1. The subject of the contract is the purchase and installation of photovoltaic systems and electrical energy storage facilities in public buildings in the Myszków Municipality (including design, delivery, installation, and commissioning) in the following quantities:
- number of photovoltaic installations: 8 units,
- number of electrical 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 Terms of Reference – the Functional and Utility Program, which constitutes the description of the subject of the contract for this procedure.
3. Type of contract: supply.
4. The contracting authority does not specify requirements regarding accessibility for people with disabilities, as the nature of this contract does not warrant such requirements.
5. In every case where the description of the subject of the contract refers to standards, technical assessments, technical specifications, and reference systems mentioned in Art. 101 para. 1 item 2 and para. 3 of the Public Procurement Law, the contracting authority allows for equivalent solutions to those described, accompanied by the words "or equivalent."
6. If it is required to submit certificates issued by a specified conformity assessment body mentioned in Art. 105 para. 2 of the Public Procurement Law, the contracting authority also accepts certificates issued by other equivalent conformity assessment bodies.
7. A conformity assessment body mentioned in Art. 105 para. 2 of the Public Procurement Law is understood as a body performing conformity assessment actions, including calibration, testing, certification, and control, accredited according to Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.08.2008, p. 30).
8. The contracting authority does not reserve the obligation for the Contractor to personally perform key tasks in the manner specified in Art. 121 of the Public Procurement Law related to the placement and installation of devices within the scope of this contract.
9. The Contractor may entrust the execution of part of the contract to a subcontractor. The contracting authority requires the Contractor to specify in their offer the parts (scopes) of the contract intended to be entrusted to subcontractors and to indicate the names of any subcontractors if they are already known. For this purpose, the Contractor should provide relevant information in the offer form, which constitutes Annex No. 3 to the Terms of Reference. If the Contractor does not intend to execute the contract with the participation of subcontractors, they should state “not applicable” or other similar wording in the appropriate place in the offer form table.
10. Entrusting part of the contract to subcontractors does not absolve the Contractor from the responsibility for the proper execution of the contract.
11. Reasons for not dividing the contract into parts.
The contract is awarded in two parts as separate proceedings. The initiation and conduct of two separate proceedings making up the entire contract is caused by the specificity and material 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 the designed parameters, increase investment costs, especially if the task were divided into supply and subsequent installation, there would be an issue of "blurring" the responsibility of these contractors under warranty. One Contractor would be responsible under warranty for the delivered devices (photovoltaic modules, inverters, energy storage units) and another for their installation. In case of defects, the Contractor who performed the supply could claim that the defects are due to faulty installation, whereas the Contractor who installed could claim that the defects are due to delivered devices. This would create a high risk that the costs of lack of coordination between supply and installation would fall on the contracting authority.
There is also no rational justification for dividing the contract into parts based on the division of the contract scope. Such division would increase the prices of devices and their installation costs, which means that it is not justified economically (with a larger scope of the contract, the effect of scale reduces the offer price).
12. The order will be executed under the National Recovery and Resilience Plan, Investment B2.2.2, RES Installations implemented by energy communities, Part B: investment support for energy communities, Action B.1: Demonstrative investment projects implemented by energy communities.
LOT-0001
ZP.271.10.2026.KM
RENEWABLE ENERGY SOURCES IN THE MYSZKÓW COUNTY ENERGY CLUSTER FOR PUBLIC FACILITIES IN THE MYSZKÓW MUNICIPALITY.
1. The subject of the contract is the purchase and installation of photovoltaic systems and electrical energy storage facilities in public buildings in the Myszków Municipality (including design, delivery, installation, and commissioning) in the following quantities:
- number of photovoltaic installations: 8 units,
- number of electrical 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 Terms of Reference – the Functional and Utility Program, which constitutes the description of the subject of the contract for this procedure.
3. Type of contract: supply.
4. The contracting authority does not specify requirements regarding accessibility for people with disabilities, as the nature of this contract does not warrant such requirements.
5. In every case where the description of the subject of the contract refers to standards, technical assessments, technical specifications, and reference systems mentioned in Art. 101 para. 1 item 2 and para. 3 of the Public Procurement Law, the contracting authority allows for equivalent solutions to those described, accompanied by the words "or equivalent."
6. If it is required to submit certificates issued by a specified conformity assessment body mentioned in Art. 105 para. 2 of the Public Procurement Law, the contracting authority also accepts certificates issued by other equivalent conformity assessment bodies.
7. A conformity assessment body mentioned in Art. 105 para. 2 of the Public Procurement Law is understood as a body performing conformity assessment actions, including calibration, testing, certification, and control, accredited according to Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.08.2008, p. 30).
8. The contracting authority does not reserve the obligation for the Contractor to personally perform key tasks in the manner specified in Art. 121 of the Public Procurement Law related to the placement and installation of devices within the scope of this contract.
9. The Contractor may entrust the execution of part of the contract to a subcontractor. The contracting authority requires the Contractor to specify in their offer the parts (scopes) of the contract intended to be entrusted to subcontractors and to indicate the names of any subcontractors if they are already known. For this purpose, the Contractor should provide relevant information in the offer form, which constitutes Annex No. 3 to the Terms of Reference. If the Contractor does not intend to execute the contract with the participation of subcontractors, they should state “not applicable” or other similar wording in the appropriate place in the offer form table.
10. Entrusting part of the contract to subcontractors does not absolve the Contractor from the responsibility for the proper execution of the contract.
11. Reasons for not dividing the contract into parts.
The contract is awarded in two parts as separate proceedings. The initiation and conduct of two separate proceedings making up the entire contract is caused by the specificity and material 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 the designed parameters, increase investment costs, especially if the task were divided into supply and subsequent installation, there would be an issue of "blurring" the responsibility of these contractors under warranty. One Contractor would be responsible under warranty for the delivered devices (photovoltaic modules, inverters, energy storage units) and another for their installation. In case of defects, the Contractor who performed the supply could claim that the defects are due to faulty installation, whereas the Contractor who installed could claim that the defects are due to delivered devices. This would create a high risk that the costs of lack of coordination between supply and installation would fall on the contracting authority.
There is also no rational justification for dividing the contract into parts based on the division of the contract scope. Such division would increase the prices of devices and their installation costs, which means that it is not justified economically (with a larger scope of the contract, the effect of scale reduces the offer price).
12. The order will be executed under the National Recovery and Resilience Plan, Investment B2.2.2, RES Installations implemented by energy communities, Part B: investment support for energy communities, Action B.1: Demonstrative investment projects implemented by energy communities.