1. The subject of the contract is the delivery and installation of complete photovoltaic micro-installations for 8 public utility buildings, installation of energy storage systems for 9 buildings, modernization of the existing fire switch installation, and execution of necessary accompanying general construction works, as well as an energy production monitoring system.
2. The scope of the contract and its description can be found in the Terms of Reference (ToR) and annexes to the ToR, i.e.: the detailed specification of the subject of the contract (DSSC), and the draft contract provisions.
3. Pursuant to Article 95(1) of the Public Procurement Law, the Contracting Authority informs that it sets requirements regarding the employment by the Contractor or Subcontractor, based on an employment relationship, of persons performing activities related to the execution of the contract involving work done as specified in Art. 22 §1 of the Act of June 26, 1974 – Labor Code (consolidated text Journal of Laws of 2020, item 1320, as amended).
Details concerning the above requirement, the method of verifying employment, and the Contracting Authority's rights to control are included in the draft contract provisions which are annexed to the ToR.
4. The contract is covered by financial support:
The project is co-financed from funds originating from the European Union under the European Funds for Silesia 2021-2027 (Just Transition Fund) for the Priority: FESL.10.00-European Funds for Transition under the Action: FESL.10.06-Development of distributed energy based on renewable energy sources.
5. The Contracting Authority does not allow submission of variant bids.
6. The Contracting Authority does not allow partial bids for this contract.
Despite the dispersion of the facilities, the contract constitutes a functional and technically connected whole. The scope of work includes the execution of photovoltaic installations according to uniform technical requirements, including the supply of devices and materials, mounting of structures and photovoltaic modules, execution of electrical installations, connection to existing infrastructure, system configuration, and the performance of necessary measurements and as-built documentation.
The lack of division of the contract into parts is also justified by the need to ensure a uniform standard of installation execution, compatibility of devices used, and clear assignment of responsibility for proper functioning of the entire contract scope to a single contractor. Dividing the contract among multiple contractors could cause difficulties in coordination, determining responsibility for potential irregularities, and warranty and service issues.
Individual locations do not constitute functionally separate contract subjects but are elements of one investment project carried out according to common assumptions and requirements.
Additionally, conducting a single procedure allows effective coordination of implementation, cost reduction, and ensuring uniform warranty and service conditions for all installations performed.
Therefore, it is considered that the lack of division of the contract into parts is justified by technical, organizational, and economic reasons, and executing the entire scope within a single procedure will ensure technical and organizational coherence of the project and the implementation by the Contractor of integrated monitoring for all installations covered by the contract.
Furthermore, in the Contracting Authority's opinion, not dividing the contract into parts does not limit the quantitative or qualitative participation possibilities of Small and Medium-sized Enterprises.
The decision on dividing the contract into parts lies with the Contracting Authority, in accordance with the Public Procurement Law and its provisions mandating contract division by contracting authorities. Article 91(1) of the Public Procurement Law should be interpreted together with Article 91(2) to examine whether the reasons for waiving division do not violate the procedural principles expressed in Article 16(1). The lack of contract division does not limit fair competition principles.
Article 91(1) indicates that the Contracting Authority may award contracts in parts – it is not a binding obligation for the Contracting Authority, and no claim can be made against it for not dividing the contract. Article 91(2) imposes an obligation to include justification in the procedure documents if the contract is not divided, which is an informational duty subject to verification. Therefore, the content of the Contracting Authority’s justification is relevant.
LOT-0001
ZP.271.33.2026
Green Energy – Construction of RES Installations in the Bieruń Municipality.
1. The subject of the contract is the delivery and installation of complete photovoltaic micro-installations for 8 public utility buildings, installation of energy storage systems for 9 buildings, modernization of the existing fire switch installation, and execution of necessary accompanying general construction works, as well as an energy production monitoring system. 2. The scope of the contract and its description can be found in the Terms of Reference (ToR) and annexes, i.e.: the detailed specification (DSSC), and draft contract provisions. 3. Pursuant to Article 95(1) of the Public Procurement Law, the Contracting Authority informs that it sets requirements regarding employment by the Contractor or Subcontractor based on an employment relationship of persons performing contract-related activities in the manner specified in Article 22 § 1 of the Act of June 26, 1974 – Labor Code (consolidated text J.L. of 2020, item 1320, as amended).
Details on this requirement, verification methods, and Contracting Authority’s control rights are included in the draft contract provisions annexed to the ToR. 4. The contract is supported financially: The project is co-financed by European Union funds under the European Funds for Silesia 2021-2027 (Just Transition Fund) for Priority: FESL.10.00-European Funds for Transition, under Action: FESL.10.06-Development of distributed energy based on renewables. 5. The Contracting Authority does not allow variant offers. 6. The Contracting Authority does not allow partial bids within this contract – justification in section 2.1. of the Announcement. 7. The Contracting Authority does not require the personal execution of key contract parts by the Contractor. 8. The Contracting Authority has not specified requirements related to contract execution referred to in Article 96. 9. The Contracting Authority does not reserve the right to limit participation exclusively to Contractors referred to in Article 94. 10. The Contracting Authority does not plan to award contracts referred to in Article 214(1) points 7 and 8. 11. The Contracting Authority does not foresee site visits for Contractors nor require offer submission only after such visits or document verification as per Article 131(2). 12. Settlements between the Contracting Authority and Contractors will be in Polish zloty. No foreign currency payments are anticipated. 13. The Contracting Authority does not foresee refunding participation costs. 14. No framework agreement is planned. 15. No dynamic purchasing system will be established. 16. No electronic auction will be applied. 17. Offers submitted in the form of electronic catalogs are not allowed. 18. The Contracting Authority may cancel the procurement procedure if public funds planned for financing all or part of the contract are not granted.
19. CPV code related to the subject of the contract:
main subject:
09331200-0 Solar photovoltaic modules
auxiliary codes:
09332000-5 Solar power installations
31121110-4 Power inverters
44112110-5 Roof constructions
45111200-0 Site preparation works and earthworks
45261215-4 Solar panel roofing
45310000-3 Electrical installation works
45311000-5 Wiring and electrical installation works
45312310-3 Lightning protection
45400000-1 Finishing works in building construction
51112000-0 Installation services of control and transmission equipment for electrical energy.