Poland – Solar photovoltaic modules – Budowa instalacji fotowoltaicznych dla oczyszczalni ścieków oraz stacji uzdatniania wody na terenie Gminy Sośnicowice

1.1. The subject of the contract is the design, supply and installation of photovoltaic systems with a total capacity of at least 165,545 kWp for the following facilities:

1.1.1. Sewage treatment plant in Sierakowice (ul. Leśna, 44-156 Sierakowice);

1.1.2. Sewage treatment plant in Trachy (ul. Raciborska 78, 44-153 Trachy);

1.1.3. Water treatment station in Rachowice (ul. Do Groty, 44-156 Rachowice);

1.1.4. Water treatment station in Sierakowice (ul. Kozielska, 44-156 Sierakowice);

1.1.5. Water treatment station in Sośnicowice (ul. Św. Jakuba, 44-153 Sośnicowice).

1.2. The contract includes services (design work), supplies (equipment supply) and construction works (installation works), with supplies being the main service in the current factual state.

1.3. The subject of the contract and the conditions for its implementation are specified in detail by:

1.3.1. the functional-user programme (PFU);

1.3.2. the draft contract clauses.

1.4. The list of materials in the functional-user programme serves only as an auxiliary function and is not binding for the tender evaluation.

1.5. If the tender documents specify trademarks, patents, origin, sources or specific processes characterising the products, materials, solutions or services provided by a specific contractor, manufacturer, or standards and other references referred to in Article 101(1)(2) or (3) of the Act, they should be treated as examples. The Contracting Authority allows the offering of equivalent materials or solutions. Equivalent materials, devices or solutions are those with parameters not worse than required, and if minimum parameters have not been specified, this means materials, devices or solutions with similar parameters, suitable for the required application, including in terms of functional identity, type and quality of materials and technical data.

1.6. The Contracting Authority does not allow the submission of partial tenders for the reasons stated below. This contract is awarded in parts, each of which is the subject of a separate tender procedure. Each part is characterised by a comprehensive scope of performance in the design and build formula. Allowing partial tenders would result in excessive technical and organisational difficulties arising from the dispersal of the Contractor's responsibility for both its execution and after-sales service (warranty and service). It could also lead to significant differences in the scope and quality of services, supplies and construction works at the various facilities of the Contracting Authority. It should also be noted that the subject contract is characterised by a certain degree of repeatability, which facilitates its execution and allows costs to be reduced if it is not excessively diversified. Allowing partial tenders would not increase competitiveness (including increasing accessibility for the SME sector), as this is a small-scale contract that can be executed by the same circle of Contractors from the SME sector as the individual elements of the contract. At the same time, the non-admission of partial tenders does not limit competition, nor does it constitute an inconsistency with the provisions of the Pzp.

3.8. The Contracting Authority does not require the submission of the subject evidence with the tender. The method of verifying the fulfilment of the required parameter, referred to in the technical specifications in the PFU, relates to the stage of contract implementation.

3.9. The Contracting Authority does not allow the submission of variant tenders.

3.10. The Contractor may entrust the execution of part of the contract to a subcontractor.

3.11. In accordance with Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, it is prohibited to execute a public contract with the participation of subcontractors, suppliers or entities, on whose capabilities the Contracting Authority relies in the sense of Directive 2014/24/EU, in the event that more than 10% of the value of the contract falls on them.

3.12. The Contracting Authority does not reserve the obligation for the Contractor to personally execute key tasks.