1. The subject of the contract is the purchase under comprehensive agreements of gas fuel and its distribution for the needs of organizational units of the Pomeranian Voivodeship and other entities.
2. Pursuant to Article 38 of the PPL Act, the Contracting Authority of the Pomeranian Voivodeship acts on behalf of itself and on behalf of the purchasing group within the framework of the concluded agreement, on the basis of the authorizations granted to conduct this public procurement procedure.
3. Each Ordering Party (being in the purchasing group), after selecting the most advantageous offer, undertook to conclude an agreement with the entity selected in this procedure.
This proceeding shall be conducted in an unlimited tender mode, in accordance with the principles laid down by the Pzp Act for a classical contract with an estimated value equal to or exceeding the Union thresholds.
1.The subject of the contract is the purchase under comprehensive agreements of gas fuel and its distribution for the needs of organizational units of the Pomeranian Voivodeship and other entities.
2.The sale of gaseous fuel will take place under the conditions specified in the provisions of the Act of 10.04.1997. Energy Law, i.e. Journal of Laws of 2022, item 1385) and the implementing regulations issued on its basis, in particular: Announcement of the Minister of Energy of 16.05.2018. on the publication of a uniform text of the Regulation of the Minister of Economy on the detailed conditions for the functioning of the gas system (Journal of Laws of 2018, item 1158), the Regulation of the Minister of Energy of 15.03.2018 on detailed rules for shaping and calculating tariffs and settlements in the trade in gaseous fuels and the Regulation of the Minister of Energy of 22.09.2019 amending the Regulation on detailed rules for shaping and calculating tariffs and settlements in fuel trade gas (Journal of Laws of 2018, item 640 and Journal of Laws of 2019, item 1904 (Amending Regulation) as well as the Act of 26.01.2022 on special solutions for the protection of gas fuel customers in connection with the situation on the gas market (Journal of Laws of 2022, item 202), and in accordance with the tariff for gas fuel DSO, as well as the provisions of the Civil Code, the provisions of the Agreement, the provisions of the Specification of The Terms of The Contract and the rates contained in the offer form for a given point of consumption.
3.The law applicable to this order (including the contract concluded as a result of this procedure and to the assessment of the legal effects of all documents in this order) is Polish law, taking into account the law of the European Union.
4. The subject of the contract has not been divided into parts: The subject of the contract has set quality parameters, which are specified in the Energy Law. For economic reasons, the subject of the contract was not divided into parts. By dividing the contract in question into parts, it would not be possible to achieve the above-mentioned effect due to the lack of economies of scale, which for a potential contractor results in ensuring the sale of an attractive, relatively large volume of energy under a stable, safe contract during the period of performance of the subject of the contract. In addition, another condition for the lack of division of this contract into lots is its subject identity, temporal identity and the possibility of performing the contract by a single contractor. Dividing the contract into lots would certainly result in excessive costs of its organisation and, with such a large number of energy consumption points, also excessive technical difficulties. In addition, it should be noted that the need to coordinate actions in the event of division into parts would jeopardize the proper performance of the entire contract.
5. The Contracting Authority does not reserve the right to apply for a contract only by the Contractors referred to in Article 94 of the PPL Act.
6. The Ordering Party does not allow the possibility of submitting a variant offer referred to in Article 92 of the PPL Act, i.e. an offer providing for a different way of performing the contract than specified in this SWZ.
7.In all provisions of the SWZ and its annexes, in which the Contracting Party, due to the inability to describe the subject of the contract in a sufficiently precise and understandable way, refers to standards, technical assessments, technical specifications or technical reference systems, or trademarks, patents, sources of origin or specific processes that characterize products or services provided by a particular contractor are indicated, in accordance with Article 99(5) and Article 01(4) of the PPL Act, the Contracting Authority shall allow equivalent solutions.
CD SECTION VI.3