1.The subject of the contract is a comprehensive supply of gaseous fuel – the supply of high-methane natural gas with the symbol E together with the distribution service – in the period from 01.01.2023. until 31.12.2023 up to 550 collection points (PPG). The projected amount of gaseous fuel is 6 980 116 m3 (79 573 332 kWh using a conversion factor of 11.4). The above data are indicative. The contractor should take into account possible fluctuations in collection. Reducing or increasing the amount of gaseous fuel does not entail any consequences for the ordering party (recipients), except for the need to pay for the amount of gas actually taken and transmission services in accordance with the applicable DSO Tariff.
2. Details of gaseous fuel consumption, distribution parameters at individual points of consumption are described in Annex 1 to SWZ - PPG List.
SWZ Specification of The Terms of Contract
The Ordering Party acts in these proceedings through a proxy - Pomorska Grupa Konsultingowa S.A. with its registered office in Bydgoszcz
1. PpG was subject to the proceeding, in which customers are "subject to tariff protection", i.e. customers referred to in Article 62b(1)(2) of the Pe Act and customers not covered by this protection. In Annex 1 to the SWZ, the contracting authority indicated to which PPG the provisions related to tariff protection apply, and if so - according to which percentage. The contracting authority (recipients), together with signing the contract with the contractor whose offer will be selected as the most advantageous, will submit appropriate Statements of the recipient of gaseous fuels (from Article 62ba and / or Article 62bb of the Pe Act) according to the template established in the Regulation on the protection of gas customers.
2. Quality standards
1) The subject of the contract are the supply of high-methane natural gas via the distribution network of Polska Spółka Gazownictwa sp. z o.o. with quality standards specified in accordance with applicable regulations, along with the transmission service. Deliveries and distribution services provided on the basis of a comprehensive agreement will be performed under the conditions set out in the provisions of the Pe Act and the implementing provisions of the Act and in accordance with the provisions of the DSO Tariff.
2) The quality parameters of gaseous fuels are regulated by the provisions of the Energy Law, implementing acts, in particular the Regulation of the Minister of Energy of 15.03.2018. on the detailed rules for the formation and calculation of tariffs and settlements in the trade in gaseous fuels Regulation of the Minister of Economy of 02.07.2010. on the detailed conditions for the operation of the gas system amended by the Regulation of the Minister of Climate and Environment of 6.08.022 amending the Regulation on the detailed conditions for the functioning of the gas system and Polish Standards.
3. The Contractor, based on the Power of Attorney granted, will be obliged to report on its own behalf and on behalf of the ordering party the DSO agreement in accordance with applicable regulations and to represent it before the DSO in the process of changing the seller
4.The Ordering Party indicates PGNiG Obrót Detaliczny sp. z o.o. as the reserve supplier.
5. Settlement periods result from the Tariff for the provision of distribution services, subject to the provisions contained in the Proposed Provisions of the Agreement (Annex 9 to SWZ)
6. For all PPG, gaseous fuel deliveries are made on the basis of contracts that expire/will be terminated on the day preceding the planned date of commencement of deliveries - the contractor will not be obliged to terminate the contracts. Nevertheless, the contracting authorities will submit, together with the conclusion of comprehensive Agreements (on the template used by the contractor), a Statement on the total/partial termination of the currently applicable contracts.
7.Excise declarations (on the use of gaseous fuel for the purpose of calculating excise duty) will be forwarded to the contractor on the date of conclusion of contracts for the comprehensive supply of natural gas.
8. The condition for the commencement of deliveries within the indicated (in relation to individual PPGs) is the effective expiry of existing contracts and the effective implementation of the procedure for changing the seller. The Ordering Party does not have promotional / loyalist agreements preventing the conclusion of contracts or commencement of deliveries within the period indicated in Annex 1 to SWZ.
9. The Contracting Authority reserves the possibility of taking advantage of Article 139 (1) of Pzp, i.e. the possibility of examining and evaluating tenders in the first place, and then making the qualifications of the contractor whose offer has been the highest rated, in the absence of grounds for exclusion and fulfilment conditions of participation in the proceedings.
10. Sanctions Act - Act of 13 April 2022 on special solutions in the field of counteracting support for aggression against Ukraine and protecting national security (Journal of Laws of 2022, item 835)
11. Regulation (EU) 833/2014 - Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (Dz. EU L. 2014 No 229 p. 1)