1. The subject of order. is a comprehensive supply of electricity, including the sale of electricity and the provision of electricity distribution services.

2. The order is divided into 2 parts: Part 1-267 electricity consumption points located in the ENERGA Operator SA area, Part 2-13 electricity consumption points located in the ENEA Operator Sp. z o. o

3 The Contractor is obliged to offer the same unit price for all Purchasing Group members for a given Part of the order.

4. The ordering party informs:

a) does not allow the submission of variants

b) does not provide for the award of contracts referred to in Article 67 paragraph 1 item 7 of the PPL.

c) settlements between the Employer and the Contractor will be conducted in PLN

d) the proceedings will be conducted in Polish

e) does not allow making advance payments

f) does not provide for an electronic auction

g) does not provide for reimbursement of the costs of participating in the proceedings.

It does not provide for the establishment of a dynamic purchasing system

The contract remained divided into two lots:

• Part 1-267 electricity consumption points located in the area of ENERGA Operator SA

• Part 2-13 electricity consumption points located in the area of ENEA Operator Sp. z o. o

The contractor may entrust the performance of part of the contract to a subcontractor. In this situation, the Employer requests the contractor to indicate the part of the contract which he intends to entrust to subcontractors and to provide the contractor with subcontractors (if known). The contractor is obliged to offer the unit price equal to all members of the purchasing group for a given Part of the contract. The sale of electricity will take place via the distribution network belonging to the Operator of the Distribution System ENERGA Operator SA (for Part 1) and ENEA Operator Sp. zoo (for Part 2) under the conditions set out in the Act of 10 April 1997. Energy Law (Journal of Laws of 2019, item 755, as amended), in accordance with applicable regulations to the abovementioned Act, provisions of the Civil Code, rules set out in concessions, provisions of the Terms of Reference and the price of electricity presented in the offer and with parameter prices distribution lines in accordance with the current Electricity Distribution Tariff ENERGA Operator SA (part 1) and the current ENEA Operator sp. z oo tariff (part 2), approved by the President of the Energy Regulatory Office with whom the Contractor has concluded a contract for the provision of distribution services in areas where there is a place to provide electricity.

The Contractor shall perform commercial balancing of energy purchased by Buyers on the basis of a standard consumption profile with contracted capacity specified in Annexes 9.1. and 9.2. to SIWZ - "LIST OF ENERGY CONSUMPTION POINT"

The sale of electricity and the provision of electricity distribution services will take place under a comprehensive agreement.

As part of the contract, the Contractor will be required to:

a) concluding contracts with DSO for the provision of distribution services on behalf of the Buyers,

b) sale of energy to Buyers, with the proviso that the sale of energy will commence at the time of acceptance of the contract for implementation by DSO,

c) transfer of energy ownership to the Buyer;

d) performing commercial balancing of the Buyer as a Retail Market Participant (URD) as part of its scheduling unit (JG), only if it is the only entity selling the Buyer's energy,

e) keeping records of payments due ensuring the correctness of settlements,

f) providing free information on current energy prices and settlement rules,

g) accepting applications and complaints of the Buyer and the Recipient acting on his behalf,

h) providing the Buyer and the Recipient acting on his behalf with relevant information regarding the performance of the contract,

i) settlements for the electricity consumed will be based on the indications of the measuring systems installed.

The Purchaser requires that the subject of the contract be made in accordance with the requirements contained in the "Detailed description of the subject of the contract" (Annex No. 1 to the ToR) and in accordance with "Relevant provisions of the contract" (Annex No. 8.1 of the ToR for Part 1 and Annex No. 8.2. To the SIWZ for Lot 2 order).

The submitted offer must be secured by a deposit covering the period of the offer validity:

• For Lot 1 of the contract: PLN 600,000.00 (six hundred thousand zlotys 00/100).

• For Lot 2: PLN 1,100.00 (one thousand one hundred zlotys 00/100)

Detailed conditions regarding the lodging of the bid bond are specified in the ToR

These proceedings are conducted in electronic form via the Purchasing Platform available at the website http://platformazakupowa.pl/pn/pomorskie, which link can be found on the BIP website of the Employer http://www.bip.pomorskie.eu/Article /id,12.html, hereinafter referred to as the Platform.

Documentation regarding the procedure in this ToR is available at: http://platformazakupowa.pl/pn/pomorskie to which the link can be found on the Employer's BIP page.

The order was divided into two parts:

• Part 1-267 electricity consumption points located in the area of ENERGA Operator SA

• Part 2-13 electricity consumption points located in the area of ENEA Operator Sp. z o. o

The contractor may entrust the performance of part of the contract to a subcontractor. In this situation, the Employer requests the contractor to indicate the part of the contract which he intends to entrust to subcontractors and to provide the contractor with subcontractors (if known). The contractor is obliged to offer the unit price equal to all members of the purchasing group for a given Part of the contract. The sale of electricity will take place via the distribution network belonging to the Operator of the Distribution System ENERGA Operator SA (for Part 1) and ENEA Operator Sp. zoo (for Part 2) under the conditions set out in the Act of 10 April 1997. Energy Law (Journal of Laws of 2019, item 755, as amended), in accordance with applicable regulations to the abovementioned Act, provisions of the Civil Code, rules set out in concessions, provisions of the Terms of Reference and the price of electricity presented in the offer and with parameter prices distribution lines in accordance with the current Electricity Distribution Tariff ENERGA Operator SA (part 1) and the current ENEA Operator sp. z oo tariff (part 2), approved by the President of the Energy Regulatory Office with whom the Contractor has concluded a contract for the provision of distribution services in areas where there is a place to provide electricity.

The Contractor shall perform commercial balancing of energy purchased by Buyers on the basis of a standard consumption profile with contracted capacity specified in Annexes 9.1. and 9.2. to SIWZ - "LIST OF ENERGY CONSUMPTION POINT"

The sale of electricity and the provision of electricity distribution services will take place under a comprehensive agreement.

As part of the contract, the Contractor will be required to:

a) concluding contracts with DSO for the provision of distribution services on behalf of the Buyers,

b) sale of energy to Buyers, with the proviso that the sale of energy will commence at the time of acceptance of the contract for implementation by DSO,

c) transfer of energy ownership to the Buyer;

d) performing commercial balancing of the Buyer as a Retail Market Participant (URD) as part of its scheduling unit (JG), only if it is the only entity selling the Buyer's energy,

e) keeping records of payments due ensuring the correctness of settlements,

f) providing free information on current energy prices and settlement rules,

g) accepting applications and complaints of the Buyer and the Recipient acting on his behalf,

h) providing the Buyer and the Recipient acting on his behalf with relevant information regarding the performance of the contract,

i) settlements for the electricity consumed will be based on the indications of the measuring systems installed.

The Purchaser requires that the subject of the contract be made in accordance with the requirements contained in the "Detailed description of the subject of the contract" (Annex No. 1 to the ToR) and in accordance with "Relevant provisions of the contract" (Annex No. 8.1 of the ToR for Part 1 and Annex No. 8.2. To the SIWZ for Lot 2 order).

The submitted offer must be secured by a deposit covering the period of the offer validity:

• For Lot 1 of the contract: PLN 600,000.00 (six hundred thousand zlotys 00/100).

• For Lot 2: PLN 1,100.00 (one thousand one hundred zlotys 00/100)

Detailed conditions regarding the lodging of the bid bond are specified in the ToR

These proceedings are conducted in electronic form via the Purchasing Platform available at the website http://platformazakupowa.pl/pn/pomorskie, which link can be found on the BIP website of the Employer http://www.bip.pomorskie.eu/Article /id,12.html, hereinafter referred to as the Platform.

Documentation regarding the procedure in this ToR is available at: http://platformazakupowa.pl/pn/pomorskie to which the link can be found on the Employer's BIP page.