Current report no 84 / 2021

Design and extension of the national road No 79 along the Garbatka – Wilczowola section from km 93+030 to km 100+711 – the bid of Budimex S.A. ranked highest

This report has been corrected on 15 December 2021 at 11:59 (the content of the report is below)

The Management Board of Budimex S.A. announces that on 14 December 2021, the Company was informed by the Warsaw Branch of the General Directorate for National Roads and Motorways that the Company’s bid had been evaluated the highest in the open tender procedure titled: Design and extension of the national road No 79 along the Garbatka – Wilczowola section from km 93+030 to km 100+711.

The aforementioned information does not mean selecting the bid of Budimex S.A. as the most advantageous one, because the procedure concerning the bid evaluation has not yet been finally completed.

The total value of orders with the same Employer in the last 12 months, including the bid referred to above, amounted to PLN 247,492,345.1 net.  The aforementioned bid is the highest-valued order.

Terms of the highest-value bid:

Bid value: PLN 114,267,201.72 net

Contract commencement date: the date of the Contract conclusion by both Parties

Works completion date: 33 months from the date of the contract conclusion

Guarantee period for the main works: from 1 to 10 years

Warranty period: 60 months

Advance payment: maximum 10% of the Accepted Gross Contract Amount

Payment conditions: within 30 days of the date of delivery of VAT invoices to the Employer, issued for the amounts certified in Payment Certificates

Bank performance bond: 10% of the Accepted Gross Contract Amount

Maximum amount of contractual penalty paid by the Contractor: 20% of the Accepted Net Contract Amount

The Employer shall pay the Contractor a contractual penalty for the Contractor’s withdrawal from the contract due to causes attributable to the Employer amounting to 15% of the Accepted Net Contract Amount.

The Employer reserves the right to demand supplemental damages in excess of contractual penalties up to the amount of the actual loss that was incurred or could be incurred due to the non-performance or improper performance of the Contract by the Contractor.

Other terms and conditions of the contract do not differ from the market standards.

Total value of contracts signed between Budimex and the Employer, including the bid value, exceeds the threshold of PLN 167,645 thousand net.

Design and extension of the national road No 79 along the Garbatka – Wilczowola section from km 93+030 to km 100+711 – the bid of Budimex S.A. ranked highest (correction)

Data: 15 December 2021 11:59

The Management Board of Budimex S.A. hereby revises current report ESPI No 84/2021 of 14.12.2021 in such a way that it corrects the bid value from PLN 114 267 201.72 net to PLN 92 900 164.00 net. At the same time, due to the aforementioned correction, the total value of orders is changed - instead of the amount of PLN 247 492 345.10 net there should be PLN 226 125 307.48 net.

The content of report 84/2021 taking into account the abovementioned corrections is presented below:

The Management Board of Budimex S.A. announces that on 14 December 2021, the Company was informed by the Warsaw Branch of the General Directorate for National Roads and Motorways that the Company’s bid had been evaluated the highest in the open tender procedure titled: Design and extension of the national road No 79 along the Garbatka – Wilczowola section from km 93+030 to km 100+711.

The aforementioned information does not mean selecting the bid of Budimex S.A. as the most advantageous one, because the procedure concerning the bid evaluation has not yet been finally completed.

The total value of orders with the same Employer in the last 12 months, including the bid referred to above, amounted to PLN 226,125,307.48 net.  The aforementioned bid is the highest-valued order.

Terms of the highest-value bid:

Bid value: PLN 92,900,164.00 net

Contract commencement date: the date of the Contract conclusion by both Parties

Works completion date: 33 months from the date of the contract conclusion

Guarantee period for the main works: from 1 to 10 years

Warranty period: 60 months

Advance payment: maximum 10% of the Accepted Gross Contract Amount

Payment conditions: within 30 days of the date of delivery of VAT invoices to the Employer, issued for the amounts certified in Payment Certificates

Bank performance bond: 10% of the Accepted Gross Contract Amount

Maximum amount of contractual penalty paid by the Contractor: 20% of the Accepted Net Contract Amount

The Employer shall pay the Contractor a contractual penalty for the Contractor’s withdrawal from the contract due to causes attributable to the Employer amounting to 15% of the Accepted Net Contract Amount.

The Employer reserves the right to demand supplemental damages in excess of contractual penalties up to the amount of the actual loss that was incurred or could be incurred due to the non-performance or improper performance of the Contract by the Contractor.

Other terms and conditions of the contract do not differ from the market standards.

Total value of contracts signed between Budimex and the Employer, including the bid value, exceeds the threshold of PLN 167,645 thousand net.