must be in Polish,
4)
the whole sample described in item 1) must support testing, diagnostics and
parameterization of the devices constituting the sample and execution of the examination
within the scope described in Section XIX item II of the ToR,
5)
the following registers with the items stated below, described in accordance with the OBIS
code, must be configured in all the devices constituting the sample:
6)
Register
Requirement/value
C.1.0
ID no.
1.8.0
E:Input-active.Energy.Profile of
counter states.
1.8.1
E: Input-active.Energy.1-strefa
Any value >0
1.8.2
E: Input-active.Energy.2-strefa
Any value >0
1.8.3
E: Input-active.Energy.3-strefa
Any value >0
1.6.0
E: Input-active.Pmax.round-the-clock
Any value >0
0.9.1
Current time
Current time
0.9.2
Current date
Current date
0.2.2.
Tariff
The register should contain data
(samples from 63 days while ensuring a
15-minute profile)
C12a
all the devices constituting the sample must be parameterized in such a way that the
following is possible when using the testing and diagnostic software:

reading of registers prepared according to item 5) above and

change of parameters described in points 0.9.1; 0.9.2; 0.2.2 of the table in item 5)
above,

7)
OBIS
code
give the "disengage" command and the "engage" command.
the devices do not need to be certified or hold a MID certificate, and do not have to meet
the requirements described in the document: "Communication standard between the AMI
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Application and the Metering Infrastructure" referred to in item IV of Appendix 3 to the
Model Agreement [List and Description of Deliverables] and the requirements described in
item V, sub-item 6 of Appendix 3 to the Model Agreement [List and Description of
Deliverables]
After being delivered, the sample will be tested to check whether the devices offered meet to the
requirements specified by the Contracting Authority. All the components of the sample should be
prepared in such a way that enables the examination as described in Section XIX of the ToR.
The complete sample should be submitted along with the Bid in room 106 (mailing office) in the
Energy Management Center [Centrum Zarządzania Energią] building at 80-870 Gdańsk, ul. Reja 29.
All the components of the sample (excluding the testing and diagnostic equipment) should be
packaged together, secured against opening (packaged and sealed) and marked with the Contractor's
name and the number of the Procedure (which should be accessible without the need to open the
sample itself). Testing and diagnostic software should be provided on a CD-rom or a DVD-rom. The
data medium should be packed in a closed envelope separated from the rest of the sample, sealed
and marked with the Contractor's name and the number of the Procedure (which should be accessible
without the need to open the sample itself). The sample and the envelope with testing and diagnostic
software will be publicly opened when the bids are opened.
9. In the event the Contractor makes an effective disclaimer that the delivered sample is the Contractor's
corporate secret, access to the sample for other people (including other Contractors) will be limited to
the moment when the bids (and samples) are opened when such persons will be able to determine
that the Contractor has actually delivered the sample and how it looks on the outside.
10.
If the devices delivered are the "dual-use goods" referred to in Article 21a-21c of the Act of 29
November 2000 on foreign trade in goods, technologies and services of strategic importance to
national security and to the maintenance of international peace and security (consolidated text:
Journal of Laws of 2004, No. 229 Item 2315, as amended) and the Prime Minister's regulation of 15
September 2004 on the application form to report the intention to import dual-use goods (Journal of
Laws of 2004, No. 208 Item 2119), at the written request of the Contractor, the Contracting Authority
will provide a written representation according to the model constituting Appendix 3 to these ToR.
11.
The representations and documents not listed in the Document Types Regulation are attached to
the Bid as an original or a copy certified for compliance with the original by the Contractor.
SECTION XIII.
REQUIREMENTS FOR THE BID DEPOSIT
1. A Contractor submitting a Bid is obligated to make, before the elapse of the bid submission deadline, a
bid deposit of PLN 2,000,000 (two million).
2. The bid deposit may be made:
2.1. in cash: by transfer to the Contracting Authority’s bank account number 05 1240 6292 1111
0010 3648 1593, with a note “Bid deposit – procedure for delivery of Metering Infrastructure P/_/AZU/000__/12”;
2.2. in other forms:
a) bank sureties or sureties issued by credit unions, the latter necessarily being cash sureties;
b) bank guarantees;
c)
insurance bonds;
d) sureties granted by entities referred to in art. 6b sec. 5 item 2) of the Act of 9 November
2000 on the establishment of the Polish Agency for Enterprise Development (Journal of Laws
No. 109 Item 1158, as amended),
considering, however, that if the bid deposit is made in a non-pecuniary form, the original document
of surety or guarantee should be delivered to the Contracting Authority to room no. 106
(administrative office) in the building of Centrum Zarządzania Energią, Gdańsk 80-870, ul. Reja 29
until the elapse of the bid submission deadline.
3. In the case of a bid deposit made in cash, the date of crediting the Contracting Authority’s bank
account will be regarded as the date of the deposit payment.
4. The surety or guarantee provided as a bid deposit must be unconditional and irrevocable, payable at
each demand of the Contracting Authority and must cover liability for all the cases resulting in a loss
of the bid deposit by the Contractor as defined in art. 46 sec. 4a and 5 of the Act, and be valid for the
entire bid validity period as defined in ToR.
5. The Contracting Authority will return bid deposits to all the Contractors immediately after selecting the
most favorable bid or canceling the Procedure, apart from the Contractor whose Bid has been found to
be the most favorable, to whom the Contracting Authority will return the bid deposit immediately after
concluding the Agreement.
6. If the bid deposit is made in cash, the Contracting Authority will return it together with the interest
resulting from the bank account agreement for the account in which it was kept, decreased by the
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account maintenance costs and the bank’s commission for the transfer of cash to the Contractor’s
account.
7. The Contracting Authority will retain the bid deposit together with the interest if the Contractor in
reply to the summons referred to in art. 26 sec. 3 of the Act failed to submit the documents or
representations referred to in art. 25 sec. 1 of the Act, or powers-of-attorney, unless the Contractor
proves that the failure resulted from reasons not attributable to it.
8. The Contractor whose Bid has been selected will lose its bid deposit in favor of the Contracting
Authority together with the interest if:
8.1. the Contractor refuses to sign the Agreement on conditions specified in the Bid;
8.2. the Contractor has failed to provide the required good performance bond for the Agreement;
8.3. it becomes impossible to conclude the Agreement for reasons attributable to the Contractor.
9. If the Bid is withdrawn before the elapse of the bid submission deadline, this does not cause a Bidder
to lose its bid deposit.
SECTION XIV.
PROPOSAL VALIDITY PERIOD
1. The Bidder is bound by its bid for the period of 90 days.
2. The bid validity term begins as soon as the bid submission deadline elapses.
3. The Contractor may, on its own or at a request of the Contracting Authority, extend the bid validity
term, with the restriction that the Contracting Authority may only once, at least 3 days before the
elapse of the bid validity term, ask Contractors to give consent to extend the term for a specified
period, not longer, however, than 60 days.
4. An extension of the bid validity term is acceptable only with a simultaneous extension of the bid
deposit validity term or, if this is impossible, with making a new bid deposit for the extended bid
validity term. If the bid validity term is extended after providing the Contractors with information
about the Contractor whose Bid has been decided to be the most favorable, the duty to extend the
bid deposit or make a new one will only concern the Contractor whose Bid has been decided to be the
most favorable.
SECTION XV.
EXPLANATIONS OF THE ToR CONTENT AND ITS MODIFICATION
1. During the Procedure, the Contractor may ask the Contracting Authority to provide explanations about
the ToR content. The Contracting Authority will provide the explanations immediately, but not later
than 6 days before the bid submission deadline, provided that the request to explain the ToR content
was received by the Contracting Authority not later than by the end of the day on which half of the set
bid submission deadline elapses.
2. An extension of the bid submission deadline does not affect the course of the period for submitting a
request for explanation of the ToR content.
3. If a request for explanation of the ToR content was received after the elapse of the period for
submitting the request as referred to in item 1 or concerns explanations provided, the Contracting
Authority may provide further explanations or leave the request not reviewed.
4. The Contracting Authority will provide the content of requests with explanations to all the Contractors
to whom ToR have been provided. The Contracting Authority will not disclose the authors of the
requests.
5. In justified cases, the Contracting Authority may, before the elapse of the bid submission deadline,
modify the content of ToR. The modification of ToR will be provided by the Contracting Authority
immediately to all the Contractors to whom ToR have been provided.
6. If additional time is needed to introduce changes to Bids as a result of a modification in the content of
ToR, the Contracting Authority will extend the bid submission deadline, informing about it all the
Contractors to whom ToR have been provided.
SECTION XVI.
DESCRIPTION OF THE BID PREPARATION METHOD.
1. A Contractor may submit only one Bid. If a Contractor submits more than one Bid, all the Bids
submitted by the Contractor will be rejected.
2. The Bid must be signed by a person authorized to represent the Contractor pursuant to the entry to
the appropriate register or a person to whom a power-of-attorney has been granted by authorized
persons. If a Contractor is represented by a proxy, the Bid will be appended with the original or a copy
of the power-of-attorney signed by a person authorized to represent the Contractor. If some changes
have been made to the composition of the management board or the rules for representing the
Contractor as compared to the extract from the National Court Register (KRS) attached to the Bid, the
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Contractor is obligated to attach to the Bid also other documents confirming the authorization of the
person signing the Bid to represent the Contractor.
3. Contractors participating jointly in the Procedure are obligated to appoint a proxy to represent them in
the Procedure or to represent them in the Procedure and conclude the Agreement, and are obligated
to present with the Bid the original power-of-attorney or a copy of it certified by a notary.
4. To prepare a Bid, it is recommended to use the Bid form which constitutes Appendix 2 to the ToR.
5. The Procedure is conducted in Polish. The Contracting Authority does not give consent to submitting a
Bid, representations or other required documents in a language other than Polish.
6. The Bid should be submitted in 2 copies – the first, in hard copy, marked as “THE ORIGINAL” and
wire-bound, and the second, marked as “A COPY”, in electronic form (on a CD or DVD), containing
faithful color scanned images of the original. In both copies of the Bid, separate sections should be
found marked as company secret; in the original, these sections should be separately wire-bound and
in the copy, they should be on a separate data carrier. While verifying and evaluating the Contractor’s
Bid, the Contracting Authority will take into consideration the substantive content of the two copies of
the Bid, but if there are any discrepancies between the original and the copy of the Bid, the original
will prevail.
7. The Bid preparation manner with regard to a sample has been described in Section XII item 8.3. of
ToR.
8. Subject to art. 93 sec. 4 of the Act, the Contractor will incur all the costs connected with preparing
and submitting the Bid. The Contracting Authority does not plan to return costs of the participation in
the Procedure.
SECTION XVII.
PLACE AND DATE OF SUBMITTING AND OPENING THE BIDS.
1. Bids should be submitted in the Centrum Zarządzania Energią building, Gdańsk 80-870, ul. Reja 29,
room no. 106 (administrative office), by ______ by 10:00.
2. Bids will be opened in public in the Centrum Zarządzania Energią building, Gdańsk 80-870, ul. Reja
29, room no. 233, on the date of the bid submission deadline at 11:00.
3. A Bid submitted after the deadline will be returned by the Contracting Authority unopened, after the
elapse of the term provided for bringing an appeal.
SECTION XVIII.
DESCRIPTION OF PRICE CALCULATION METHOD.
1. The Contractor will indicate in the price table found in the Bid’s form:
1.1. for a single-phase meter with communication interface:
a) unit net price;
b) VAT rate;
c) VAT amount;
d) unit gross price,
e) total net price of all the offered meters with communication interfaces calculated as the
product of the meter’s unit net price and the number of these meters as indicated in Appendix
3 to the Model Agreement [List and Description of Deliverables];
f) total gross price of all the offered meters with communication interfaces calculated as the
product of the meter’s unit gross price and the number of these meters as indicated in
Appendix 3 to the Model Agreement [List and Description of Deliverables];
1.2. for a three-phase direct meter with communication interface:
a) unit net price;
b) VAT rate;
c) VAT amount;
d) unit gross price;
e) total net price of all the offered meters with communication interfaces calculated as the
product of the meter’s unit net price and the number of these meters as indicated in Appendix
3 to the Model Agreement [List and Description of Deliverables];
f) total gross price of all the offered meters with communication interfaces calculated as the
product of the meter’s unit gross price and the number of these meters as indicated in
Appendix 3 to the Model Agreement [List and Description of Deliverables];
1.3. for Concentrator and Balancing Meter Sets, the Contractor will indicate:
a) unit net price;
b) VAT rate;
c) VAT amount;
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d) unit gross price;
e) total net price of all the offered Concentrator and Balancing Meter Sets calculated as the
product of a Concentrator and Balancing Meter Set’s unit net price and the number of these
Concentrator and Balancing Meter Sets as indicated in Appendix no. 3 to the Model Agreement
[List and Description of Deliverables];
f) total gross price of all the offered Concentrator and Balancing Meter Sets calculated as the
product of a Concentrator and Balancing Meter Set’s unit gross price and the number of these
Concentrator and Balancing Meter Sets as indicated in Appendix no. 3 to the Model Agreement
[List and Description of Deliverables].
1.4. for a Workshop (per each Workshop Completion Certificate issued for a participant) as referred to
in the Model Agreement constituting Appendix no. 1 to ToR:
a) unit net price;
b) VAT rate;
c)
VAT amount;
d) unit gross price;
e) total net price of all the offered Workshops calculated as the product of a Workshop’s unit net
price and the number of these Workshops as indicated in Appendix no. 3 to the Model
Agreement [List and Description of Deliverables];
f)
total gross price of all the offered Workshops calculated as the product of a Workshop’s unit
gross price and the number of these Workshops as indicated in Appendix no. 3 to the Model
Agreement [List and Description of Deliverables].
g) The unit price for a Workshop should take into account the total value of the Contractor’s
services needed to train one training participant to such an extent that the participant is
entitled to receive a Workshop Completion Certificate.
2. In appropriate line items of the price table from the Bid Form, the Contractors should give the Bid’s
total gross and net price, resulting from adding the total net and gross prices of all the price
elements.
3. The unit net and gross prices and the VAT amount should be given to a precision of 2 significant
digits.
4. Settlements between the Contracting Authority and the Contractor will be made in PLN.
5. If regulations regarding VAT rate are amended as compared to these binding at the date of
submitting the Bids, the unit net price will remain unchanged for the entire Agreement term, while
the unit gross price will be adjusted by the Parties appropriately to the amended provisions of tax
law.
6. Bids not rejected by the Contracting Authority will be evaluated on the basis of the Bid evaluation
criteria specified below.
SECTION XIX.
DESCRIPTION OF THE BID EVALUATION CRITERIA
1. Bids will be evaluated on the basis of the criterion of the Bid’s total gross price – the weight of 100%.
2. The total score granted the given Bid will equal the score obtained by the Bid and defined by the
following formula:
P = PCmin / PC x 100
where:
P
– the score granted the evaluated Bid within the criterion of the Bid’s total gross price.
PCmin
-
the lowest total gross price of a Bid among the valid and evaluable Bids.
PC
-
the Bid’s total gross price offered in the evaluated Bid.
3. The Contractor may, before the elapse of the bid submission deadline, change or withdraw its Bid. The
Contracting Authority will immediately inform the Contractor about submitting the Bid after the
deadline and – if it is possible to bring an appeal against this action – return the Bid after the elapse
of the deadline for bringing an appeal.
4. The course of the bid validity term will be suspended when an appeal is made after the bid submission
deadline in accordance with the rules defined in art. 182 sec. 6 of the Act.
5. The content of the Bids will be inaccessible before the date of opening them. The opening of the Bids
will be public and will immediately follow the elapse of the bid submission deadline; the day in which
the bid submission deadline elapses will be the date of opening the Bids.
6. Directly before opening the Bids, the Contracting Authority will announce the amount that it intends to
earmark for financing the order and during the opening of the Bids it will give the Contractors’ (brand)
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names and addresses as well as information about the price and the order performance period, the
guarantee period and payment terms included in the Bids.
7. The above information will be provided immediately to the Contractors not present when the Bids
were being opened, at their request.
SECTION XX.
DESCRIPTION OF THE BID EVALUTION METHOD IN THE PROCEDURE
I. FORMAL VERIFICATION
1. In the course of reviewing and evaluating the Bids, the Contracting Authority may require from the
Contractors to provide explanations about the content of the submitted Bids. It is unacceptable to hold
negotiations between the Contracting Authority and a Contractor about the submitted Bid and, subject
to the provisions below, to make any changes in the Bid.
2. The Contracting Authority will correct in a Bid:
2.1.
obvious typing errors,
2.2.
obvious arithmetic errors, taking into account the arithmetic consequences of the corrections,
2.3.
other mistakes involving discrepancies between the Bid with the terms of reference not
resulting in any material changes to the content of the Bid,
- immediately informing the Contractor whose Bid has been corrected about the corrections made.
3. The Contracting Authority will verify submitted Bids to judge whether there are any reasons to reject
the Bid as defined in art. 89 of the Act.
4. The Contracting Authority will verify whether the devices offered by the Contractor have the
functionalities, quality and technical parameters defined by the Contracting Authority in the terms of
reference, during tests of samples to be conducted in accordance with the rules described below.
II. OPERATIONAL TESTS OF SAMPLES
General Principles
1. The Contracting Authority will verify whether the devices offered by the Contractor have the
functionalities, quality and technical parameters during tests of samples to be conducted by the
Contracting Authority’s qualified staff.
2. Operational tests of samples will be conducted at a place indicated by the Contracting Authority in the
territory of Poland.
3. Operational tests of samples of particular Contractors will be conducted in the order of Bid submission.
The Contractors will be informed about the date and time and the precise place of the tests be e-mails
sent to the addresses indicated in their Bids. The first tests will take place on the third business day
counting from the date of opening the Bids at the earliest (for the needs of testing the samples,
Saturday is not regarded as a business day).
4. Each test of a sample will be conducted during a one-day session lasting, according to our estimates,
from 2 to 8 hours. The tests will be conducted on business days.
5. A Contractor may request to change the time or the date and time of the test set by the Contracting
Authority before the elapse of the date and time set only if there occur circumstances making it
impossible for the Contractor’s representatives to participate in the test as a result of an event
independent of the Contractor on which it had no control and which it could not prevent or counteract
(force majeure). The Contractor is obligated to notify the Contracting Authority immediately about the
occurrence of the force majeure, presenting evidence for its existence and its nature. The request to
change the (date and) time of the test is not binding for the Contracting Authority, who is not
obligated to grant it. If a request is granted, the original order of the tests of samples will remain
unchanged, which means that the dates and times of all the later tests will be accordingly delayed, of
which the Contracting Authority will notify the Contractors.
6. The testing and diagnostic software provided by the Contractor will be installed by the Contracting
Authority on the computer selected for testing samples before the test. The Contractor is obligated to
provide any explanations about the testing and diagnostic software during the test of the sample.
7. Operational tests of samples are public unless the Contractor has made a reservation in its Bid that
the sample is a company secret. If there is such a reservation, the test of the sample may be attended
exclusively by representatives of the Contractor who provided the sample and representatives of the
Contracting Authority. If there is no such reservation, the test of the sample may be attended by
representatives of other Contractors and other persons but, considering spatial and organizational
limitations, not more than 2 representatives of a Contractor. Representatives of other Contractors and
other persons take only a passive part in the test of a sample – they may only observe the actions,
they cannot ask questions, touch devices, record the demonstration or the test (apart from taking
notes) or influence in any way its course.
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8. The course of the test of each sample will be recorded by the Contracting Authority. A Contractor may
not record the course of the test (except for taking notes). The Contractor (and also other persons if
the sample is not reserved as a company secret) will be able to familiarize themselves with the record
according to the rules of access to a report of the Procedure.
9. Persons participating in a test on behalf of Contractors must hold powers-of-attorney to represent the
Contractor or other Contractors (if they are permitted to participate in these operations in accordance
with the rules described above) at least in the scope of taking part in the test. The Contracting
Authority will verify the content of the powers-of-attorney and the identities of the persons
participating in these operations before they are allowed to enter the room.
Conducting the tests
1. The model single- and three-phase meters included in the sample will be tested as follows:
1.1. The Contracting Authority will connect a selected meter, both single- and three-phase one, to one
of the Concentrator and Balancing Meter Sets included in the sample and then, using the testing
and diagnostic software, will perform the following operations through the Concentrator and
Balancing Meter Set:
Ite
m
Operation
Expected result
1.
Sending a command for metering data from
the registers described in the table from
Section XII item 8.3. sub-item 5) of ToR.
All the data from all the registers have
been transferred.
2.
Sending
a
command
for
changing
parameters described in items 0.9.1; 0.9.2;
0.2.2 of the table from Section XII item
8.3. sub-item 5) of ToR.
Parameters have been changed according
to the request.
3.
Sending
a
“switch
off”
Verification of the meter status.
command.
The switch status – off.
4.
Sending
a
“switch
on”
Verification of the meter status.
command.
The switch status – on.
1.2. After completing the tests of single- and three-phase meters connected to the Concentrator and
Balancing Meter Set delivered by the Contractor as part of the sample, the Contracting Authority
will repeat the test in the scope described in item 1.1 sub-tem 1 with the use of concentrators
compliant with PRIME:
a) concentrator made by Current, model CURRENT 9253 MPA,
b) concentrator made by ZIV, model 4CCT-EA6-334104BC.
2. The Concentrator and Balancing Meter Sets included in a sample will be tested in the following way:
2.1. The Contracting Authority will connect a Concentrator and Balancing Meter Set to power supply,
and then, using the testing and diagnostic software included in the sample, perform the
operations described in item 1.1 sub-item 1;
3. Representatives of the Contractor should support the Contracting Authority in testing the sample by
providing explanations and consulting the operations performed by the Contracting Authority’s team.
4. In the case of a failure/error of the software or the devices included in the sample, the Contracting
Authority may order a break to repair or eliminate the failure/error. A delay in testing caused by a
failure/error of the software or the devices included in the sample cannot exceed 15 minutes.
Elimination of the failure/error must not involve replacement of the software or devices or their parts.
All the Contractor’s operations connected with elimination of the failure/error will be recorded by the
Contracting Authority. Before the elapse of the time for eliminating the failure/error, the Contracting
Authority may use the remaining devices included in the sample.
5.
For each type of the devices included in the sample, at least one must pass the tests, i.e. operations
performed by the Contracting Authority should bring the expected results, according to the description
above. If the Contracting Authority, while the sample is tested, finds that the devices offered by the
Contractor do not have the functionalities tested within the above procedure or the devices do not
show the above features (e.g. because of a failure), this will be the grounds for rejecting the
Contractor’s Bid as not complying with the terms of reference pursuant to art. 89 sec. 1 item 2 of the
Act.
6. If there arise doubts about the working of devices or software included in a sample, the Contracting
Authority may require from the Contractor to provide explanations about the sample.
Returning the sample
1. Pursuant to art. 97 sec. 2 of the Act, at a request of a Contractor whose Bid has not been selected,
the devices included in the sample, together with software, will be returned to the Contractor. The
Contracting Authority will not bear responsibility for destroying or damaging devices, except in the
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cases of willful misconduct or gross negligence on the part of the Contracting Authority. The devices
will be returned, together with the software, within 14 days of the date of the Agreement conclusion
date or Procedure cancellation (after a possible decision of the National Chamber of Appeal [Krajowa
Izba Odwoławcza] upholding the Contracting Authority’s decision), unless a complaint is brought to a
Court against the decision or verdict of the National Chamber of Appeal.
2.
The devices included in the sample of the selected Bid will not be returned.
III. ELECTRONIC AUCTION
1.
If there are at least three Bids submitted by Contractors within the Procedure which have not been
rejected, the Contracting Authority, after evaluating the Bids in the manner defined in item I and item
II of Chapter II of ToR, will conduct an electronic auction in order to select the most favorable Bid.
2.
The Contracting Authority will invite, by electronic means, all the Contractors who submitted
unrejected Bids to participate in the electronic auction. The invitation will be sent by the Contracting
Authority by e-mail, making use of the contact data provided in the Bid. In the invitation to participate
in the electronic auction, the Contracting Authority will inform the Contractors of:
2.1. the position of the Bids submitted by them and the received scores;
2.2. minimum increment values submitted within the electronic auction;
2.3. opening date of the electronic auction;
2.4. closing date of the electronic auction and the conditions for closing it;
2.5. the manner of evaluating the Bids in the course of the electronic auction;
2.6. the date of a test auction.
3. With the invitation to the auction, the Contracting Authority will provide the Contractor with the Rules
for participating in the auction as well as an identifier and password for logging in the system. The
auction will be conducted on the auction platform: .https://zakupy.energa-operator.pl/servlet
/HomeServlet. Technical information connected with the organization of the auction is provided by:
Ms. Alicja Fornalska, tel. 58 347-38-39, e-mail: alicja.fornalska@energa.pl; Stanisław Hejna, tel.
58 745-78-41, e-mail: stanislaw.hejna@energa.pl.
4. A Contractor should have IT equipment satisfying the following technical requirements:
4.1. a computer with a 233 MHz processor or faster, and at least 128 MB RAM,
4.2. an operating system: MS-Windows XP or a newer version,
4.3. Internet Explorer (minimum 6.0) with ActiveX or Mozilla Firefox with Java,
4.4. at least 64 kbps broadband Internet connection per one user.
To make it possible for the Contractors invited to participate in the Internet auction to familiarize
themselves with the way that the auction platform operates, the Contracting Authority will conduct a
test auction on the rules similar to those for the electronic auction proper as defined in ToR and the
Rules referred to in item 3 above. The test auction will be conducted on the date indicated in the
invitation to participate in the electronic auction. The Contracting Authority will provide the
Contractors with information needed to participate in the test auction.
5. In the course of the electronic auction, the Contractors, using the form found on the website referred
to in item 3, which makes it possible to enter necessary data online, will submit further more
favorable bids (increments), which will be subject to automatic evaluation and classification. The
increments should be appended with a secure electronic signature verified by a valid qualified
certificate; otherwise they will be invalid.
6.
The criterion for evaluating a bid in the course of the electronic auction will be the Bid’s total gross
price – the weight of 100 %.The total score granted the given Bid will be calculated on the basis of the
following formula:
P = Cmin / C x 100
where:
P
-
the score granted the evaluated Bid in the course of the electronic auction within the
criterion of the Bid’s total gross price;
Cmin
-
the lowest total gross price of a Bid among the valid and evaluable Bids in the course of
the electronic auction;
C
-
the Bid’s total gross price offered in the evaluated Bid in the course of the electronic
auction.
7.
In the course of the electronic auction, the Contracting Authority will provide each Contractor, on an
ongoing basis, information on the position of the Bid submitted by it, the granted score and the score
received by the most favorable Bid. Until the electronic auction is closed, the Contracting Authority will
not disclose any information making it possible to identify the Contractors.
8.
A Bid submitted by a Contractor is no longer binding as long as the Contractor submits a more
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favorable bid in the course of the electronic auction. The Bid validity term will continue to run
uninterrupted.
9.
The Contracting Authority will evaluate the Bid of a Contractor who did not join the electronic auction
or failed to submit valid increments during the auction on the basis of the total gross price of the Bid
submitted by the Contractor on the Bid form.
IV. SELECTION OF THE MOST FAVORABLE BID
1.
The Contracting Authority will select the Bid of the Contractor which will receive the highest score as
the most favorable.
2.
If a Contractor submits a Bid whose selection would lead to the establishment of tax obligation for the
Contracting Authority pursuant to provisions about value added tax with regard to intra-Community
acquisition of goods then, in order to evaluate such a Bid, the Contracting Authority will add the value
added tax which would have to be paid pursuant to the binding regulations to the price stated in the
Bid.
3.
In order to find whether a Bid includes a grossly understated price for the subject matter of the order,
the Contracting Authority will ask the Contractor to provide, within a specified period, explanations
about the Bid’s elements affecting the quoted price.
4.
Evaluating the explanations, the Contracting Authority will take into consideration objective factors
such as, in particular, an economical method of the order performance, selected technological
solutions, exceptionally favorable conditions for the order performance for the Contractor, the
originality of the Contractor’s design and the influence of public aid granted on the basis of separate
regulations.
5.
The Contracting Authority will reject the Bid of a Contractor who failed to provide explanations or if
the assessment of the provided explanations and evidence confirms that the Bid includes a grossly
understated price for the subject matter of the order.
6.
If the Contracting Authority selects a Bid as the most favorable one, the Contractor that submitted
that Bid undertakes to conclude an Agreement with the Contracting Authority consistent with the
Model Agreement constituting Appendix no. 1 to ToR, completed based on the content of ToR and the
content of the Bid submitted by the Contractor.
7.
Immediately after selecting the most favorable Bid, the Contracting Authority will simultaneously
inform the Contractors who have submitted Bids about:
8.
7.1.
the selection of the most favorable Bid, giving the (brand) name and the full name, the seat or
the place of residence and address of the Contractor whose Bid has been selected, justification
for the choice and (brand) names or full names, seats or places of residence and addresses of
the Contractors who submitted Bids with scores granted them;
7.2.
the Contractors whose Bids have been rejected, providing factual and legal justification;
7.3.
the Contractors excluded from the Procedure, providing factual and legal justification,
7.4.
the deadline by which the Agreement may be concluded.
Immediately after selecting the most favorable Bid, the Contracting Authority will simultaneously
inform the Contractors who have submitted Bids about:
SECTION XXI.
SETTLEMENTS BETWEEN THE CONTRACTING AUTHORITY AND THE
CONTRACTOR.
1.
The Contractor’s settlements with the Contracting Authority will be made in unit gross prices.
2.
If an electronic auction has been conducted, settlements of the Contracting Authority with the
Contractor will use unit gross prices calculated in the following manner:
2.1. unit gross price of appropriate elements of the price, indicated by the Contractor in a written Bid
form (unit gross price of single-phase meters, unit gross price of three-phase meters, unit gross
price of the Concentrator and Balancing Meter Set, as well as unit gross price of Workshops), is
divided into the Bid’s total gross price indicated by the Contractor in the Bid form; the obtained
value makes up a co-efficient of the participation of the gross unit price of the given price
element in the Bid’s total gross price;
2.2. the Bid’s total gross price, offered by the Contractor in the course of the electronic auction, is
multiplied by the appropriate co-efficient of the participation of the unit gross price of the given
price element in the Bid’s total gross price, calculated pursuant to item 2.1.;
2.3. the value of appropriate price elements, calculated according to the rules described in the items
above, constitutes the unit gross price of these price elements which will be used for settlements
between the Contracting Authority and the Contractor.
3. Settlements between the Contracting Authority and the Contractor will be made in PLN.
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SECTION XXII.
REQUIREMENTS FOR THE GOOD PERFORMANCE BOND.
1. The Contractor whose Bid is selected as the most favorable one will be obligated to make, before
concluding the Agreement, a good performance bond at the amount of 10% of the Bid’s gross price.
2. The bond may be made at the Contractor’s discretion in one or several of the following forms:
3.1. in cash;
3.2. as bank sureties or sureties issued by credit unions, the latter having to be cash sureties;
3.3. bank guarantees;
3.4. insurance bonds;
3.5. as sureties granted by entities referred to in art. 6b sec. 5 item 2) of the Act of 9 November 2000
on the establishment of the Polish Agency for Enterprise Development.
4. The bond made in cash will be paid by the Contractor by transfer to the Contracting Authority’s bank
account number 05 1240 6292 1111 0010 3648 1593, with a note “Good performance bond –
procedure for delivery of Metering Infrastructure for Energa Operator S.A., P/_/AZU/000__/12”.
5. If the bond is made in cash, the Contracting Authority keeps it in an interest-bearing bank account.
The Contracting Authority will return the bond made in cash together with the interest resulting from
the bank account agreement for the account in which it was kept, decreased by the costs of
maintaining the account and the bank commission for the transfer of cash to the Contractor’s bank
account.
6. If the Contractor has made a bid deposit in cash, then, at the Contractor’s request, the bid deposit
with the interest will be recognized against the good performance bond.
7. If the Contractor is making the good performance bond in the form of a bank guarantee or an
insurance bond, the content of the bank guarantee or the insurance bond must clearly show:
7.1. the guarantor’s (a bank, an insurance company) obligation to make payment up to the amount
defined in the guarantee, irrevocably and unconditionally, at the first request of the Contracting
Authority, containing a statement about the occurrence of circumstances connected with a failure
to perform or inadequate performance of the Agreement;
7.2. the guarantee validity term,
7.3. the place and date for returning the guarantee.
8. The bond will be returned by the Contracting Authority by the following deadlines:
8.1. 70 % of the bond amount – within 30 days of the date of the order performance and the
Contracting Authority’s assessment of the order as adequately performed,
8.2. the remaining amount – at the latest, on the 15th day after the elapse of the period of warranty
for defects for the last device delivered.
SECTION XXIII
MODEL AGREEMENT, TERMS AND CONDITIONS FOR AMENDING THE
AGREEMENT
1. The Model Agreement is found in Appendix no. 1 to ToR [Model Agreement].
2. It will be possible to amend the Agreement in the circumstances defined in Appendix no. 1 to ToR
[Model Agreement].
SECTION XXIV.
INFORMATION ABOUT LEGAL REMEDIES AVAILABLE TO THE CONTRACTOR
IN THE COURSE OF THE PROCEDURE.
1. A contractor as well as some other entity having now or in the past an interest in concluding the
Agreement and has suffered or may suffer a damage as a result of violating provisions of the Act by
the Contracting Authority, are entitled to legal remedies defined in Section VI of the Act.
2. If the Contracting Authority, in the course of the Procedure, performs an action inconsistent with
provisions of the Act or fails to perform an action to which the Contracting Authority is obligated
pursuant to the Act, this action or omission may be appealed.
3. The appeal should indicate the Contracting Authority’s action or omission which is accused to be
contrary to provisions of the Act. The appeal should also include a brief presentation of charges,
specify what is demanded and point out factual and legal circumstances justifying the appeal.
4. The appeal is submitted to the President of the National Appellate Chamber in writing or via e-mail
provided with secure electronic signature verified through a valid qualified certificate.
5. The appealing party will send a copy of the appeal to the Contracting Authority before the elapse of
the deadline for submitting the appeal in such way so that it could familiarize itself with its content
before the elapse of that deadline. It is assumed that the Contracting Authority has been able to
familiarize itself with the content of the appeal before the elapse of the deadline for bringing it if a
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copy of the appeal has been sent before the elapse of the deadline for bringing it using one of the
means listed in art. 27 sec. 2 of the Act.
6. The Contracting Authority will, immediately, but not later than within 2 days of receiving a copy of the
appeal, send it to other Contractors participating in the Procedure, summoning the Contractors to join
the appellate procedure.
7. A Contractor may apply for joining the appellate procedure within 3 days of the date of receiving a
copy of the appeal, indicating the party which the Contractor joins and the interest in obtaining a
resolution in favor of that party. The application for joining the procedure will be handed to the
President of the National Chamber of Appeal in writing or in electronic form with a secure electronic
signature verified by a valid qualified certificate, and a copy of the appeal shall be sent to the
Contracting Authority and the Contractor bringing the appeal.
8. The Contractors who have joined the appellate procedure become participants of the procedure if they
have an interest in resolving the procedure in favor of one of the parties.
9. The Contracting Authority or an appealing party may raise an objection to another Contractor joining
the procedure not later than by the time of opening the trial. The chamber shall accept the objection if
the entity declaring it provides some evidence for the claim that the Contractor has no interest in
obtaining resolution in favor of the party which it joined; otherwise the Chamber will reject the
objection.
10. Actions of a participant of the appellate procedure cannot contradict actions and representations of the
party which it joined, apart from raising an objection as referred to in art. 186 sec. 3 of the Act by a
participant who joined the procedure on the side of the Contracting Authority.
11. An appealing party or a Contractor summoned pursuant to item 6 cannot subsequently take
advantage of the legal remedies against the Contracting Authority’s actions performed in accordance
with the verdict of the National Chamber of Appeal or a court or pursuant to art. 186 sec. 2 and 3 of
the Act.
12. The parties to and participants in the appeal proceedings may submit a complaint to the court against
the award of the Chamber. The complaint will be brought to the Regional Court in Gdańsk, within 7
days of the date of receiving the Chamber’s decision.
APPENDICES.
1.
Appendix 1.
Model Agreement
2.
Appendix 2.
Bid Form
3.
Appendix 3.
Model statement concerning dual-use goods
Provisions of the Act will be applicable to issues not governed by these ToR.
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