1. The subject of the contract is the purchase under a comprehensive agreement of gas fuel and its distribution for the needs of the Pomeranian Voivodeship and its organizational units.

2. Pursuant to Article 38 of the PPL Act, the Contracting Authority of the Pomeranian Voivodeship acts on behalf of itself and on behalf of the purchasing group within the framework of the concluded agreement, on the basis of the authorizations granted to conduct this public procurement procedure.

3. Each Ordering Party (being in the purchasing group), after selecting the most advantageous offer, undertook to conclude an agreement with the entity selected in this procedure.

4. The present procedure is conducted in the form of an open tender procedure in accordance with the rules set out in the PPL for a classic contract with an estimated value equal to or exceeding the EU thresholds.

5. A detailed description of the subject of the contract is set out in Annex 1 to the SWZ and in the draft provisions of the contract constituting Annex 2 to the SWZ.

1. The subject of the contract is the purchase under a comprehensive agreement of gas fuel and its distribution for the needs of the Pomeranian Voivodeship and its organizational units.

2. The subject of the contract must meet the requirements set out in the following legal regulations: Act of 10 April 1997. Energy Law (i.e. Journal of Laws of 2022, item 1385, as amended), hereinafter referred to as the "Energy Law" and the Announcement of the Minister of Energy of 16 May 2018 on the publication of a uniform text of the Regulation of the Minister of Economy on the detailed conditions for the operation of the gas system (Journal of Laws of 2018, item 1158) and the Regulation of the Minister of Energy of 22 September 2019 amending the Regulation on the detailed rules for shaping and calculating tariffs and settlements in trade gaseous fuels (i.e. Journal of Laws of 2021, item 280), the Act of 6 December 2008 on excise duty (i.e. Journal of Laws of 2022, item 143, as amended) and the Act of 26 January 2022 on special solutions for the protection of gas fuel customers in connection with the situation on the gas market (Journal of Laws of 2022, item 202, as amended) and in accordance with the tariff for DSO gaseous fuel, as well as the provisions of the Civil Code, the provisions of the Agreement, the provisions of the Terms of Order and the rates contained in the offer form for a given collection point.

3. A detailed description of the subject of the contract is set out in Annex 1 to the SWZ and in the draft provisions of the contract constituting Annex 2 to the SWZ.

4. The law applicable to this contract (including the contract concluded as a result of these proceedings and for the assessment of the legal effects of all documents in this order) is Polish law, taking into account the law of the European Union.

5. The subject of the contract has not been divided into parts: The subject of the contract has established quality parameters, which are specified in the Energy Law. The subject of the contract for economic reasons has not been divided into lots. By dividing the contract into lots, it would not be possible to achieve the above-mentioned effect due to the lack of economies of scale, which for the potential contractor results in ensuring the sale of an attractive, relatively large volume of gaseous fuel under a stable, safe contract during the period of performance of the subject of the contract. In addition, another condition for the non-division of this contract into lots is its material identity, temporal identity and the possibility of performing the contract by a single economic operator. Dividing the contract into lots would certainly result in excessive costs for organising it and, with a large number of gas consumption points, also excessive technical difficulties. It should also be noted that the need to coordinate action in the event of division into lots would jeopardise the proper performance of the contract as a whole.

6. The Contracting Authority shall not reserve the right to apply for a contract only by the Contractors referred to in Article 94 of the PPL.

7. The contracting authority does not allow for the possibility of submitting a variant bid referred to in Article 92 of the PPL, i.e. an offer providing for a different manner of performance of the contract than specified in this SWZ.

8. In all provisions of the SWZ and its annexes, in which the Ordering Party, due to the inability to describe the subject of the contract in a sufficiently precise and understandable manner, refers to standards, technical assessments, technical specifications or technical reference systems, or indicates trademarks, patents, sources of origin or specific processes that characterize products or services provided by a specific contractor, pursuant to Article 99(5) and Article 101(4) of the PPL, the Contracting Authority shall allow equivalent solutions.