The subject of the contract is the purchase of electricity in accordance with the provisions of the Act of 10 April 1997. Energy Law (hereinafter: PE) by the Ordering Party for its lighting infrastructure in the scope of the basic (guaranteed) contract with the law of the quantitative value option described in Annex No 1 to SWZ (in accordance with the authorisations held), in which the Contracting Authority is a party to the distribution agreement. This order does not include electricity distribution services. The quality parameters of electricity are defined by the Regulation of the Minister of Economy of 4 May 2007 on the detailed conditions of the operation of the electricity system (Journal of Laws 2007, No. 93, item 623)

1. The subject of the order includes the purchase of electricity for the street lighting of the Municipality of Toruń, Toruński Society of Social Construction Sp. z o.o., the City of Chełmża with the Centre of Sport and Tourism, the Municipality of Chełmża, the Municipality of Łysomice, the Municipality of Wielka Nieszawka, the Municipality of Obrowo, Zławieś Wielka, the Municipality of Lubicz with the Department of Municipal Services Sp. z o.o. and the organizational units of the municipality, the Municipality of Łubianka and other points fed by the tariff Cli, C12a, C12b, C12w, C22b (with the marker “-o”) in the municipalities listed above. A detailed description of the item of the order containing the locations and description of the electricity collection points of street lighting and others, together with contractual power and consumption broken down by basic task (guaranteed) and the right of options, is included in Annex No 1 of the SWZ forming an integral part of the this SWZ.

2. The Contracting Authority shall inform:

- for the connection points listed in Annex No 1 to the contract, the role of the Distribution System Operator (hereinafter referred to as the DSO) is performed by ENERGA Operator S.A.

The Parties undertake to ensure mutual access to the data which is the basis for billing for the energy provided.

The Parties shall allow the free movement of the volume of electricity between the Contracting Authority's reception points listed in Annex 1 to the model contract.

The Contracting Authority shall pay the Contractor a remuneration for the electricity actually supplied, at the prices specified in § 4 of the template of the contract.

- the estimated electricity consumption of Annex No 1 has been done with due care, but is indicative.

- for the connection points listed in Annex No 1, the role of the Distribution System Operator (hereinafter: the DSO) is performed by ENERGA Operator S.A.

2. The Contractor must have a contract concluded and in force, the so-called General Distribution Agreement, with the local DSO, on the basis of which he may sell electricity through the distribution network of that DSO to all the facilities of the Contracting Authority indicated in Annex 1 to the SWZ. The Contracting Authority shall indicate that, for the points indicated in Annex 1 to SWZ, the role of the DSO shall be performed: ENERGA Operator S.A.

3. In order to calculate the offer price, the Contractor should take into account the energy consumption indicated in Annex 1 to SWZ. The Contracting Authority points out that, in order to avoid possible accounting errors in preparation of the offer, he shall include in Annex 1 “Detailed Description of the Order Subject” in Chapter 11 “Summary”, “Cumulative summary of energy consumption (DATA FOR REGULATION VALUE AND OFFERT PRICE”.

A detailed description of the object of the order is contained in the contract template, which is part of the SWZ.

4. The Contracting Authority shall not require that the Contractor employ persons participating in the performance of the contract under an employment contract.

5. The Contracting Authority informs that, pursuant to Article 139 (1) of the Act, he shall first examine and evaluate tenders and then make the qualifications of the contractor whose offer has been highest assessed as regards the grounds for exclusion and the fulfilment of the conditions of participation in the proceedings.

6. A vadium of PLN 10,000 should be lodged before the deadline for submission of tenders. The validity period of the defect should be in accordance with the date of binding the tender.

Vadium can be brought in the following forms:

(a) money - to the UMT account annotated: wadium: proceedings 73/2021: Supply of electricity”.

The date of the deposit of the defect shall be accepted for the date of its impact on the Ordering Party's

(b) bank surety or surety of the cooperative savings and credit bank,

(c) bank, insurance guarantees

(d) the surety provided by the entities referred to in Article 6b (5) (2) of the Law of 9.11.2000 on the establishment of the Polish Enterprise Development Agency (i.e. Journal of Laws of 2020, item 299).

If the defect is provided in the form of a surety or guarantee, the contractor shall provide the original warranty or surety to the contracting authority in electronic form