Lieferung verschiedener Lebensmittel an das Sozialzentrum in Węgorzewie für das Jahr 2027

✓Quantities: detailed assortment and estimated quantities are listed in the OPZ/formularz ofertowy; these quantities are expressly “not obligatory” and may be increased or decreased according to the contracting authority’s needs.

✓The draft contract allows DPS to reduce deliveries by up to 20% vs. SWZ Annex 1 and to shift quantities between items, provided the total contract value is not exceeded; the contractor cannot claim civil‑law compensation for such reductions.

✓Award criteria and weighting are extremely simple.

✓The only criterion is price (brutto) with a weight of 100 points.

✓Such as: points are calculated by the formula C = (CN/CR) × 100, where CN is the lowest gross price, and CR is the price in the evaluated offer; only non‑rejected offers are scored.

✓If two or more offers obtain the same number of points, DPS will request additional offers with new (lower or equal) prices; higher prices than initially offered are not allowed.

✓There is no reference to qualitative or environmental criteria; negotiations and electronic auctions are explicitly excluded.

✓The contracting authority must choose the best offer within the validity period of the offers; if that period lapses without a decision, it can request a one‑time extension of binding by max. 30 days and, failing consent, move to the next highest‑ranked bidder.

✓The documents describe several risks and special conditions for bidders.

✓Such as: (i) no division into lots and no variant offers, which forces bidders to cover the full assortment; (ii) no advance payments, no wadium (bid bond) and no performance security, but quite strict contractual penalties: PLN 50 per started hour of delay (Mon–Sat 7:00–15:00, capped at PLN 2,000), PLN 100 per undelivered assortment item, PLN 100 per each breach of food‑quality regulations, plus up to 5% of the maximum gross remuneration if the contract is terminated due to the contractor’s fault; aggregated penalties are capped at 15% of gross remuneration, with the possibility of further damages under general civil‑law rules.

✓The DPS may refuse late deliveries, carry out substitute performance (e.g. bread) at the contractor’s cost after ineffective notice, and send disputed samples twice to accredited labs at the contractor’s expense regardless of results.

❓The validity of offers runs until 02.12.2026, with submission deadline 03.11.2026 at 08:00 and opening at 09:30 the same day; questions about SWZ must reach the platform at least 4 days before the submission deadline, and answers are given no later than 2 days before.

✓Site visits are not required.

✓Communication (other than offers) is via e‑Zamówienia “Formularze do komunikacji”; in special cases, email may be used.

✓Regarding contradictions or corrections, the various documents are largely consistent; where statements may appear overlapping or potentially divergent, the SWZ states that all requirements in the procurement documents are minimum and mandatory, and non‑compliance leads to rejection under art. 226(1)(5) Pzp.

✓Such as: quantities in Annex 1 to SWZ are explicitly “not obligatory” in both SWZ and draft contract, and the contract further clarifies DPS’s rights to reduce quantities (including a 20% reduction) and shift assortment; therefore, the contract provisions refine, rather than contradict, SWZ.

❓Similarly, both SWZ and the contract repeat the same time frame (01.01.2027–31.12.2027) and general delivery conditions, so the draft agreement is the operative detailed regulation once signed.

✓Where there is any doubt (e.g. about the exact scope of additional deliveries, change clauses, waloryzacja), the text of the SWZ together with the referenced Pzp provisions and the signed contract (Załącznik nr 3) would together form the binding legal framework; nothing in the excerpt indicates a direct, irreconcilable contradiction within these documents.