Decision to withdraw from signing the contract with Polska Spółka Gazownictwa sp. z o.o. for the construction of the DN400 gas pipeline Dąbrowa Górnicza - Szopienice
In reference to the current report No. 13/2022 of April 11, 2022, informing about the selection by Polska Spółka Gazownictwa sp. z o.o., Oddział Zakład Gazowniczy in Zabrze (Ordering Party) of a bid worth PLN 27.3 million gross, submitted by STALPROFIL SA ( Contractor, Company) in the public procurement procedure for the implementation of the investment under the name "Construction of a high pressure gas pipeline DN400 MOP 2.5MPa Dąbrowa Górnicza - Szopienice on the section from Krakowska Street in Będzin to the area of Zuzanny Street in Sosnowiec - sector contract", STALPROFIL Management Board SA informs that the Company withdrew from signing the contract with the Ordering Party due to the occurrence of factors beyond the Contractor's control, which occurred after the date of submission of the offer.
These factors, in the opinion of the Contractor, are force majeure, in particular:
1. Cancellation of tenders by subcontractors in the field of specialist works, justified by circumstances beyond the control of these entities, occurring after the date of submission of tenders,
2. Limited possibilities of purchasing materials necessary for the execution of the order, at the scheduled dates and prices, caused mainly by the effects of the aggression of the Russian Federation against Ukraine, including the introduced economic sanctions,
3. Excessively prolonged course of the contract award procedure practically impossible, in combination with the factors indicated in point 1 and 2, execution of the contract within the time limits planned by the Ordering Party.
The offer of STALPROFIL SA was secured with a bid bond in the amount of PLN 250 thousand. As a result of the withdrawal from the conclusion of the contract, the Ordering Party kept the bid bond. The Contractor, recognizing that the reason for withdrawing from signing the contract was the occurrence of force majeure events, intends to seek a refund of the bid bond from the Ordering Party.