1. The subject of the order is the purchase and installation of photovoltaic systems and electricity storage units at public facilities in the Myszków Municipality (including design, supply, installation, and commissioning), in the following quantities:
- number of photovoltaic systems: 8 units,
- number of electricity storage units: 18 units,
- number of buildings covered by the project: 7 buildings.
2. The subject of the order is described in detail in Annex 1 to the SWZ – Functional and Utility Program, which constitutes a description of the subject of the order for this procedure.
3. Type of order: supplies.
4. The contracting authority does not specify requirements regarding accessibility for persons with disabilities, as the nature of this order does not necessitate the occurrence of requirements regarding accessibility for persons with disabilities.
5. In any case where the description of the subject of the order refers to norms, technical assessments, technical specifications, and technical reference systems mentioned in Article 101 paragraph 1 point 2 and paragraph 3 of the Pzp Act, the contracting authority allows equivalent solutions to those described, and such reference will be accompanied by the terms "or equivalent".
6. If the submission of certificates issued by a specific conformity assessment body mentioned in Article 105 paragraph 2 of the Pzp Act is required, the contracting authority also accepts certificates issued by other equivalent conformity assessment bodies.
7. By conformity assessment body referred to in Article 105 paragraph 2 of the Pzp Act, it is understood as a body performing activities related to conformity assessment, including calibration, testing, certification, and control, accredited in accordance with the Regulation of the European Parliament and of the Council (EC) No 765/2008 of July 9, 2008, establishing requirements for accreditation and market surveillance related to the conditions for making products available on the market and repealing Regulation (EEC) No 339/93 (OJ EU L 218 of 13.08.2008, p. 30).
8. The contracting authority does not reserve the obligation for the contractor to personally execute key tasks as indicated in Article 121 of the Pzp Act concerning works related to the placement of devices and their installation within the scope of this order.
9. The contractor may entrust part of the order to a subcontractor. The contracting authority demands that the contractor indicate in their offer the parts (scope) of the order that they intend to entrust to subcontractors, as well as to provide the names of potential subcontractors if they are already known. For this purpose, the contractor should provide the relevant information in the offer form, which is Annex 3 to the SWZ. If the contractor does not intend to carry out the order with the participation of subcontractors, they should write "not applicable" or other similar wording in the appropriate place in the table of the offer form.
10. Entrusting part of the order to subcontractors does not exempt the contractor from responsibility for the proper execution of the order.
11. Reasons for not dividing the granted order into parts.
The order is granted in two parts constituting the subject of a separate procedure. The initiation and conduct of two separate procedures comprising the entire order is due to the specificity and scope of the supplies within the renewable energy project.
A further division of the granted order into parts would cause difficulties in executing the order in terms of coordination and achieving the designed parameters, increasing investment costs, especially if the task were divided into delivery and then installation, resulting in a problem of "dilution" of the contractors’ responsibility regarding guarantees. One contractor would be liable for the guarantee of the supplied devices (photovoltaic modules, inverters, energy storage units) while the other for their installation. In the event of defects, the contractor who carried out the delivery could argue that the defects are a result of faulty installation, while the installing contractor could claim that the defects are a result of the supplied devices. This would create a high risk that the costs of lack of coordination between delivery and installation would fall on the contracting authority.
There is also no rational justification for dividing the order into parts based on the scope of the order. Such a division would increase the prices of devices as well as the costs of their installation, which means that it is not justified from an economic point of view (with a larger scope of the order, the economies of scale effect reduces the offer price).
12. The order is planned to be executed within the framework of the National Reconstruction and Resilience Plan, Investment B2.2.2, Renewable Energy Installations implemented by energy communities, Part B: investment support for energy communities, Activity B.1: Demonstration investment projects implemented by energy communities.
NOTE:
The contracting authority, in accordance with Article 257 of the Pzp Act, may annul the procurement procedure if the public funds intended for financing all or part of the order are not granted to it.

LOT-0001
ZP.271.11.2025.KM
RENEWABLE ENERGY SOURCES IN THE ENERGY CLUSTER OF MYSZKÓW DISTRICT AT PUBLIC FACILITIES IN THE MYSZKÓW MUNICIPALITY.
1. The subject of the order is the purchase and installation of photovoltaic systems and electricity storage units at public facilities in the Myszków Municipality (including design, supply, installation, and commissioning), in the following quantities:
- number of photovoltaic systems: 8 units,
- number of electricity storage units: 18 units,
- number of buildings covered by the project: 7 buildings.
2. The subject of the order is described in detail in Annex 1 to the SWZ – Functional and Utility Program, which constitutes a description of the subject of the order for this procedure.
3. Type of order: supplies.
4. The contracting authority does not specify requirements regarding accessibility for persons with disabilities, as the nature of this order does not necessitate the occurrence of requirements regarding accessibility for persons with disabilities.
5. In any case where the description of the subject of the order refers to norms, technical assessments, technical specifications, and technical reference systems mentioned in Article 101 paragraph 1 point 2 and paragraph 3 of the Pzp Act, the contracting authority allows equivalent solutions to those described, and such reference will be accompanied by the terms "or equivalent".
6. If the submission of certificates issued by a specific conformity assessment body mentioned in Article 105 paragraph 2 of the Pzp Act is required, the contracting authority also accepts certificates issued by other equivalent conformity assessment bodies.
7. By conformity assessment body referred to in Article 105 paragraph 2 of the Pzp Act, it is understood as a body performing activities related to conformity assessment, including calibration, testing, certification, and control, accredited in accordance with the Regulation of the European Parliament and of the Council (EC) No 765/2008 of July 9, 2008, establishing requirements for accreditation and market surveillance related to the conditions for making products available on the market and repealing Regulation (EEC) No 339/93 (OJ EU L 218 of 13.08.2008, p. 30).
8. The contracting authority does not reserve the obligation for the contractor to personally execute key tasks as indicated in Article 121 of the Pzp Act concerning works related to the placement of devices and their installation within the scope of this order.
9. The contractor may entrust part of the order to a subcontractor. The contracting authority demands that the contractor indicate in their offer the parts (scope) of the order that they intend to entrust to subcontractors, as well as to provide the names of potential subcontractors if they are already known. For this purpose, the contractor should provide the relevant information in the offer form, which is Annex 3 to the SWZ. If the contractor does not intend to carry out the order with the participation of subcontractors, they should write "not applicable" or other similar wording in the appropriate place in the table of the offer form.
10. Entrusting part of the order to subcontractors does not exempt the contractor from responsibility for the proper execution of the order.
11. Reasons for not dividing the granted order into parts.
The order is granted in two parts constituting the subject of a separate procedure. The initiation and conduct of two separate procedures comprising the entire order is due to the specificity and scope of the supplies within the renewable energy project.
A further division of the granted order into parts would cause difficulties in executing the order in terms of coordination and achieving the designed parameters, increasing investment costs, especially if the task were divided into delivery and then installation, resulting in a problem of "dilution" of the contractors’ responsibility regarding guarantees. One contractor would be liable for the guarantee of the supplied devices (photovoltaic modules, inverters, energy storage units) while the other for their installation. In the event of defects, the contractor who carried out the delivery could argue that the defects are a result of faulty installation, while the installing contractor could claim that the defects are a result of the supplied devices. This would create a high risk that the costs of lack of coordination between delivery and installation would fall on the contracting authority.
There is also no rational justification for dividing the order into parts based on the scope of the order. Such a division would increase the prices of devices as well as the costs of their installation, which means that it is not justified from an economic point of view (with a larger scope of the order, the economies of scale effect reduces the offer price).
12. The order is planned to be executed within the framework of the National Reconstruction and Resilience Plan, Investment B2.2.2, Renewable Energy Installations implemented by energy communities, Part B: investment support for energy communities, Activity B.1: Demonstration investment projects implemented by energy communities.
NOTE:
The contracting authority, in accordance with Article 257 of the Pzp Act, may annul the procurement procedure if the public funds intended for financing all or part of the order are not granted to it.