Article 388(1) in conjunction with Article 214(1) shall apply to the award of the contract. 1(1)(a) of the Public Procurement Law Act of 11 September 2019 (Journal of Laws 2021/2023, item 1129 1605, i.e.), which gives rise to the possibility of awarding a contract directly if: 1) supplies, services or works may be provided by only one economic operator for the following reasons: technical measures of an objective nature, where there is no reasonable alternative or substitute and the absence of competition is not the result of a deliberate narrowing of the parameters of the contract. FACTS: On the Wielopole station are built field controllers from the times of modernization of the Wielopole station carried out in 2002. These are devices manufactured by Mikronik. According to the letter of 14 November 2022, the company stopped servicing the devices as of 1 June 2023. Currently, the manufacturer does not offer any support for the supply of spare parts. In recent years, there have been numerous driver failures, since 2017, a total of 317 faults have been registered in the AWAR system. The current SSiN does not allow the connection of new devices, which is due to outdated central units and limitations of network switches. Therefore, it is not possible to connect the field controllers necessary to connect the new unit – block G-P TECHNICAL CAUSES WITH OBJECTIVE CHARACTERISTICS: in the current situation, the 400kV switchgear can only be upgraded by the manufacturer of the current system, Mikronika. The rule is that at each station belonging to PSE, one control system SSiN is implemented, which includes field controllers of One system manufacturer; there is no technical possibility of rebuilding the SSIN on one of the switchgear, in this case 400kV, by using field controllers from another manufacturer. When using field controllers or an SSiN control room system from another manufacturer, it would be necessary to replace field controllers in all switchboards of the controller stations, including 220kV, 110kV and SN. NO REASONABLE ALTERNATIVE SOLUTION: if the SSN system were to be replaced by a system from another manufacturer, much more work would have to be carried out, including the replacement of wiring from kiosks to field installations; the choice of another device provider would make it impossible to maintain the continuity of data transmission to the parent centres; for the time of replacement of field controllers, the SSN would be deprived of logic blocks; SE Wielopole is a station that takes part in the international transmission of power. The quick replacement of SSiN devices allows to ensure a higher level of safety not only of the station, but also has an impact on the stability of the entire PPS; the use of the recovery method makes it possible to increase the level of cyber security by using the latest devices with the latest security mechanisms in place; the current manufacturer has the most knowledge about SE Wielopole, has device configurations, thanks to which it is able to carry out work with the shortest possible field shutdowns; when restoring in the scope of the visualization system (HMI), the project database is not created from scratch, it is converted to the current version without the need to create it from the beginning; experience has shown that the time needed to replace one field controller is 3-5 working days, which in the case of the use of equipment from another manufacturer is not possible due to an incomparably larger range of changes (the size of the equipment remains the same).
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