Supplementary notice to notice 485884-2022 Tender for Bird Monitoring System BAL02

TED notice: 2022/S 171-485884. The Utilities Directive govern this tender procedure. Any matters not covered by the Utilities Directive will be governed by the following provisions of the Polish Civil Code of 23 April 1964 (consolidated text Journal of Laws of 2020 item 1740 as amended): articles 61 §§ 1-2, 65 § 2, 66 §§ 1-2, 66.1 §§ 1-4, 66.2 §§ 1-2, 67, 68, 68.1 §§ 1-2, 68.2, 69, 70 §§ 1-2, 70.1 §§ 1-2 and 4, 70.2 §§ 1-3, 70.3 §§ 1-3, 70.4 §§ 1- 2, 70.5 §§ 1-2, 71, 72 §§ 1-2 and 72.1 §§ 1-2.
In case of any discrepancies between the Polish Civil Code and the Utilities Directive including case law from the Court of Justice of the European Union, the Utilities Directive prevails, and in particular, any provisions of the Polish Civil Code, which are not compliant with the Utilities Directive shall be disregarded.”
The Contracting Entities might use the procedure described in the Utilities Directive article 50, (f) which prescribes that new Construction works/services that are repetition of Construction works/services similar to the scope of this tender and which are awarded to the Tenderer winning this Tender can be awarded without a call for competition. Such procedures might be used for up to three repetitive contracts should the contracting entities decide to purchase similar Construction works/services in the EU within 3 years from signing of the contract comprised by this tender. The conditions for awarding possible additional construction works/services are the following:
— the performance of the Construction works/services will be subject to the same commercial terms as the provision of the Scope of Works specified in the prequalification notice with necessary amendments following from the different timing and geographic location of the project.
— the contractor must comply with mandatory statutory law in the country, where the individual offshore wind farms for which the Contracting Entities chooses to apply this right to repeat similar Construction works/services are placed,
— minor necessary adjustments of technical specifications due to site specific matters, — amendment of time schedule to reflect the timing of the new project for which the repetition of similar Construction Works/services is applied.