The subject of the contract is successive deliveries of milk and commercial milk products for a period of 12 months in the assortments and quantities specified in the price form constituting Appendix No. 2 to the Terms of Reference and in accordance with the draft provisions of the agreement constituting Appendix No. 4 to this Terms of Reference.

The Contracting Authority shall inform that in this procedure carried out by unlimited tender, it provides for the possibility of applying the procedure referred to in Article 139 (1) of the Law p.z.p. The Contracting Authority shall first examine and evaluate the tenders, and thereafter shall make the subject qualification of the Contractor whose offer has been highest assessed in the absence of grounds for exclusion and fulfilment of the conditions of participation in the proceedings.

1. The subject of the contract is successive deliveries of milk and commercial milk products for a period of 12 months in the assortments and quantities specified in the price form constituting Appendix No. 2 to the Terms of Use and in accordance with the proposed provisions of the agreement constituting Appendix No. 4 to this Terms of Reference.

2. The goods delivered by the Contractor must meet the quality requirements and properties specified by the Ordering Party, be wholesome, fresh, with a best-before date allowing for proper use of the product, high quality in terms of organoleptic properties (appearance, taste, smell, etc.), packed in original factory-sealed packaging, without contamination, without physical damage disqualifying the goods and their production must be consistent (depending on type of product) with the principles of GMP (Good Manufacturing Practice), GHP (Good Hygiene Practice), and HACCP (Food Safety Management System).

3. The Parties agree that the disqualifying features of the delivered goods are in particular: foreign tastes, smells, bitter taste, musty taste, insipid taste, impurities, including organic contaminants, symptoms of mold, spoilage, mechanical damage, including deformation, crushing, tearing, as well as the presence of pests and their residues, lack of packaging labelling in accordance with the provisions of applicable law.

4. The goods delivered by the Contractor must be admitted to trading in the Republic of Poland and meet all quality standards appropriate to a given type of products and requirements resulting from the provisions of applicable law, in particular:

1) the Act of 25 August 2006 on food and nutrition safety

(Journal of Laws of 2023, item 1448, as amended);

2) the Act of 21 December 2000 on the commercial quality of agricultural and food products

(Journal of Laws of 2022, item 1688, as amended);

3) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002; laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 2002.31.1);

4) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April

2004 on the hygiene of foodstuffs (OJ L 2004.139.1);

5) Regulation (EC) No 369/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in food

and feed of plant and animal origin and on their surface, amending Council Directive 91/414/EEC (OJ L EU L 2005.70.1 of 16.03.2005 as amended. amended)