The subject of the contract is the supply of electricity within the meaning of the Act of 10 April 1997 – Energy Law (consolidated text: Journal of Laws of 2021, item 716, hereinafter referred to as the Energy Law) to the facilities of the Ordering Party for a period of 12 months from the date of 01 January 2024.
1. The subject of the contract is the supply of electricity within the meaning of the Act of 10 April 1997 – Energy Law (consolidated text: Journal of Laws of 2021, item 716, hereinafter referred to as the Energy Law) to the facilities of the Contracting Authority for a period of 12 months from the date of 01 January 2024.
2. A detailed description of the subject of the contract is included in Annex 1 to the SWZ. The Contracting Authority informs that the planned electricity consumption is 11 300 MWh (+/- 10%) for a period of 12 months from January 01, 2024. The contractor should take into account fluctuations in electricity consumption at the level of (+/- 10%).
3. Electricity should meet the technical parameters in accordance with the provisions of the Energy Law Act, implementing acts to the Energy Law Act.
4. Type of order: delivery. The list of energy consumption points concerned is set out in Table 2 of Annex No 2 to SWZ.
5. CPV code: 09310000 Electricity, heat, solar and nuclear energy.
6. The Ordering Party is not a payer of excise duty on the purchased energy, therefore the price should include excise duty.
7. The Contracting Authority has a regulated matter for the distribution and supply of electricity.
8. The Contracting Authority does not have comprehensive agreements concluded for the PPE concerned.
9. Legal title for all PPE to which only the Ordering Party is supplied (external units are not present).
10. The Contracting Authority obliges the Contractor to provide in the offer the net and gross energy price for each tariff group.
11. The Ordering Party informs that the current contract for the supply of electricity for all energy consumption points expires on 31.12.2023.
12. The Contractor declares that he has current distribution agreements for all energy consumption points and they are concluded for an indefinite period.
13. The Distribution System Operator for all energy consumption points is Tauron Dystrybucja S.A. – branch in Gliwice. The Contractor will be obliged to conclude an agreement with the distribution system operator to whose network the Ordering Party's facilities are connected, enabling the sale of electricity to these facilities via the distribution network belonging to Tauron Dystrybucja S.A. 31-358 Kraków, 11 Jasnogórska Street; Tauron Dystrybucja S.A. Branch in Gliwice 44-100 Gliwice, Portowa 14a.
14. The Contracting Authority shall have energy billing measurement systems adjusted to the Contractor.
15. The Contracting Authority did not conduct initial market consultations within the meaning of Article 84 Pzp prior to the initiation of the award procedure.
16. The Ordering Party declares that the process of changing the seller takes place once again.
17. The Contracting Authority declares that it will provide electronically any necessary data needed for the seller's change procedure.
18. The Contractor, based on the Power of Attorney granted, shall submit (after the conclusion of the energy sale agreement – Appendix No. 4 to the SWZ) notification of energy consumption points based on the data provided by the Ordering Party to change the seller.
19. The Contracting Authority informs that in accordance with Article 9g(6b) of the Act of 10 April 1997 – Energy Law, as amended. as amended - it is necessary that for one PPE, both for the direction of consumption and introduction of electricity into the network of the Distribution System Operator, one and the same entity responsible for commercial balancing (POB) is indicated. After concluding the Electricity Sales Agreement in the direction of energy consumption, the Contractor undertakes to conclude a contract for the sale of electricity produced in the Renewable Energy Source with the period of validity 01.01.2024 – 31.12.2024. The ordering party declares that he is entered in the MIOZE/URE/00533/2018 register on 17.07.2018.
20. The Contracting Authority agrees to conclude a repurchase agreement for energy generated in RES belonging to the Contracting Authority on the contractual template proposed by the Contractor.