- The procedure is preceded by a research of the market which is carried out by placing the notice of the tender procedure on the Agency's website. In addition, the notice of the tender procedure is being sent to the entrepreneurs who can meet the conditions for participation in the proceedings. Entrepreneurs who wish to participate in the proceedings and are not excluded submit their application for participation in the procedure according to the model attachment to the notice of the procedure.
- The Agency invites to participate in the procedure (submission of offers) Bidders who have sent the application for participation in the procedure. The Agency does not invite Bidders who:
- by executing the order regarding the reserves caused damage by not performing the order or by performing it improperly, if the damage was confirmed by a final court judgement issued within 3 years before the initiation of proceedings or against which the Agency conducts court or enforcement proceedings because of failure of performance or improper performance of the contract for the reserves;
- according to the Agency's available information, they are not reliable or do not guarantee the proper performance of the contract concluded as a result of the proceedings.
- The proceedings are conducted by means of a two-stage, closed tender, complying with the regulations of the Act of August 5, 2010 on the protection of classified information.
- At the first stage of the procedure, the Agency requires from the entrepreneur applying for the procurement to deposit security payment and submit documents with the offer, in particular:
- documents stating that the person representing the trader involved in the proceedings which are involved in activities aimed at the conclusion of agreements and their conclusion and implementation in terms of access to classified information meet the requirements imposed by the Act on the Protection of Classified Information, it means. they have a valid certificate security or authorization to access classified information classified as "restricted" or higher and are instructed about protection of classified information. Detailed information in this regard can be found in the bookmark classified information classified information,
- documents confirming the right to conduct business in the area covered by the contract, eg. licenses, permits (if required according to the Acts),
- certificates of the competent Tax Office and the relevant branch of the Social Insurance Institution (ZUS) confirming that the entrepreneur is not in arrears of payments of taxes, fees of health insurance and social insurance or a certificate obtaining permission for exemption, postponement or spreading in installments overdue payments or stopping the implementation of decisions of the tax authority,
- document confirming the legal title to the warehouse in which reserves are meant to be stored (eg. an excerpt from the land register, notary deed, excerpt from the records of fixed assets, magazine lease agreement or concluded for the required by the Agency period of time type of contract: lease, rental or irrevocable promise to conclude such agreements),current copy from the National Court Register regarding the Bidder being a collective entity, in the scope referred to in art. 24 paragraph 1 point 21 of the Act of 29 January 2004 Public Procurement Law Depending on the subject of the tender the Agency may request from entrepreneur other documents, in particular:
- statements of entrepreneurs fulfilling conditions for participation in the proceedings,
- statement that the entrepreneur will provide the conditions of storage of goods in accordance to the contractual requirements and that will provide security at the facility or premises where reserves will be stored in accordance with the requirements set the conditions of the tender and the contract.
At this stage of the procedure, an evaluation is made whether the submitted offers meet the formal requirements set out in the tender conditions and are not subject to rejection
- In the second stage the Agency is negotiating with entrepreneurs who will present economically the most favorable conditions and the Agency selects the offers. Negotiations can be conducted through direct talks or by correspondence.
- Conclusion of the agreement:
- entrepreneur whose tender is selected prior to the date of the agreement is required to provide security of fulfilment of the agreement specified in the conditions of the tender,
- Agreements are concluded for a fixed period,
- concluded contracts are classified within the meaning of the Act of 5 August 2010 on the protection of classified information.