The subject of the contract is the supply of electricity within the meaning of the Act of 10 April 1997 - Energy Law (i.e. Journal of Laws of 2022, item 1385, as amended - hereinafter referred to as the EP) to the University of Economics in Krakow.
A detailed description of the subject of the contract, including the list and addresses of energy consumption points (PPE) of the Ordering Party is specified in the following annexes to this SWZ: Appendix No. 1 – Description of the subject of the contract.
The estimated maximum amount of ordered electricity (volume) is 8011 MWh, in accordance with Appendix No. 1 to the Agreement.
The contracting authority is the final customer within the meaning of Article 3(13a) of the EP, which is not subject to the obligations set out in Article 9a(1) of the EP.
The contracting authority within the scope of its core business is an eligible customer within the meaning of the Act of 27 October 2022 on emergency measures aimed at limiting electricity prices and supporting certain customers in 2023.
A detailed description of the subject of the contract, including the list and addresses of energy consumption points (PPE) of the Ordering Party is specified in the following annexes to this SWZ: Appendix No. 1 – Description of the subject of the contract.
The estimated maximum amount of ordered electricity (volume) is 8011 MWh, in accordance with Appendix No. 1 to the Agreement.
The Ordering Party guarantees the performance of the Agreement in the amount of at least 70% of the estimated amount of electricity.
The amounts of electricity for individual PPE specified in Annex 1 - Description of the Subject of the Order have been given as anticipated and indicative for the purpose of calculating the offer.
The contracting authority is the final customer within the meaning of Article 3(13a) of the EP, which is not subject to the obligations set out in Article 9a(1) of the EP.
The contracting authority within the scope of its core business is an eligible customer within the meaning of the provisions of the Act of 27 October 2022 on extraordinary measures aimed at limiting electricity prices and support for certain customers in 2023 (Journal of Laws, item 2243, as amended).
The contracting authority has the legal title to use the facilities to which electricity is to be supplied.
Electricity supplies will take place under the conditions specified in the EP regulations, in accordance with the applicable implementing regulations to the EP and the provisions of the Civil Code of 23 April 1964 (Journal of Laws of 2022, item 1360, as amended), the rules set out in concessions, the provisions of the model contract, as well as based on the Public Procurement Law.
The order concerns only the terms of electricity supply and does not include activities related to the distribution of electricity, connection, metering and energy quality, falling within the scope of separate agreements for the provision of distribution services, which will be concluded by the Ordering Party with the Distribution System Operator.
If the provision of electricity supply requires it, the Contractor shall conclude appropriate distribution agreements in the property of the Contracting entity with the relevant Network Operator, taking into account the guidelines of the Contracting Entity, on the basis of a power of attorney constituting Annex 2 to the model contract.
The Contractor shall carry out the procedure of changing the electricity supplier on the basis of the power of attorney granted by the Contracting entity (if necessary).
As at the date of commencement of electricity supplies, the Contractor must have concluded general distribution agreements with all Distribution System Operators in the area of which the Ordering Party's PPE is located.
The terms of payment are specified in the model agreement constituting Annex 2 to the SWZ.