The subject of this proceeding is the supply of electricity to facilities (energy consumption points, hereinafter also PPE) listed in Annex 1 to the SWZ – description of the subject of the contract, in the amount of 1 222 190 kWh,

1. The subject of these proceedings is the supply of electricity to facilities (energy consumption points, hereinafter also PPE) listed in Annex 1 to the SWZ – description of the subject of the contract, in the amount of 1 222 190 kWh,

2. The demand for electricity specified in paragraph 4.1. SWZ is a basic order. In the course of the contract, the ordering party reserves the right to reduce or increase the value of the order to the extent of +/- 15% in relation to the basic amount of electricity for the purchase of energy. The increase in the value of the contract will take place on the basis of the right of option. Detailed information is included in the draft agreement (Annex 2 to the SWZ).

3. The detailed scope of the contract is set out in Annex 1 to the SWZ, in accordance with the provisions of the Act of 10 April 1997. The remaining conditions for the execution of the contract are set out in the proposed provisions of the Electricity Sales Agreement — Annex 2 to the SWZ.

4. Electricity will be supplied under the conditions specified in the provisions of the Energy Law Act of 10 April 1997 and in accordance with the implementing regulations issued to this Act, in particular with the customer service quality standards set out in the Regulation of the Minister of Climate and Environment of 29 November 2022. on detailed rules for the formation and calculation of tariffs and settlements in electricity trading. The quality parameters of electricity in the distribution part are regulated by the Regulation of the Minister of Climate and Environment of 22 March 2023 on the detailed conditions for the operation of the power system.

5. Distribution services will be provided on the basis of a separate agreement concluded by the contracting authority with the relevant Distribution System Operator (called DSO) – DSO data are included in Annex 1 to the DSO. The reserve seller is: Enea S.A.

6. The requirements (obligations) for the contractor are described in the draft provisions of the sales contract constituting Annex 2 to the SWZ. Performing activities resulting from the power of attorney constituting Annex 2 to the Electricity Sales Agreement, hereinafter referred to as the Agreement. The contracting authority shall grant the contractor selected in the proceedings a power of attorney.

7. The Contracting Authority shall not allow the submission of partial tenders.

The order is homogeneous, i.e. it includes deliveries of the same type with established quality standards. The contract does not include supplies that can be separated and covered by the subject of a separate procedure - parts. Dividing the contract into lots may cause inefficiency of the procedure: obtaining too high cost of contract performance, cause low interest in this contract, even among contractors from the SME sector, and hinder the coordination of the contract.