Tenders Are Invited For Provision Of Contract Engineer Services For The Implementation Of The Digital Transformation Of The Municipal Hospital In Ruda Śląska Project As Part Of The National Reconstruction Plan

1. The Subject Of The Order Is The Provision Of Comprehensive Advisory Services And Technical Support As A Contract Engineer (Hereinafter Referred To As Ik) For The Purposes Of Preparing, Conducting Public Procurement Procedures And Supervising The Implementation Of Contracts As Part Of A Project Financed From The National Reconstruction And Resilience Plan (Kpo): Project Digital Transformation Of The Municipal Hospital In Ruda Śląska. A Detailed Description Of The Subject Of The Order In The Scope Of The Provision Of Services Is Specified In Annex No. 2 To The Swz/Agreement And In Annex No. 7 To The Swz.2. The Ordering Party Does Not Specify, Pursuant To Art. 95 Section 1 Of The Public Procurement Law, Employment Requirements By The Contractor, Subcontractor Or Further Subcontractor Based On The Employment Relationship Of Persons Performing Activities In The Implementation Of The Contract In Question Due To The Fact That The Nature Of The Services Does Not Correspond To The Characteristics Of An Employment Relationship Within The Meaning Of Art. 22 § 1 Of The Act Of June 26, 1974 - Labor Code (Consolidated Text: Journal Of Laws Of 2025, Item 277, As Amended). Justification: The Implementation Of The Order Requires The Involvement Of Personnel With Qualifications In Areas Such As Project Management, Law And Information Technologies (It). In These Industries, The Dominant Form Of Cooperation Are Civil Law Contracts Or Contracts Concluded Between Entities Conducting Business Activities (E.G. Sole Proprietorships, Independent Professional Practices). The Specificity Of Project Work, Carried Out On The Basis Of Methodologies Aimed At Achieving Specific Products And Results, Means That The Activities Performed By Specialists Are Task-Oriented, Independent And Expert In Nature, Services Are Provided Remotely, And Therefore Without The Elements Of Subordination Inherent In The Employment Relationship. Therefore, Introducing The Requirement Of Employment Under An Employment Contract Would Be Unjustified, Inadequate, Disproportionate To The Nature Of The Order And Could Limit The Availability Of Contractors, In Particular Among Specialized Contractors. Moreover, The Ordering Party Takes Into Account The Duration Of The Contract, Which Is Not Long-Term.3. Whenever Polish Standards Are Mentioned In The Procurement Documents, It Should Be Understood As Polish Standards Transposing European Standards Or Standards Of Other Member States Of The European Economic Area Or Other Standards Or Documents Referred To In Art. 101 Section 1 Point 2 Of The Act. Where The Description Of The Subject Of The Contract Includes Standards, Technical Assessments, Technical Specifications And Technical Reference Systems Referred To In Art. 101 Section 1 Point 2 And 3 Of The Public Procurement Law, The Ordering Party, In Accordance With Art. 101 Section 4 Of The Public Procurement Act Allows The Submission Of Offers Containing Solutions Equivalent To Those Described, In Terms Of T