1. The subject of the contract is the purchase and installation of photovoltaic systems and electric energy storage units on public facilities in the Myszków Municipality (including design, supply, installation, and commissioning), in the following quantities:
- number of photovoltaic installations: 8 units,
- number of electric energy storage units: 18 units,
- number of buildings covered by the project: 7 buildings.
2. The subject of the contract is described in detail in Annex No. 1 to the Specification of Essential Terms of the Contract (SWZ) – Functional and Utility Program, which constitutes the description of the contract subject for this procedure.
3. Type of contract: supply.
4. The contracting authority does not specify requirements regarding accessibility for persons with disabilities, as the nature of this contract does not determine the occurrence of such accessibility requirements.
5. In any case where the description of the contract subject refers to standards, technical assessments, technical specifications, and technical reference systems, referred to in Article 101 (1)(2) and (3) of the Public Procurement Law (Pzp), the contracting authority permits equivalent solutions described and the phrase "or equivalent" accompanies such reference.
6. If submission of certificates issued by a designated conformity assessment body, as mentioned in Article 105 (2) of the Pzp, is required, the contracting authority also accepts certificates issued by other equivalent conformity assessment bodies.
7. A conformity assessment body, as referred to in Article 105 (2) of the Pzp, means a body performing conformity assessment activities including calibration, testing, certification, and inspection, accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (Official Journal EU L 218 of 13.08.2008, p. 30).
8. The contracting authority does not reserve the obligation of personal execution by the Contractor of key tasks under the mode specified in Article 121 of the Pzp concerning work related to the placement and installation of devices within the contract.
9. The Contractor may subcontract part of the contract. The contracting authority requires the Contractor to indicate, in the offer, the parts (scopes) of the contract that are to be subcontracted and to provide the names of any known subcontractors. To this end, the Contractor should provide the relevant information in the offer form, which is Annex No. 3 to the SWZ. If the Contractor does not intend to perform the contract with the participation of subcontractors, they should enter "not applicable" or a similar phrase in the relevant section of the offer form table.
10. Subcontracting part of the contract does not release the Contractor from responsibility for proper performance of the contract.
11. Reasons for not dividing the contract into parts.
The contract is awarded in two parts constituting separate proceedings. Initiation and conduct of two separate proceedings making up the entire contract is due to the specificity and scope of supplies within the RES project.
Further splitting the contract into parts would cause difficulties in coordination and achieving the designed parameters, increase investment costs especially if the task were divided into supply and then installation, and there would be a problem of "dilution" of liability of those Contractors under warranty. One Contractor would be responsible under warranty for the delivered devices (photovoltaic modules, inverters, energy storage), and the other for their installation. In the event of defects, the Contractor who made the delivery might claim defects are due to faulty installation, whereas the Contractor who installed might claim defects result from the supplied devices. This would create a high risk that costs due to lack of coordination between delivery and installation would fall on the Contracting Authority.
There is also no rational justification for dividing the contract by scope. Such division would increase device prices and installation costs, meaning it is not economically justified (larger contract volumes generate economies of scale reducing the offer price).
12. The contract will be implemented under the National Recovery and Resilience Plan, Investment B2.2.2, RES installations implemented by energy communities, Part B: investment support for energy communities, Measure B.1: Demonstration investment projects implemented by energy communities.

LOT-0001
ZP.271.10.2026.KM
RENEWABLE ENERGY SOURCES IN THE ENERGY CLUSTER OF MYSZKÓW COUNTY ON PUBLIC FACILITIES IN MYSZKÓW MUNICIPALITY.
1. The subject of the contract is the purchase and installation of photovoltaic systems and electric energy storage units on public facilities in the Myszków Municipality (including design, supply, installation, and commissioning), in the following quantities:
- number of photovoltaic installations: 8 units,
- number of electric energy storage units: 18 units,
- number of buildings covered by the project: 7 buildings.
2. The subject of the contract is described in detail in Annex No. 1 to the Specification of Essential Terms of the Contract (SWZ) – Functional and Utility Program, which constitutes the description of the contract subject for this procedure.
3. Type of contract: supply.
4. The contracting authority does not specify requirements regarding accessibility for persons with disabilities, as the nature of this contract does not determine the occurrence of such accessibility requirements.
5. In any case where the description of the contract subject refers to standards, technical assessments, technical specifications, and technical reference systems, referred to in Article 101 (1)(2) and (3) of the Public Procurement Law (Pzp), the contracting authority permits equivalent solutions described and the phrase "or equivalent" accompanies such reference.
6. If submission of certificates issued by a designated conformity assessment body, as mentioned in Article 105 (2) of the Pzp, is required, the contracting authority also accepts certificates issued by other equivalent conformity assessment bodies.
7. A conformity assessment body, as referred to in Article 105 (2) of the Pzp, means a body performing conformity assessment activities including calibration, testing, certification, and inspection, accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (Official Journal EU L 218 of 13.08.2008, p. 30).
8. The contracting authority does not reserve the obligation of personal execution by the Contractor of key tasks under the mode specified in Article 121 of the Pzp concerning work related to the placement and installation of devices within the contract.
9. The Contractor may subcontract part of the contract. The contracting authority requires the Contractor to indicate, in the offer, the parts (scopes) of the contract that are to be subcontracted and to provide the names of any known subcontractors. To this end, the Contractor should provide the relevant information in the offer form, which is Annex No. 3 to the SWZ. If the Contractor does not intend to perform the contract with the participation of subcontractors, they should enter "not applicable" or a similar phrase in the relevant section of the offer form table.
10. Subcontracting part of the contract does not release the Contractor from responsibility for proper performance of the contract.
11. Reasons for not dividing the contract into parts.
The contract is awarded in two parts constituting separate proceedings. Initiation and conduct of two separate proceedings making up the entire contract is due to the specificity and scope of supplies within the RES project.
Further splitting the contract into parts would cause difficulties in coordination and achieving the designed parameters, increase investment costs especially if the task were divided into supply and then installation, and there would be a problem of "dilution" of liability of those Contractors under warranty. One Contractor would be responsible under warranty for the delivered devices (photovoltaic modules, inverters, energy storage), and the other for their installation. In the event of defects, the Contractor who made the delivery might claim defects are due to faulty installation, whereas the Contractor who installed might claim defects result from the supplied devices. This would create a high risk that costs due to lack of coordination between delivery and installation would fall on the Contracting Authority.
There is also no rational justification for dividing the contract by scope. Such division would increase device prices and installation costs, meaning it is not economically justified (larger contract volumes generate economies of scale reducing the offer price).
12. The contract will be implemented under the National Recovery and Resilience Plan, Investment B2.2.2, RES installations implemented by energy communities, Part B: investment support for energy communities, Measure B.1: Demonstration investment projects implemented by energy communities.