1. The subject of the contract is the purchase and installation of photovoltaic systems and electric energy storage units at public facilities in the Myszków Municipality (including design, delivery, installation, and commissioning), in the following quantities:
- number of photovoltaic installations: 8 units,
- number of electric energy storages: 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 Terms of Reference – the Functional and Utility Program constituting the description of the subject of the contract for this procedure.
3. Type of contract: supplies.
4. The contracting authority does not specify accessibility requirements for persons with disabilities, as the nature of this contract does not imply the application of accessibility requirements for persons with disabilities.
5. In every case, when the description of the subject of the contract refers to standards, technical assessments, technical specifications, and systems of technical references, referred to in Art. 101(1)(2) and (3) of the Public Procurement Law, the contracting authority allows solutions equivalent to those described, accompanied by the words "or equivalent."
6. If submitting certificates issued by a specified conformity assessment body referred to in Art. 105(2) of the Public Procurement Law is required, the contracting authority also accepts certificates issued by other equivalent conformity assessment bodies.
7. A conformity assessment body referred to in Art. 105(2) of the Public Procurement Law 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 (OJ EU L 218, 13.08.2008, p. 30).
8. The contracting authority does not reserve the obligation for the contractor to personally perform key tasks, under the procedure set forth in Art. 121 of the Public Procurement Law regarding works related to the placement of equipment and their installation within the subject of this contract.
9. The contractor may entrust the performance of part of the contract to subcontractors. The contracting authority requires the contractor to indicate in the offer the parts (scopes) of the contract that they intend to subcontract and provide the names of potential subcontractors if already known. For this purpose, the contractor should provide the appropriate information in the offer form attached as Annex No. 3 to the Terms of Reference. If the contractor does not intend to perform the contract with subcontractors, they should enter "not applicable" or a similar phrase in the relevant place of the offer form table.
10. Entrusting parts of the contract to subcontractors does not release the contractor from responsibility for proper contract performance.
11. Reasons for not dividing the awarded contract into parts.
The contract is awarded in two parts constituting separate proceedings. Initiating and conducting two separate procedures that together make up the entire contract is caused by the specificity and scope of supplies within the RES project.
Further division of the awarded contract into parts would cause difficulties in contract execution regarding coordination and achieving design parameters, increase investment costs, especially if the task were separated into delivery and then installation, which would cause the problem of “dilution” of liability among contractors under warranty. One contractor would bear warranty responsibility for delivered devices (photovoltaic modules, inverters, energy storages), and another for their installation. In case of defects, the contractor who delivered might claim defects are due to faulty installation, while the installer might claim defects resulted from 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 into parts based on the scope division. Such division would increase equipment prices and installation costs, meaning it is not economically justified (larger contract scope results in scale effects lowering 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 carried out by energy communities.
LOT-0001
ZP.271.10.2026.KM
RENEWABLE ENERGY SOURCES IN THE ENERGY CLUSTER OF MYSZKÓW COUNTY ON PUBLIC FACILITIES IN THE MYSZKÓW MUNICIPALITY.
1. The subject of the contract is the purchase and installation of photovoltaic systems and electric energy storage units at public facilities in the Myszków Municipality (including design, delivery, installation, and commissioning), in the following quantities:
- number of photovoltaic installations: 8 units,
- number of electric energy storages: 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 Terms of Reference – the Functional and Utility Program constituting the description of the subject of the contract for this procedure.
3. Type of contract: supplies.
4. The contracting authority does not specify accessibility requirements for persons with disabilities, as the nature of this contract does not imply the application of accessibility requirements for persons with disabilities.
5. In every case, when the description of the subject of the contract refers to standards, technical assessments, technical specifications, and systems of technical references,
referred to in Art. 101(1)(2) and (3) of the Public Procurement Law, the contracting authority allows solutions equivalent to those described, accompanied by the words "or equivalent."
6. If submitting certificates issued by a specified conformity assessment body referred to in Art. 105(2) of the Public Procurement Law is required, the contracting authority also accepts certificates issued by other equivalent conformity assessment bodies.
7. A conformity assessment body referred to in Art. 105(2) of the Public Procurement Law 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 (OJ EU L 218, 13.08.2008, p. 30).
8. The contracting authority does not reserve the obligation for the contractor to personally perform key tasks, under the procedure set forth in Art. 121 of the Public Procurement Law regarding works related to the placement of equipment and their installation within the subject of this contract.
9. The contractor may entrust the performance of part of the contract to subcontractors. The contracting authority requires the contractor to indicate in the offer the parts (scopes) of the contract that they intend to subcontract and provide the names of potential subcontractors if already known. For this purpose, the contractor should provide the appropriate information in the offer form attached as Annex No. 3 to the Terms of Reference. If the contractor does not intend to perform the contract with subcontractors, they should enter "not applicable" or a similar phrase in the relevant place of the offer form table.
10. Entrusting parts of the contract to subcontractors does not release the contractor from responsibility for proper contract performance.
11. Reasons for not dividing the awarded contract into parts.
The contract is awarded in two parts constituting separate proceedings. Initiating and conducting two separate procedures that together make up the entire contract is caused by the specificity and scope of supplies within the RES project.
Further division of the awarded contract into parts would cause difficulties in contract execution regarding coordination and achieving design parameters, increase investment costs, especially if the task were separated into delivery and then installation, which would cause the problem of “dilution” of liability among contractors under warranty. One contractor would bear warranty responsibility for delivered devices (photovoltaic modules, inverters, energy storages), and another for their installation. In case of defects, the contractor who delivered might claim defects are due to faulty installation, while the installer might claim defects resulted from 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 into parts based on the scope division. Such division would increase equipment prices and installation costs, meaning it is not economically justified (larger contract scope results in scale effects lowering 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 carried out by energy communities.