1. The subject of the order is the gradual delivery of Ekodiesel diesel oil to the headquarters of the Employer in Zakopane at ul. Szymony 17a in accordance with the current needs of the Employer. The Employer informs that the fuel (diesel oil) subject to this tender will be used by the Employer only for own purposes for refueling company cars. The Employer informs that the fuel (diesel oil) subject to this proceeding will not be resold.

2. The estimated estimated supply quantity of Ekodiesel diesel oil in the period from the day of signing the contract for a period of 12 months is 500,000 liters (option 300,000 liters).

A detailed description of the subject of the contract, the conditions for participation in the procedure and the grounds for exclusion from the procedure 4-ZP / 2019 is specified in the ToR available on the Awarding Entity's website www.tesko.pl and in the Awarding Entity's BIP: https://tesko.bip.gov.pl

1. The subject of the order is the gradual delivery of Ekodiesel diesel oil to the headquarters of the Employer in Zakopane at ul. Szymony 17a in accordance with the current needs of the Employer. The Employer informs that the fuel (diesel oil) subject to this tender will be used by the Employer only for own purposes for refueling company cars. The Employer informs that the fuel (diesel oil) subject to this proceeding will not be resold.

2. The estimated estimated supply quantity of Ekodiesel diesel oil in the period from the day of signing the contract for a period of 12 months is 500,000 liters (option 300,000 liters).

3. In accordance with the reservation in the option law, the Ordering Party will reliably purchase diesel fuel in the "guaranteed" quantity.

4. The remaining quantities described as "option" will be implemented depending on the actual needs of the Employer, in accordance with the following provision regarding the exercise of the option right.

5. Option law:

a) The Ordering Party, in accordance with the content of point 2. above, reserves the right to exercise the option right depending on actual needs.

b) If the contracting authority exercises the option right:

- the Contractor will be obliged to apply the terms and prices in accordance with the submitted offer,

- The Contractor is entitled to additional remuneration, calculated in accordance with the principles described in the proceedings.

c) The option right will be activated after the guaranteed quantity has been exhausted in the basic contract without the need to notify the Contractor

d) The option right is the entitlement of the Employer, which may or may not exercise as part of the implementation of this contract. If the Employer does not exercise the option right or make partial use, the Contractor shall not be entitled to any claims in this respect.

6.Quality requirements of fuel:

- Quality standards referred to in art. 91 section 2a of the PPL Act, referring to all significant features of the subject of the order are specified in this ToR and its annexes. This ToR describes the subject of the contract in a complete and comprehensive manner. The principles and quality standards regarding the quality of liquid fuels, including diesel oil, are contained in the Regulation of the Minister of Economy of 9.10.2015 on the quality requirements for liquid fuels (Journal of Laws item 1680),

- The quality of Ekodiesel diesel fuel delivered should meet the requirements of legal regulations, including Ordinance of the Minister of Economy of October 9, 2015 on quality requirements for liquid fuels (Annex 3 to the Ordinance) or on the day of delivering a given batch of Ekodiesel diesel oil.

7. A detailed description of the subject of the contract is contained in the Specification of Essential Terms of the Order available on the contracting authority's website: www.tesko.pl and the BIP website: https://tesko.bip.gov.pl

8. The offered price of 1 liter with diesel fuel discount should include the price of diesel fuel together with transport costs to the headquarters of the Employer.

9. The price of Ekodiesel diesel oil changes during the term of the contract, in accordance with the current fuel price given on the website www.orlen.pl on a given day, in relation to the price on the basis of which the offer will be made. In this case, the price will be each time changed by the amount of permanent discount proposed by the Contractor.

10. The amount of the Contractor's remuneration for each delivered fuel will be calculated as the product of the actually delivered fuel and the price of 1 liter of fuel (Ekodiesel diesel oil) published on the day of delivery on the PKN Orlen website changed by the permanent discount resulting from the submitted offer.

The proceedings are conducted in accordance with the rules provided for "Reverse procedure" referred to in Article 24 aa paragraph 1 and 2 of the PPL Act. Pursuant to the aforementioned provisions, the Employer will first evaluate the offers and then examine whether the Contractor whose offer was assessed as the most advantageous, will not