The subject of the contract is the purchase of electricity in the planned estimated amount of approximately 8,450,018 kWh (+- 15%), including: 7,594,643 kWh for the Contracting Authorities within the meaning of the Public Procurement Law and 855,375 kWh for EKO-DBAJ spółka z ograniczoną odpowiedzialnością (an entity that is not the Contracting Authority within the meaning of the Public Procurement Law) in the period from 1 January 2024 to 31 December 2024 to the facilities of the entities indicated in point 1 of this specification of terms and conditions of the contract as the Contracting Authority. The Contracting Authority informs that the forecast of energy consumption indicated above and in Part III of the Terms of Use is only an approximate value, which may be increased or decreased in relation to the forecasts concerning the end user during the performance of the contract. The actual energy consumption will depend solely on the actual needs of the end user, but regardless of the amount of consumption, the Contractor is obliged to apply the energy prices offered in the tender in each case.

Description of the subject of the contract cont.:

The Contractor is not obliged to apply any preferential rates to the price of electricity (e.g. resulting from the provisions of the Act of 7 October 2022 on special solutions for the protection of electricity consumers in 2023 in connection with the situation on the electricity market (i.e. Journal of Laws of 2023, item 1704, as amended) or other acts).

The Contractor may not pursue any financial claims (damages) from the Contracting Authority if, during the term of the contract, the Contracting Authority purchases from the Contractor a smaller or larger amount of electricity than the forecasted amount of energy indicated in the Terms of Reference, in particular caused by an increase or decrease in the expected energy consumption for the end user, a change in the tariff group, a change in the ordered capacity or the technical parameters of the Energy Consumption Point, actual energy consumption at the Energy Point. Electricity must meet the technical parameters in accordance with the provisions of the Energy Law and its implementing regulations and Polish Standards. The Contracting Authority informs that for most of the collection points this is another change of electricity supplier.

At the same time, the Contractor will be obliged to purchase, together with the commercial balancing service, electricity generated in the Contracting Authority's RES installations in the period from 1 January 2024 to 31 December 2024. The estimated amount of electricity generated is 5,163.30 MWh and is indicative.

The Contracting Authority reserves the installation of renewable energy sources on the facilities of its choice.

The Contracting Authority has the right to opt out during the course of the contract from the purchase of electricity to a portion of the energy collection points not more than 15% of the declared annual energy consumption, in accordance with the contractual terms of trade, in the following cases:

- liquidation of the pre-emptive point,

- installation at the energy collection point of the renewable energy source.

The Agreement may be terminated by the Contracting Authority in relation to some of the energy consumption points in the case specified in Section 5(5) of the Agreement.

ATTENTION! The subject of the order does not include the electricity distribution service. The energy distributor for the objects listed in the schedule is Energa Operator S.A. branch in Gdańsk.

The table of facilities indicates the energy consumption points covered by the comprehensive agreement. These agreements will be terminated. The Contractor is obliged to conclude distribution agreements on behalf of the Ordering Party.

The entity coordinating the purchase of electricity is Energia Jarocin Sp. z o.o. (Moniuszki 43A, 63-200 Jarocin) – the leader of the Energia Jarocin Cluster. All letters and invoices should be sent to the address of Energia Jarocin.

A detailed description of the subject of the contract includes:

- Terms of Reference III – Detailed Description of the Subject of the Contract (List of Facilities Covered by the Purchase of Electricity) – Contracting Authority within the meaning of the Public Procurement Law

- Terms of Reference III – – Detailed Description of the Subject of the Contract (List of objects covered by the purchase of electricity) – Entity that is not the Contracting Authority within the meaning of the provisions of the Public Procurement Law;

- SWZ IV - draft contractual provisions

4.2. Common procurement vocabulary (CPV)

09.31.00.00-5 Electricity

4.3. Pursuant to Article 101(4) of the Public Procurement Law, the Contracting Authority shall allow solutions equivalent to those described in the Terms of Use by means of standards, technical assessments, technical specifications and technical reference systems referred to in Article 101(1)(2) and (3) of the Act, if they allow to obtain features or parameters not worse than those referred to.

4.4. Pursuant to Article 101(5) of the Act, the Contractor who refers to solutions equivalent to those described by the Contracting Authority is obliged to prove in the offer that the proposed solutions meet the requirements specified in the description of the subject matter of the contract to an equivalent extent.

4.5. The Ordering Party does not reserve the obligation to personally