The subject of this contract is "Supply of electricity and provision of electricity distribution services for the Opoczno Commune and related entities" indicated in Annex 1 to the ToR, in accordance with the provisions of the Energy Law of 10.4.1997 (i.e. 2018, item 755 with amendments) hereinafter referred to as the "Energy Law", in accordance with the applicable regulations to the above Act, the provisions of the Civil Code, the principles set out in the concessions, the provisions of this ToR and important provisions of the contract (Annex 4 to the ToR ).

Additional information on the subject of the contract and its implementation are set out in the annexes, which form an integral part of the Terms of Reference, i.e.

- Annex 1 - detailed description of the subject of the contract,

- Annex No. 4 - significant provisions of the contract, which will constitute to an appropriate extent (to each of the Contracting Entities) an integral part of future contracts.

1. The subject of this contract is "Supply of electricity and provision of electricity distribution services for the Opoczno Commune and related entities" indicated in Annex 1 to the ToR, in accordance with the provisions of the Energy Law of 10.4.1997 (i.e. of 2018, item 755 as amended) hereinafter referred to as the "Energy Law", in accordance with the applicable regulations to the above-mentioned Act, the provisions of the Civil Code, the principles set out in the concessions, the provisions of this ToR and important provisions of the contract (Annex No. 4 to the ToR).

a) Opoczno Commune and units listed in Annex No. 1 to the ToR will conclude separate contracts resulting from this public procurement procedure in an open tender for "Supply of electricity and provision of electricity distribution services for the Opoczno Commune and related entities". The obligation of the selected Contractor will be to terminate the existing contracts - in this respect, the Employer and related entities for which the contract is awarded under this procedure, if necessary, will grant the selected Contractor appropriate powers of attorney.

b) On the basis of art. 16 of the Public Procurement Law, the Awarding Entity will conduct proceedings jointly with the related entities listed below. The Awarding Entity has Agreements (available at the Awarding Entity's seat) for joint preparation and carrying out of the public procurement procedure.

Due to the fact that these orders are carried out on behalf of and for the units listed below, all Purchasers are responsible for fulfilling the obligations arising from the Public Procurement Law.

Each Ordering Party after selecting the best offer will be obliged to conclude a separate agreement for individual related entities regarding the public procurement.

c) The estimated total electricity demand in the period from 1.2.2019 to 31.1.2020 is 6,235,368 kWh.

d) The Contractor under the contract concluded as a result of the award of the contract as a result of this proceeding undertakes to perform the function of the entity responsible for commercial balancing for electricity consumed at the Customer's energy consumption points (Employers).

e) The Contractor will balance commercial energy purchased by the Employer (Employers) on the basis of a standard consumption profile with the contracted capacity specified in Annex 1 to the ToR.

f) Costs resulting from balancing are included in the price of electricity.

The Employer does not reserve the Contractor's personal performance of key parts of the contract. The Employer allows the use of Subcontractors.

For entrusting subcontractors and subcontractors' companies, it is assumed that the subject of the contract will be entirely completed by the Contractor;

Other general provisions:

a) payment conditions: a detailed description contained in Annex 4 to this ToR - Material provisions of the contract

b) The contracting authority in these proceedings does not provide for the possibility of awarding the contracts referred to in art. 67 section 1 point 6 of the PPL Act.

c) The contracting authority in these proceedings does not provide for the conclusion of a framework agreement.

d) The Awarding Entity does not anticipate submitting partial bids

The contractor is obliged to pay a deposit of 30,000.00 PLN

h) The Awarding Entity does not anticipate submitting variants

i) The Awarding Entity does not foresee an electronic auction

j) The Awarding Entity does not provide for reimbursement in proceedings

k) The Employer does not provide for foreign currency settlements