1. The subject of the contract is the supply 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 performance of necessary accompanying general construction works as well as an energy production monitoring system.
2. The scope of the contract and its description are included in the Terms of Reference (TOR) and its annexes, i.e., the detailed description of the subject of the contract (OPZ), and the drafted contract provisions.
3. Pursuant to the content of Article 95(1) of the Public Procurement Law, the Contracting Authority informs that it imposes requirements regarding the employment by the Contractor or Subcontractor on the basis of an employment relationship of persons performing activities in connection with the execution of the contract consisting of performing work in the manner specified in Article 22 § 1 of the Act of June 26, 1974 – Labour Code (consolidated text Journal of Laws of 2020, item 1320, as amended).
Details concerning the above-mentioned requirement, the method of verifying employment, and the rights of the Contracting Authority regarding control are included in the drafted contract provisions, which constitute an annex to the TOR.
4. The contract is subject to 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 Priority: FESL.10.00 - European Funds for Transition for Action: FESL.10.06 - Development of distributed energy based on renewable energy sources.
5. The Contracting Authority does not allow the submission of variant offers.
6. The Contracting Authority does not allow the submission of partial offers for the subject of this contract.
Despite the dispersion of the buildings, the contract constitutes a functional and technically connected whole. The scope of work includes the installation of photovoltaic systems according to uniform technical requirements, including the supply of equipment and materials, assembly of structures and photovoltaic modules, execution of electrical installations, connection to existing infrastructure, system configuration, as well as 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 execution for all installations, compatibility of the devices used, and unambiguous assignment of responsibility for the proper functioning of the entire contract to one contractor. Dividing the contract between several contractors could cause difficulties in coordinating work, determining responsibility for potential irregularities, and with respect to warranty and service.
Individual locations do not constitute separate functional objects of the contract but are elements of one investment project implemented according to common assumptions and requirements.
Additionally, conducting a single procedure allows for efficient coordination of implementation, cost reduction, and ensuring uniform warranty and service conditions for all completed installations.
Therefore, it is considered that the lack of division of the contract into parts is justified by technical, organizational, and economic reasons, and the execution of the entire contract scope within one procedure will maintain technical and organizational consistency of the project and enable the Contractor to implement integrated monitoring of all installations covered by this contract.
Moreover, in the Contracting Authority’s opinion, the lack of division of the contract into parts does not limit quantitatively or qualitatively the possibility for Small and Medium Enterprises to participate.
The decision on dividing the contract into parts rests with the Contracting Authority in accordance with the Public Procurement Law and its provisions stipulating the obligation to divide the contract into parts by contracting authorities. Article 91(1) of the Public Procurement Law should be interpreted jointly with Article 91(2) of the Act to examine whether the reasons for omitting the division of the contract do not violate the principles of the procedure expressed in Article 16(1) of the Public Procurement Law. The lack of division of this contract into parts does not limit the principle of fair competition in any way. Article 91(1) indicates that the Contracting Authority may award the contract in parts – thus it does not constitute an obligation for the Contracting Authority and no claim can be made against the Contracting Authority for not dividing it. Article 91(2) creates the obligation to include justification in the procedure documents if the contract is not divided. This is an informational obligation, whose fulfillment can be verified. Therefore, the content of the justification presented by the Contracting Authority is important.
LOT-0001
ZP.271.33.2026
Green Energy – Construction of RES Installations in the Municipality of Bieruń.
1. The subject of the contract is the supply 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 performance of necessary accompanying general construction works as well as an energy production monitoring system. 2. The scope of the contract and its description are contained in the TOR and its annexes i.e.: the detailed description of the subject of the contract (OPZ), and the drafted contract provisions. 3. Pursuant to Article 95(1) of the Public Procurement Law, the Contracting Authority informs that it imposes requirements concerning employment by the Contractor or Subcontractor based on an employment relationship of persons performing activities related to contract execution in the manner specified in Article 22 § 1 of the Labour Code (consolidated text Journal of Laws 2020, item 1320, as amended).
Details regarding the above requirement, verification methods, and the rights of the Contracting Authority regarding inspections are included in the drafted contract provisions attached to the TOR. 4. The contract is subject to financial support: The project is co-financed from European Union funds within 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 renewable energy sources. 5. The Contracting Authority does not allow variant offers. 6. The Contracting Authority does not allow partial offers within this contract - justification in section 2.1 of the Announcement. 7. The Contracting Authority does not require the personal execution of key parts of the contract by the Contractor. 8. The Contracting Authority did not specify requirements related to contract implementation as referred to in Article 96 of the Act in the description of the subject of the contract. 9. The Contracting Authority does not foresee limiting eligibility to contractors referred to in Article 94 of the Act. 10. The Contracting Authority informs that it does not plan to award contracts as referred to in Article 214(1)(7) and (8) of the Act. 11. The Contracting Authority does not intend to organize site visits for contractors nor require offers to be submitted after site visits or verification of documents referred to in Article 131(2) of the Act. 12. Settlements between the Contracting Authority and future Contractors will be made in Polish zloty. The Contracting Authority does not foresee settlements in foreign currencies. 13. The Contracting Authority does not foresee reimbursement of costs incurred in participation in the procedure. 14. The Contracting Authority does not foresee concluding a framework agreement. 15. The Contracting Authority does not foresee establishing a dynamic purchasing system. 16. The Contracting Authority does not foresee using electronic auctions. 17. The Contracting Authority does not foresee submission of offers in the form of electronic catalogues. 18. The Contracting Authority may cancel the public procurement procedure if the public funds intended for financing all or part of the contract have not been granted.
19. CPV codes pertaining to the subject of the contract:
main subject:
09331200-0 Solar photovoltaic modules
auxiliary codes:
09332000-5 Solar installations
31121110-4 Power converters
44112110-5 Roof structures
45111200-0 Site preparation and earthworks
45261215-4 Roofing with solar panels
45310000-3 Electrical installation works
45311000-5 Electrical wiring and installation works
45312310-3 Lightning protection
45400000-1 Finishing works related to buildings
51112000-0 Installation services of energy control and transmission equipment.