Poland - Security services

Description

The subject matter of the contract includes 3 parts (tasks):Task No. 1 - provision of services by the Specialized Armed Protective Formation (SUFO) in the field of protection of persons and property in the complexes that are on supply in terms of protection in the 41st BLSz in Deblin and convoying of monetary values:1) Direct physical protection of the complex: 1.1 Deblin Airport (41. BLSz); 2) Convoying of monetary values of 41. BLSz. Task No. 2 - provision of services by Specialized Armed Security Formation (SUFO) in the field of protection of persons and property in the complexes being supplied in terms of protection in 41. BLSz in Deblin:1) Direct physical protection of the complex: 1.1 Deblin Fortress 1bdm.Task No. 3 - provision of services by the Specialized Armed Protective Formation (SUFO) in the field of protection of persons and property in the complexes being supplied in terms of protection at the 41st BLSz in Deblin.1) Direct physical protection of the complex: 1.1 Klikawa 131krt;2) Protection and monitoring of facilities: 2.1 Military Recruitment Center (WCR) in Puławy.A detailed description of the subject matter of the contract is contained in Annex No. 2 to the Terms of Reference, hereinafter referred to as SWZ, and the draft provisions of the public procurement contract, which will be introduced into the public procurement contract for individual tasks - Annexes No. 14a, 14b, 14c to the SWZ, which will be posted on the website of the conducted proceedings: https://platformazakupowa.pl/pn/41blsz/proceedings (the page pertaining to this proceeding) from the date of publication of the contract notice in the Official Journal of the European Union no less than until the date of awarding the contract.It is allowed to submit applications/partial bids divided into 3 parts (tasks). A full offer for a part (task) must include all assortment items within the part (task). The Contractor may submit an application/offer for one or two or three parts (tasks).The Contractor may submit an application/offer for all parts of the contract.2. Requirements for employment on the basis of a labor contract:8.1. Acting in accordance with Article 95(1) of the Act, the Contracting Authority requires employment on the basis of an employment relationship during the entire period of execution of the subject matter of the contract by the Contractor or Subcontractor of persons performing the following activities during the execution of the contract, the performance of which consists in the performance of work as specified in Article 22 § 1 of the Act of 26 June 1974. - Labor Code:For task no. 1a) direct physical protection of persons and property performed by security guards at fixed posts and patrols,b) handling of the pass office, c) tasks of the SUFO security commander performed by security guards,d) escorts.For task no. 2a) direct physical protection of persons and property performed by security guards at fixed posts, mobile posts and patrols,b) handling of the pass office, c) tasks of the SUFO security commander performed by security guards.For task No. 3a) direct physical protection of persons and property performed by security guards at fixed posts, mobile posts and patrols,b) intervention group,c) tasks of SUFO security commander performed by security guards,8.2. The Contractor or subcontractor shall be obliged to employ, on the basis of an employment relationship, during the period of execution of the subject of the contract, persons performing activities consisting of:For task No. 1a) direct physical protection of persons and property performed by security guards at fixed posts and patrols,b) operation of the pass office,c) tasks of the SUFO security commander performed by security guards,d) escorts.For task No. 2a) direct physical protection of persons and property performed by security guards at fixed posts, mobile posts and patrols,b) operation of the pass office, c) tasks of the SUFO security commander performed by security guards.For task No. 3a) direct physical protection of persons and property performed by security guards at fixed posts, mobile posts and patrols,b) intervention group,c) tasks of the SUFO security commander performed by security guards.All persons who will participate in the performance of the task of protecting the facilities of 41. BLSz, 1bdm, 131krt, WCR Puławy, the Contractor or Subcontractor is obliged to employ on employment contracts, the Employer leaves to the discretion of the Contractor the size of the full-time staff.The Employer does not allow the performance of security services by persons employed on the basis of civil law contracts and it is not possible to employ security personnel on the basis of a civil law contract in excess of the norm of working time. According to the labor law, employment in excess of the norms of working time of a given employee with the same employer for the same activities is overtime work.Method of verification of employment under a labor contract and sanctions for the Contractor:8.3. During the execution of the contract, the contracting authority is entitled to perform control activities against the contractor, regarding the fulfillment by the contractor or subcontractor of the requirement of employment under a labor contract of persons performing the activities indicated in section 8.1. The contracting authority shall be entitled to:1) demand statements and documents to confirm the fulfillment of the aforementioned requirements and evaluate them;2) demand explanations in case of doubts regarding the confirmation of the fulfillment of the aforementioned requirements;3) carry out on-site inspections.8.4 During the execution of the contract, the contractor shall submit to the contracting authority:1) on the date of signing the contract - certified as true to the original by the Contractor or Subcontractor, respectively, copies of employment contracts of persons performing the activities referred to in section 8.1 during the execution of the contract. Copies of the contracts should be anonymized in a manner that ensures the protection of personal data of employees, in accordance with the provisions of RODO , the Act of May 10, 2018 on the protection of personal data (i.e., in particular, without addresses, PESEL numbers of employees). The name of the employee is not subject to anonymization. Information such as the date of the contract, type of employment contract and FTE should be identifiable;2) 2 days before the person takes service - in the case of changes in personnel during the execution of the contract - certified as a true copy of the original by the Contractor or Subcontractor, respectively, copies of employment contracts of persons performing during the execution of the contract activities referred to in Section 8.1 A copy of the contract should be anonymized in a manner that ensures the protection of personal data of employees, in accordance with the provisions of RODO, the Act of May 10, 2018 on the protection of personal data, i.e., in particular, without addresses, PESEL numbers of employees). The name of the employee is not subject to anonymization. Information such as the date of conclusion of the contract, type of employment contract and full-time equivalent should be identifiable;3) at each request of the contracting authority, within the time limit specified in the request, the contractor shall submit to the contracting authority selected by the contracting authority from the following evidence to confirm the requirement of employment on the basis of an employment contract by the contractor or subcontractor of persons performing the activities indicated in section 8.1. activities during the execution of the contract:- a certificate from the competent branch of the Social Insurance Institution, confirming payment by the contractor or subcontractor of social and health insurance premiums for employment on the basis of labor contracts for the last accounting period;- a copy, certified for conformity with the original by the contractor or subcontractor, respectively, of the proof confirming the notification of the employee by the employer to insurance, anonymized in a manner that ensures the protection of personal data of employees, in accordance with the provisions of the RODO and the Act of May 10, 2018 on the protection of personal data. The name and surname of the employee shall not be anonymized.- a statement of the employed employee or a statement of the employer containing information, including personal data, necessary to verify employment under an employment contract, in particular the name and surname of the employed employee, the date of conclusion of the employment contract, the type of employment contract and the scope of duties of the employee- other documents containing information, including personal data, necessary to verify employment under an employment contract, in particular the name and surname of the employed employee, the date of conclusion of the employment contract, the type of employment contract and the scope of duties of the employee.8.5 For failure by the Contractor or subcontractor to comply with the requirement of employment under an employment contract of persons performing the activities specified in section 8.1, the Contracting Authority provides for a sanction in the form of an obligation on the part of the Contractor to pay a contractual penalty in the amount of PLN 4000.00 for each identified case. Failure by the Contractor to submit, within the deadline set by the Ordering Party, the required evidence to confirm the Contractor's or Subcontractor's compliance with the requirement of employment on the basis of a labor contract will be treated as a failure by the Contractor or Subcontractor to comply with the requirement of employment on the basis of a labor contract of persons performing the activities specified in paragraph.8.1.9. of the Subcontractor. 1) Pursuant to Article 121 of the PPL Act, the Contracting Authority does not reserve the obligation for the contractor to personally perform key tasks relating to the contract.2) Pursuant to Article 462(1) of the PPL Act, the Contractor may entrust performance of a part of the contract to a subcontractor. In such a case, pursuant to Article 462(2) of the PPL Act, the Contractor shall demand that the Contractor indicate in his bid (in the bid form - Annex No. 1 to the SWZ) the parts of the contract he intends to entrust to subcontractors, and the names of any subcontractors, if known.3) If the change or resignation of a subcontractor relates to an entity on whose resources the contractor relied, under the terms of Article 118(1) of the PPL Act, to prove fulfillment of the conditions for participation in the proceedings, the contractor is obliged to demonstrate to the contracting authority that the proposed other subcontractor or the contractor himself fulfills them to a degree not less than that of the subcontractor on whose resources the contractor relied during the procurement proceedings. The provision of Article 122 of the PPL Act shall apply accordingly.4) Pursuant to Article 462(3) of the PPL Act, the Contracting Authority shall require the Contractor to provide the names, contact details and representatives, of the subcontractors involved in the performance of the service, if already known, before commencing performance of the contract. The Contractor shall notify the Contracting Authority of any changes with respect to the information referred to in the first sentence during the performance of the contract, and shall also provide the required information on new subcontractors to whom it intends to entrust the performance of services at a later stage.5) Pursuant to Article 122 of the PPL Act - if the technical or professional abilities, economic or financial situation of the entity providing the resources do not confirm that the Economic Operator meets the conditions for participation in the proceeding, or there are grounds for exclusion with respect to that entity, the Contracting Authority shall require that the Economic Operator, within the period specified by the Contracting Authority, replace that entity with another entity or entities, or demonstrate that it meets the conditions for participation in the proceeding on its own.6) Pursuant to Article 123 of the PPL Act - an Economic Operator may not, after the deadline for filing applications to participate in the proceeding, rely on the abilities or situation of entities providing resources, if at the stage of filing applications to participate in the proceeding he did not rely in a given scope on the abilities or situation of entities providing resources.7) Pursuant to Article 463 of the PPL Act - the subcontracting agreement may not contain provisions shaping the rights and obligations of the Subcontractor, in terms of contractual penalties and provisions concerning the terms of payment of remuneration, in a manner less favorable to him than the rights and obligations of the Contractor, shaped by the provisions of the agreement concluded between the Ordering Party and the Contractor.8) Subcontracting a part of the agreement to subcontractors does not change the Contractor's obligations to the Ordering Party for performance of that part of the agreement. The Contractor shall be liable for the acts, omissions and negligence of subcontractors to the same extent as if they were the acts, omissions or negligence of the Contractor.9) The Contractor's written consent of the Ordering Party is required each time to conclude a contract with a subcontractor, as well as amendments to such contracts.10) If the Principal does not raise any objections or reservations in writing within 14 days of the Contractor's presentation to him of the agreement with the subcontractor or a draft thereof, together with part of the documentation relating to the performance of the tasks specified in the agreement or draft agreement, he shall be deemed to have given his consent to the conclusion of the agreement.11) The agreements referred to in items. 9 and 10 shall be concluded in writing under pain of nullity.12) Along with the invoice for the services performed, the Contractor shall submit a document confirming the settlement of the work performed with the Subcontractor, together with a statement from the Subcontractor confirming the absence of financial claims against the Employer for the specified size of the tasks performed by the Subcontractor.13) The Contractor may not exempt itself from liability to the Contracting Authority on the grounds that the Contractor's non-performance or improper performance of the contract was a consequence of the non-performance or improper performance of obligations to the Contractor by its cooperators, subcontractors and subcontractors.14) Pursuant to Article 406 of the PPL Act, the Contracting Authority shall require the Contractor to inform Subcontractors of their obligation to protect classified information that they have obtained in the course of the defense and security procurement.15) Pursuant to Article 407 of the PPL Act - the Contracting Authority shall specify the requirements related to the execution of the contract necessary to ensure the security of such information. To this end, the Contracting Authority:1) shall require that the following be submitted with the bid:a) an undertaking by the Contractor and already known subcontractors to protect classified information in their possession or with which they become acquainted during and after the execution of the contract,b) an undertaking by the Contractor to obtain from other Subcontractors to whom it will subcontract during the execution of the contract, the undertakings referred to in letter. a, and to submit them to the contracting authority prior to the conclusion of the subcontract,c) information on already known subcontractors, including their names and place of residence or name and registered office, and data that allow the contracting authority to determine that each of them has the qualifications required to protect classified information to which they have access or which will be generated in connection with the performance of the subcontract,d) the contractor's obligation to provide the information referred to in lit. (c) concerning new subcontractors, prior to the conclusion of the subcontract;2) shall have the right to verify or remove the contractor's employees who are to participate in the execution of the contract, both at the stage of conducting the contract award procedure, as well as at the stage of the execution of the public procurement contract in the fields of defense and security, if the protection of the essential interests of state security requires it, or it is necessary in order to increase the security of the contracts being executed.16) Pursuant to Article 427 of the Public Procurement Law, the Contracting Authority, during the course of the contract award procedure in the fields of defense and security or during the execution of the public procurement contract in the fields of defense and security, may refuse to consent to the conclusion of a contract with a Subcontractor proposed by the Contractor if there are grounds for exclusion or the Subcontractor does not meet the conditions for participation in the procedure provided for the Contractor in the contract. The Contracting Authority shall notify the Contractor of the reasons for refusing to consent to the conclusion of a contract with a subcontractor, indicating the conditions for participation in the procedure that the proposed subcontractor does not meet, or the grounds for exclusion that apply to the subcontractor. The contracting authority, during the execution of the contract for a public contract in the fields of defense and security, in the event that the subcontractor loses the credibility necessary to exclude the threat to state security, shall oblige the contractor, within a specified period of time, to change the subcontractor or implement that part of the contract itself. If the exclusion or change of a subcontractor, relates to the entity on whose resources the contractor has invoked, the Contracting Authority shall require the Contractor, within the period specified by the Contracting Authority, to demonstrate that the proposed other Subcontractor or the Contractor independently meets them to a degree not less than that of the Subcontractor on whose resources the Contractor has invoked during the contract award procedure.Pursuant to Article 409 of the PPL Act, the Contracting Authority specifies the requirements related to the execution of the contract in terms of subcontracting concerning (para. 17-19):17) The Contracting Authority requires indication in the bid of the part of the contract whose performance will be entrusted to Subcontractors and the names of the Subcontractors, together with the subject matter of the Subcontracts for which they are proposed - since the Contractor is not obliged by the Contracting Authority to select Subcontractors in accordance with the procedure set forth in art. 423-430 of the PPL Act;18) The Contracting Authority requires prompt notification of any changes concerning Subcontractors that occur during the performance of the contract.19) Entrusting a portion of the contract to Subcontractors does not relieve the Contractor of responsibility for the performance of the contract in the areas of defense and security.20) The Subcontractor who will participate in the execution of the contract should demonstrate possession of: a valid license issued by the Ministry of Internal Affairs and Administration or the Ministry of Internal Affairs to conduct business activity in the field of personal and property security services implemented in the form of direct physical protection - in accordance with the content of Article 18.1 of the Act of 22.08.1997 on the protection of persons and property (Journal of Laws of 2021, item 1995 i.e.).Employees of the Subcontractor should have:- valid authorizations of the head of the organizational unit to access classified information with the clause "RESTRICTED" or valid security clearance authorizing access to classified information with the clause "RESTRICTED" or higher;- valid certificate stating that they have received training in the protection of classified information.Employees of the Subcontractor must meet the same requirements as those of the Contractor. The Contracting Authority will not accept the Contractor's contract with the Subcontractor - if the Contractor does not provide the Contracting Authority with the documents referred to above confirming the possession of authorizations to carry out a specific business or professional activity, as well as documents concerning the Subcontractor's employees, confirming their possession of the required authorizations and relevant professional qualifications, necessary for the execution of the contract in accordance with the requirements contained in part V of the SWZ items 2.3.3., 2.3.4., 2.3.5. (conditions of participation in the proceedings) and § 10 paragraphs 11,12,14 of the general terms and conditions of contract for Task No. 1; § 10 paragraphs 13, 14, 16 of the general terms and conditions of contract for Task No. 2; § 10 paragraphs 13, 14, 16 of the general terms and conditions of contract for Task No. 3;If a Subcontractor is indicated in the bid - the contractor is to present the documents specified above on the day of signing the contract with the Employer.10Pursuant to Article 404 (1) of the Act of September 11, 2019. - Public Procurement Law (Journal of Laws of 2021, item 1129, as amended), the award of this contract in the fields of defense and security may be sought by Contractors having their registered office or place of residence in one of the Member States of the European Union, the European Economic Area or a country with which the European Union or the Republic of Poland has concluded an international agreement concerning these contracts.11. The Contracting Authority provides for amendments to the contract under Article 455(1) of the PPL Act. Description of anticipated changes: is included in appendices to the SWZ - draft provisions of the public procurement contract, which will be introduced into the public procurement contract for individual tasks - respectively, appendices No. 14a, 14b, 14c to the SWZ.12.The Contracting Authority reserves the right to execute the contract in 2023 and 2024, depending on the allocation of funds for the implementation of the tasks constituting the subject of the contract up to the amount covered by the financial plan (Article 46(1) of the Public Finance Act and Article 89 of the Civil Code), under the terms of § 19 paragraphs 29-31 of the draft provisions of the public procurement contract, which will be introduced into the public procurement contract. The Contractor's remuneration under the contract - shall be reduced accordingly (shall be amended).2. Other special conditions to which the execution of the contract is subject, especially with regard to security of supply and security of information:2.1. Pursuant to Article 404. paragraph 1 of the Public Procurement Law, contractors having their registered office or place of residence in one of the Member States of the European Union, the European Economic Area or a country with which the European Union or the Republic of Poland has concluded an international agreement relating to such procurement may apply for the award of a contract in the fields of defense and security.2..2. the Contractor must agree to provide physical protection services in the objects subject to the proceedings by SUFO after the declaration of mobilization, the introduction of martial law or during wartime on the terms and in the manner specified in the Decree of the Council of Ministers of November 24, 2009 on the militarization of organizational units performing tasks for national defense or security (Dz. U. 2009 item 1612).3. Pursuant to Article 405(4) of the PPL Act - to the application for admission to participate in the proceedings, the contractor shall attach the statement referred to in Article 125(1) of the PPL Act and subjective means of proof.4Pursuant to Article 405(5) of the PPL Act:5 The statement referred to in Article 125(1) of the PPL Act and the subjective means of proof shall prove that there are no grounds for exclusion, that the conditions for participation in the proceeding are met no later than on the date of filing the application for admission to the proceeding.6.The Economic Operator shall be obliged to prove, respectively, no later than on the date of filing applications to participate in the proceeding, fulfillment of the conditions referred to in Chapter V of the PPL, and lack of grounds for exclusion due to failure to meet the conditions referred to in Chapter VI of the PPL.1The Contractor offers to perform the subject matter of the contract within the following timeframe:Basic orderTask No. 1 - Direct physical protection of the Deblin Airport complex - 41st BLSzThe service will be provided in the period: from 15.00 on 03.01.2023 to 15.00 on 03.01.2024(12 months from the date of signing the contract - but no longer than 15.00 on 03.01.2024. - strictly defined term of the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settlement with the Contractor using an hourly rate)- ad hoc posts Deblin AirportThe service will be implemented in the period: from 15.00 on 03.01.2023 to 15.00 on 03.01.2024, or until earlier exhaustion of the amount provided for ad hoc posts in the contract. (12 months from the date of signing the contract - but no longer than until 3 p.m. on 03.01.2024. - strictly defined term of the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settlement with the Contractor by means of an hourly rate)- Convoying of monetary valuesThe service will be implemented in the period: 03.01.2023 to 03.01.2024 or until the earlier exhaustion of the amount provided for cash value escort in the contract. (12 months from the date of signing the contract - but no longer than until 3 pm on 03.01.2024. - strictly defined term of the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settlement with the Contractor by means of an hourly rate)Task No. 2 - Direct physical protection of the complex: Deblin Fortress - 1bdm The service will be performed in the period: from 15.00 on 03.01.2023 to 15.00 on 03.01.2024(12 months from the date of signing the contract - but no longer than until 15.00 on 03.01.2024. - strictly defined term of the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settlement with the Contractor by means of an hourly rate)task No. 3 - Direct physical protection of the complex: Klikawa - 131 krt, WCR Pulawy; monitoring of WCR Pulawy; The service will be implemented in the period: from 15.00 on 03.01.2023 to 15.00 on 03.01.2024(12 months from the date of signing the contract - but no longer than 15.00 on 03.01.2024. - strictly defined term of the contract is dictated by ensuring the continuity of physical protection of military facilities and the method of settlement with the Contractor using an hourly rate)- ad hoc posts of the Pulawy WCRThe service will be implemented in the period: from 15.00 on 03.01.2023 to 15.00 on 03.01.2024, or until earlier exhaustion of the amount provided for ad hoc posts in the contract. (12 months from the date of signing the contract - but no longer than until 3 p.m. on 03.01.2024. - strictly defined term of the contract is dictated by the assurance of continuity of physical protection of military facilities and the method of settlement with the Contractor by an hourly rate)

Opportunity closing date

17 August 2022

Value of contract

to be confirmed