Lieferung von Fleisch und Wurstwaren an das Sozialhaus in Węgorzewie für das Jahr 2027

❓The period of performance is clearly set from 01.01.2027 to 31.12.2027.

⚠The place of performance is the Social Welfare Home in Węgorzewo (Poland), with deliveries on the basis of written orders (by phone, fax, email or in person) within 2 days from each order and with possible adjustments of delivery dates around weekends and public holidays, as long as product freshness, shelf life and storage norms are respected.

✓The quantities and assortment are detailed in Annex 1 (OPZ/offer form), but these quantities are explicitly described as non‑obligatory and indicative: (such as) the contracting authority may reduce the volume of meat and cold cuts by up to 20% compared to the listed items, without any claim for compensation by the contractor, and can shift quantities between assortment positions as long as the total contract value is not exceeded.

✓At the same time, the draft contract allows, under art. 455 Pzp, ordering additional supplies of the same assortment up to 50% of the original contract value, in the same unit prices.

✓All products must be Class I quality, fresh, compliant with applicable Polish food safety law (act of 25 August 2006 on food safety and nutrition), Polish Norms and EU hygiene regulation 852/2004, with at least half of their statutory shelf life remaining and clearly marked expiry dates.

✓Award criteria are extremely simple.

✓There is a single criterion – total gross price (“Cena”) with a weight of 100 points.

✓The scoring formula is: C = (CN / CR) × 100, where CN is the lowest gross offer price among non‑rejected bids and CR is the gross price of the evaluated offer.

✓Only non‑rejected offers are evaluated.

✓The offer with the highest number of points (i.e. the lowest price) is selected.

✓If two or more offers obtain exactly the same number of points, the contracting authority will invite those tied bidders to submit one additional offer with a new (not higher) price; the lowest of these additional prices will then win.

✓During evaluation, the authority may request clarifications regarding offers and documents, including price explanations, which bidders must provide within the given deadline.

✓The documentation also sets out multiple risks and special conditions for bidders.

✓There is no bid bond (wadium) and no performance bond (zabezpieczenie należytego wykonania umowy).

✓The bidder bears all costs of preparing and submitting the offer and there are no advances (zaliczki).

❓The offer must be submitted electronically via Platforma e‑Zamówienia by 03.11.2026 at 08:00, with a maximum total size of 250 MB for all files, and the bidder is bound by the offer until 02.12.2026; this period may be once extended by up to 30 days upon the bidder’s written consent if the award decision is delayed.

✓Questions on the SWZ must reach the contracting authority no later than 4 days before the offer deadline; answers will be provided no later than 2 days before that deadline, via the platform, without revealing the source of the question.

✓There is no obligation to attend a site visit; the SWZ explicitly states that no site inspection is required.

✓In terms of contract risks, the draft contract provides for contractual penalties: (such as) PLN 50 gross for each started hour of delivery delay in working days (Mon–Sat 7:00–15:00), capped at PLN 2,000; PLN 100 gross for each undelivered assortment item; PLN 100 gross for each case of products not meeting legal or normative quality parameters or hygiene system requirements; up to 5% of the maximum gross contract remuneration if the contract is terminated due to the contractor’s fault; and an overall cap where the sum of penalties cannot exceed 15% of the contract gross value, without prejudice to the contracting authority’s right to claim additional damages.

✓The contracting authority may refuse late deliveries, reject non‑conforming goods, and, after ineffective notice, procure substitute supplies from third parties at the contractor’s cost.

✓On the one hand, Annex 1 (OPZ/offer form) lists detailed quantities per assortment; on the other hand, the SWZ and draft contract consistently state that these are indicative, may increase or decrease according to the contracting authority’s current needs, and that the authority may reduce meat and cold cuts deliveries by up to 20% and shift quantities between items without a contract amendment, while also potentially ordering extra quantities up to 50% of the original value in line with art. 455 Pzp.

✓In such cases, the statements that the Annex 1 quantities “are not obligatory and may change” and that the authority “is entitled to reduce deliveries by 20%” must be read together: Annex 1 defines the basis for pricing and maximum contract value, but the actual ordered quantities may lawfully fluctuate within the reduction and extension limits specified in the contract.

✓There is also a likely small editorial inconsistency where §5(10–11) of the draft contract talks about “bread” (pieczywo) in a document otherwise entirely about meat and cold cuts; this appears to be a copy‑paste oversight, but unless formally corrected by the contracting authority, the literal wording of the signed contract would apply.

❓In case of discrepancies between the SWZ and annexes, Polish practice and the SWZ itself imply that all documents form one integral whole and that all listed requirements are minimum and binding; specific clauses of the signed contract (Annex 3), as adapted to the winning offer and within the Pzp rules on modifications, ultimately govern performance.