The subject of the contract is a comprehensive supply of gaseous fuel - the supply of high-methane natural gas with the symbol E together with the distribution service - in the period from 01.01.2023. until 31.12.2023 up to 164 collection points (PPG). The forecast amount of gaseous fuel is 2 414 125 m3 (27 520 995 kWh using a conversion factor of 11.4).
The above data are indicative. The contractor should take into account possible fluctuations in collection. Reducing or increasing the amount of gaseous fuel does not entail any consequences for the ordering party (recipients), except for the need to pay for the amount of gas actually taken and transmission services in accordance with the applicable DSO Tariff.
SWZ – Specification of the Terms of Contract
PPL Act - Act of 11.09.2019 - Public Procurement Law
Act of the European Parliament - Act of 10 April 1997 Energy law
Details of gaseous fuel consumption, distribution parameters in individual PPG are described in Annex 1 to SWZ.
1. PpG was subject to the proceeding, in which customers are "subject to tariff protection", i.e. customers referred to in Article 62b(1)(2) of the Pe Act and customers not covered by this protection. In Annex 1 to the SWZ, the contracting authority indicated to which PPG the provisions of Article 62b apply, and if so, according to which percentage. The Contracting Authority (recipients), together with signing the contract with the contractor whose offer will be selected as the most advantageous, will submit appropriate Statements of the recipient of gaseous fuels (from Article 62ba and / or Article 62bb of the Pe Act).
2.Quality standards
1) The subject of the contract are the supply of high-methane natural gas through the PSG distribution network with quality standards specified in accordance with applicable regulations, together with the transmission service. Deliveries and distribution services provided on the basis of a comprehensive agreement will be performed under the conditions set out in the provisions of the Pe Act and the implementing provisions of the Act and in accordance with the provisions of the DSO Tariff.
2) The quality parameters of gaseous fuels are regulated by the provisions of the Pe Act, implementing acts, in particular the Regulation of the Minister of Energy of 15.03.2018. on the detailed rules for the formation and calculation of tariffs and settlements in the trade in gaseous fuels Regulation of the Minister of Economy of 02.07.2010. on the detailed conditions for the operation of the gas system amended by the Regulation of the Minister of Climate and Environment of 6.08.2022 amending the Regulation on the detailed conditions for the functioning of the gas system and Polish Standards.
3) the conditions for the provision of distribution services are specified in the Tariff for gaseous fuel distribution services (approved by the President of the Energy Regulatory Office)
3. The Contractor, based on the Power of Attorney granted, will be obliged to report on behalf of himself and the ordering party the DSO agreement in accordance with applicable regulations and to represent him before the DSO in the process of changing the seller.
4. The ordering party indicates PGNiG Obrót Detaliczny sp. z o.o. as the reserve supplier.
5. Settlement periods result from the Tariff for the provision of distribution services, subject to the provisions contained in the Proposed Provisions of the Agreement (Appendix No. 9 to SWZ)
6. With regard to all points of consumption, gaseous fuel deliveries are carried out on the basis of contracts that expire / be terminated on the day preceding the planned date of commencement of deliveries - the contractor will not be obliged to terminate the contracts. Nevertheless, the contracting authorities will submit, together with the conclusion of comprehensive Agreements (on the template used by the contractor), a Statement on the total/partial termination of the currently applicable contracts.
7.Excise declarations (on the use of gaseous fuel for the purpose of calculating excise duty) will be forwarded to the contractor on the date of conclusion of contracts for the comprehensive supply of natural gas.
8.The condition for the commencement of deliveries within the indicated (in relation to individual PPGs) is the effective expiry of existing contracts and the effective implementation of the procedure for changing the seller. The Ordering Party does not have promotional / loyalist agreements preventing the conclusion of contracts or commencement of deliveries within the period indicated in Annex 1.
9. The Ordering Party shall not divide the contract into parts. Dividing the contract into lots would result in excessive organizational difficulties for the contracting authority. Taking into account the situation on the gaseous fuels market, and in particular the tariff protection of Customers whose volume constitutes more than 70% of the gaseous fuel covered by this procedure, the division of the contract into lots could result in the lack of a tender for one of the lots.
10.The Contracting Authority reserves the possibility of taking advantage of Article 139 (1) of Pzp, i.e. the possibility of examining and evaluating tenders in the first place, and then making the qualifications of the contractor whose offer has been the highest rated, in the absence of grounds for exclusion and fulfilment conditions of participation in the proceedings.