Poland – Construction work – Modernizacja źródeł ciepła wraz z montażem fotowoltaiki oraz systemu zarządzania energią (BMS) w budynkach celem poprawy efektywności energetycznej budynków Narodowego Instytutu Onkologii im. Marii Skłodowskiej-Curie – Państwowego Instytutu Badawczego Oddziału w Gliwicach.

The subject of the contract is the implementation of a comprehensive modernisation of heat sources, including the installation of photovoltaics and a building management system (BMS) in the buildings of the National Institute of Oncology named after Maria Skłodowska-Curie – National Research Institute, Gliwice Branch, hereinafter referred to as the “Contracting Authority”, based on an energy efficiency improvement agreement (hereinafter also: “Project”). 2. The Contracting Authority envisages the comprehensive implementation of the Project by the selected Contractor, whose tasks will be: 1) to carry out an ex-ante audit in order to meet the requirements specified in the subsidy agreement, 2) to ensure the financing necessary for the implementation of the investment part of the Project; 3) to prepare complete design and execution documentation based on the functional-user programme, including an energy audit containing the ecological effect, including obtaining the necessary administrative decisions on behalf of and for the benefit of the Public Entity and other agreements and permits required by law; 4) to carry out all construction and installation works, including technical commissioning in the facilities in accordance with the prepared design documentation and the Construction Law of 7 July 1994 (i.e. Journal of Laws of 2026, item 524, as amended); 5) to carry out an ex-post audit - in order to meet the requirements specified in the subsidy agreement; 6) to monitor the level of energy consumption in the facilities, control and programme the installations and heating and electrical equipment (manage energy management) in accordance with the purpose and needs of the facilities in order to achieve the savings declared in the offer during the period of validity of the agreement. 3. The Contracting Authority will be obliged to make the facilities available for the implementation of the Project and to pay the Contractor the remuneration due to him, the final amount of which will depend on the savings achieved in energy consumption and the manner in which the facility maintenance services are provided. 4. The Contracting Authority envisages the co-financing of the Contractor's remuneration from external funds obtained under the European Funds for Infrastructure, Climate and Environment (FEnIKS) Programme for 2021-2027 – priority programme “Improving the energy efficiency of public utility buildings (including the installation of RES). Pilot in the area of improving the energy efficiency of public utility buildings implemented in the EPC/ESCO formula”. 5. The preliminary subject of the contract and the timetable for the procedure are set out in Annex 1 to the Notice – Description of Needs and Requirements (hereinafter also: “OPIW”). 6. The envisaged duration of the Agreement (EPC Agreement) is 7 years (including a maximum 2-year investment phase and a 5-year management phase). The final duration of the Agreement will be specified in the Terms of Contract Specification on the basis of the arrangements made during the competitive dialogue. 7. Taking into account the competitive dialogue formula – the detailed scope of the thermo-modernisation and construction works planned for implementation, technical solutions, the duration of the EPC Agreement, the financing model, the principles of remuneration settlement and the division of tasks and risks will be specified in the Terms of Contract Specification on the basis of the arrangements made during the competitive dialogue and on the basis of the analysis and selection by the Contracting Authority of the solutions proposed by the Contractors. 8. By the Contractor – a party as referred to in art. 7 point 30 of the Public Procurement Law of 11 September 2019 (i.e. Journal of Laws of 2026, item 793, as amended) (hereinafter: “Public Procurement Act”), a private partner within the meaning of art. 2 point 2 of the Public-Private Partnership Act of 19 December 2008 (i.e. Journal of Laws of 2023, item 1637) (hereinafter: “PPP Act” and a service provider within the meaning of art. 7(4) of the Energy Efficiency Act of 20 May 2016 (i.e. Journal of Laws of 2025, item 711) (hereinafter: “Energy Efficiency Act”). 9. By the Contracting Authority – a public entity within the meaning of art. 2 point 1 of the PPP Act and a public sector entity within the meaning of art. 2 point 8 of the Energy Efficiency Act.