FAQ

In connection with the Announcement of a Tender for Preparation of a Feasibility Study for the construction of an oil pipeline Brody – Płock with the possibility of extension to Gdańsk heading west and an Environmental Report, the Contracting Party received the following questions:

English

Is it mandatory for the Legal Coordinator to have completed attorney-at-law training? Is this requirement not met by advocate training?

The requirement that the Legal Coordinator should have completed attorney-at-law training, specified in section III.2.3.4(c) of the Notice of Tender, should be taken to mean that such requirement will also be met by a licensed attorney-at-law or advocate under the Attorneys-at-law Act of 6 July 1982 (consolidated text: Journal of Laws of 2002, no. 123 item 1059 as amended) or the Advocates Law of 26 May 1982 (consolidated text: Journal of Laws of 2009 no. 146 item 1188 as amended), as applicable, or the Act on Legal Assistance provided by Foreign Lawyers in the Republic of Poland Act of 5 July 2002 (Journal of Laws of 2002, no. 126 item 1069 as amended) or a holder of an equivalent licence granted in a Member State of the European Union.

At which stage of the proceedings must Contractors acting jointly execute a formal consortium agreement?

Under §7.4 of the Contract Award Rules, the Contracting Authority can request to be provided with an agreement governing cooperation of the parties that jointly seek the contract (a consortium agreement or civil partnership agreement). The Contracting Authority has not specified, whether in the Notice of Tender or in the Contract Award Rules, the stage when such request can be made. This means that the Contracting Authority can make such request at any stage of the proceedings. The Contracting Authority has specified that if it requests provision of such agreement, it will give the parties concerned appropriate time enabling them to satisfy the request. At the same time, the Contracting Authority has stated that at this stage of the proceedings, it does not request the provision of the agreement governing cooperation of the parties jointly seeking the contract.

Must entities acting as subcontractors give power of attorney to the Contractor for the purpose of submitting a Request to Participate?

Entities acting as subcontractors are not obliged to give power of attorney to the Contractor for the purpose of submitting a Request to Participate. Under §7.4 of the Contract Award Rules, the Contractor can rely on experience, persons able to perform the contract or financial capabilities of other entities provided that these persons directly participate in performance of the Contract as subcontractors. As far as meeting the conditions of participation in the Proceedings is concerned, the provisions of the Rules concerning Contractors apply to subcontractors mutatis mutandis. The Contracting Authority also stated that under §8.1a of the Rules, a Contractor that provided untrue information will be excluded from the proceedings.

Is the Contractor obliged to attach to the Request the subcontractors? statements on provision of resources (including experts)?

The Contractor is not obliged to attach to the Request the subcontractors? statements on provision of resources (including experts). Under §7.4 of the Contract Award Rules, the Contractor can rely on experience, persons able to perform the contract or financial capabilities of other entities provided that these persons directly participate in performance of the Contract as subcontractors. As far as meeting the conditions of participation in the Proceedings is concerned, the provisions of the Rules concerning Contractors apply to subcontractors mutatis mutandis. The Contracting Authority also stated that under §81a of the Rules, a Contractor that provided untrue information will be excluded from the proceedings.

Where a Contractor's economic and financial situation warrants that the Contract will be performed (the Contractor has cash of more than PLN 5 million and Insurance of PLN 2 million or more), must other consortium members/subcontractors submit formal documents supporting their economic and financial capabilities?

Where a Contractor's economic and financial situation warrants that the Contract will be performed (the Contractor has cash of more than PLN 5 million and Insurance of PLN 2 million or more), other consortium members/subcontractors are not required to submit formal documents supporting their economic and financial capabilities. Under section III.2.2. of the Notice of Tender, for Contractors jointly seeking a contract, the requirements concerning economic and financial capabilities are deemed to be met if they are met jointly by all Contractors.

Does the requirement to submit the Request and attachments in two language versions also apply to formal documents (excerpt from the Polish Court Register, certificates of the Social Security Institution (ZUS) and Tax Office, insurance policy etc.)?

The requirement to submit the Request and attachments in two language versions also applies to formal documents (excerpt from the Polish Court Register, certificates of the Social Security Institution (ZUS) and Tax Office, insurance policy etc.). This arises under §4.2 of the Contract Award Rules and section VI.3 of the Notice of Tender.