Providing comprehensive lighting services in the Markusy Commune Text automatically translated in your browsing language Automatically translated

The subject-matter of the contract is the provision of a comprehensive lighting service for streets, roads and other open public areas in the municipality of Markusy (hereinafter referred to as the ‘Area’), that is to say, to take all necessary steps to provide lighting in that Area, using the infrastructure in its possession, under the conditions laid down in this Agreement (the ‘Comprehensive Service’) on the basis of a direct contract in accordance with Article 214(1)(b) and (c) of Regulation (EC) No 44/2001. 1(1)(a) and (b) of the Public Procurement Law Act of 11 September 2019. The contracting authority is obliged to meet the collective needs of the community, inter alia in the field of electricity supply. In view of the above, the Ordering Party intends to award the contract directly to ENERGA Oświetlenie Sp. z o.o. with its registered office in Sopot at ul. Grottgera 7, in accordance with Art. 1 point 1 (a) and (b) of the PPL Act, which provides that the Contracting Authority may award the contract directly if at least one of the following circumstances applies: – supplies, services or works may be supplied by only one economic operator for the following reasons: a) technical of an objective nature, b) related to the protection of exclusive rights resulting from separate provisions, each of the above-mentioned conditions constituting an independent basis for the award of the contract in the form of a procedure. Justification: a) ENERGA Oświetlenie is the only company that has the legal title to the lighting infrastructure equipment located on the premises of the Ordering Party, therefore no other entity objectively has the equipment, equipment (receiving equipment) technically and technologically necessary for the provision of a comprehensive lighting service. In such a case, technical considerations of an objective nature militate in favour of awarding the contract only to that company. Justification: b) The public contract may be awarded to the ENERGA Lighting Company in a direct mode, in connection with the protection of the Company's property rights to the lighting infrastructure. Any award of this contract to any other entity would lead to a breach of this right by the Contracting Authority and the Contractor. According to the aforementioned provision, the Contracting Authority may award a contract directly if supplies, services or works can be provided by only one economic operator for reasons related to the protection of exclusive rights resulting from separate provisions. The right to property remains the exclusive right with the widest degree of effectiveness. In each case, therefore, in order to perform the contract, it is necessary to use elements of the infrastructure owned by the ENERGA Lighting Company or it is necessary to interfere with them. The provisions of the Civil Code and the Energy Law provide for the right of the plant that owns the equipment to make decisions regarding the entity that will carry out work related to the maintenance of lighting points in a proper technical condition. The subjective right is an absolute right and its violation gives rise to claims on the part of the owner specified in the Civil Code. The above-mentioned factual and legal situation indicates that the conditions laid down in Article 214(1)(1)(b) of the Public Procurement Act are met, i.e. reasons related to the protection of exclusive rights arising from separate provisions – for the award of the public contract in question in order to ensure the performance of the municipality’s own task. Text automatically translated in your browsing language Automatically translated

50232100 - Street-lighting maintenance services