Development of a variant concept for renovation, reconstruction of retaining structures and technical documentation for renovation/reconstruction of retaining structures located along Polna and Zahańcze streets in Suwałki

… a way that it meets all the requirements of the Public Procurement Law Act. 5. Design documentation regarding the description of the proposed materials and equipment should be made in accordance with Article 99 of the Public Procurement Act. The subject-matter of the contract may not be described in such a way as to impede fair competition, in particular by indicating the trade marks, patents or origin, source or particular process which characterises the products or services provided by a particular economic operator, where this could favour or eliminate certain economic operators or products. The subject-matter of the contract may be described by an indication of the trademarks, patents or origin, source or specific process which characterises the products or services provided by a particular economic operator, where the Contractor cannot describe the subject-matter of the contract in a sufficiently precise and intelligible manner and such indication is accompanied by the words ‘or equivalent’. In this case, the Contractor shall indicate in the description of the subject-matter of the contract the criteria used to assess equivalence. The subject of the contract should be described in accordance with Article 101 of the Public Procurement Act. 6. Technical documentation should take into account the provisions of Article 100 of the Public Procurement Act, i.e. ‘In the case of contracts intended for use by natural persons, including employees of the contracting authority, a description of the subject-matter of the contract shall be drawn up taking into account accessibility requirements for persons with disabilities and design for all users, unless this is not justified by the nature of the subject-matter of the contract. If the requirements referred to in paragraph 1, as they result from an act of European Union law, the subject-matter of the contract, as regards accessibility requirements for persons with disabilities and design for all users, shall be described by reference to that act.’ 7. Pursuant to Article 101(1) CTMR, 4 of the Act, in the place where the subject of the contract is described by means of standards, technical assessments, technical specifications and technical reference systems, the Ordering Party accepts solutions equivalent to those described. In addition, it should be assumed that all such references are accompanied by the words 'or equivalent'. Indication of equivalence of the offered solution pursuant to Art. 5 of the Act and in accordance with the rules laid down therein shall be the responsibility of the Contractor. 8. In the case of a description by means of standards, equivalent solutions are those which ensure that the minimum requirements set out in the standard are met at a level no lower than that described in the relevant standards. In the case of the standards referred to in the ToR (if not specified in detail), the current standards are understood. In other cases (description of the subject-matter of the contract by means of technical assessments, technical specifications and technical reference systems), such a product, material or system with technical, functional and quality parameters not inferior to those listed in the description of the subject-matter of the contract AMENDMENTS to the contract are considered to be equivalent (due to the limitations of the contract notice, the full content is attached to the tender notice).