- The procurement procedure is preceded by knowledge of the market, which is carried out by placing the notice of the tender procedure on the Agency's website in the tab „Technical Reserves”. In addition, the information of the tender procedure is sent to the entrepreneurs who can meet the conditions for participation in the proceedings.
- The tender procedure is conducted in a two-stages of a closed tender, in accordance to the provisions of the Act of 5 August 2010 on protection of classified information. As part of the proceedings, entrepreneurs participating in the proceedings of the tender will receive classified information concerning the range and quantity and place of delivery (storage) reserves, as well as other information necessary to complete the storage and exchange services of strategic reserves in accordance with the Act of 5 August 2010 on protection of classified information.
- The Agency invites the entrepreneurs to participate in the tender procedure who submitted an application for participation in the tender and meet the requirements specified in the notice referred to in paragraph 1. The entrepreneurs who fill out their order in terms of reserves caused damage by failing to perform a contract or performing them improperly, if the damage has been confirmed by a final court ruling issued within 3 years prior to the initiation of the tender or for which the Agency conducts court proceedings or enforcement in connection with non-performance or improper performance of an agreement having the object of reserves and those, according to the information held by the Agency, who are not reliable or do not give a guarantee of proper implementation of the agreement as a result of the procedure.
- Entrepreneurs who register their participation in the tender procedure and meet the conditions set by the Agency, are being given the Agency's invitation to tender (the first stage of the tender procedure) and receive the tender conditions, in which, inter alia, is defined description of the contract, procedures, conditions for participation in the proceedings, the requirements for tender, the selection criteria of tenders, offer preparation requirements, the date of the tender, indicating the date and place of the tender, the requirements for the performance bond, the pattern of the tender form, the draft agreement , required documents. At this stage of the proceedings, assessment whether submitted offers meet the formal requirements set out in the terms of the tender are being made, and if any of the offers won’t be rejected.
- In the second stage of the procedures, the conditions of the contract negotiations are being made, in particular price negotiations and the negotiation of the final content of the agreement with the entrepreneurs whose offers were accepted. Negotiations can be conducted through direct conversations or by correspondence. The second stage of the procedure is allowed for bidders who have met the requirements specified in the terms.
Requirements for entrepreneurs:
- Persons representing the entrepreneur participating in the tender proceedings, participating in activities aiming to conclude an agreement, in its conclusion, and performed in the field in terms of access to classified information, must meet the requirements imposed by the Act on the protection of classified information, ie. have a current security clearance or authorization to have access to information classified as "proprietary" and be trained in the protection of classified information in accordance with the above Act.
- Persons who do not have a valid security clearance may submit (in advance) an application for a preliminary ruling by the President of MRA an authorisation to information classified as "proprietary". The above application is available on the Agency's website: www.arm.gov.pl, tab classified information.
- In selective tender procedures the Agency requests a performance bond.
Cancellation of the tender procedure:
- None of the entrepreneurs did not meet the requirements specified in the tender conditions.
- The lowest tender offer exceeds the amount which the Agency may allocate to finance the procurement.
- Entrepreneurs, whose offers were deemed best do not make the required collateral or withdraw from the agreement.
- There has been a material change of circumstances resulting in that the conduct or performance of the agreement is no longer in the interest of the Agency.