1. The subject of the contract is the purchase of gaseous fuel by the Ordering Party with a total estimated volume of 33 796 560 kWh (+ 15%) in the delivery period, i.e. from 01.11.2023 to 31.12.2024, of which:
a) 7 725 070 kWh in the period from 01.11.2023 to 31.12.2023
b) 26 071 490 in the period from 01.01.2024 to 31.12.2024.
At the same time, the contracting authority informs that:
a) in the period from 01.11.2023 to 31.12.2023 - 6 453 824 kWh
b) in the period from 01.01.2024 to 31.12.2024 - 21 436 608 kWh
will be settled on the basis of prices resulting from the Act of 26 January 2022 on special solutions for the protection of gas fuel consumers in connection with the situation on the gas market (Journal of Laws of 2022, item 202, as amended), if the offer price submitted by the Contractor is higher than the prices resulting from the aforementioned Act.
1.The Contractor shall perform all actions and arrangements with the DSOs necessary to carry out the procedure of changing the seller and effectively start selling gaseous fuel, including in particular: notification to the DSO of new comprehensive gaseous fuel sales agreements. The Contractor shall perform these activities on the basis of relevant powers of attorney granted by the Contracting Entities together with the conclusion of comprehensive contracts for the sale of gaseous fuel.
2. The supply of gaseous fuel will take place on the basis of agreements concluded separately by individual Ordering Parties and by local government organizational units, which will be separate payers, and which are described in detail in Annex 2 to the SWZ.
3.The supply of gaseous fuel will take place under the conditions specified in the Energy Law of 10 April 1997 (Journal of Laws of 2022, item 1385, as amended) and based on the implementing regulations to this Act, in particular the Regulation of the Minister of Economy of 2 July 2010 on the detailed conditions for the operation of the gas system (consolidated text: Journal of Laws of 2018, item 1158, as amended) Regulation of the Minister of Energy of 15 March 2018 on detailed rules for shaping and calculating tariffs and settlements in trade in gaseous fuels (Journal of Laws of 2021, item 280, as amended), in accordance with the Act of 26 January 2022 on special solutions for the protection of gas fuel consumers in connection with the situation on the gas market (Journal of Laws of 2022, item 202), in accordance with the Act of 13 January 2022 amending the Act on tax on goods and services (Journal of Laws of 2022 r. item 196 with later dates. as amended), in accordance with the DSO gas tariff, the rules set out in the concessions, in accordance with the provisions of the terms of the contract as well as in accordance with the Contractor's offer and in accordance with the provisions of the Civil Code.
4..Lists of gas consumption points participating in the tender procedure together with data on historical consumption of gaseous fuel, current distribution parameters and current status of contracts are given in the aggregated list in Annex 2 to the SWZ (Excel sheet).
5.Data on the amount of gaseous fuel purchased are estimates, they are calculated on the basis of previous gas consumptions. The forecast of gas fuel consumption indicated in the SWZ is only an approximate value, which may be increased or decreased during the performance of the contract. Regardless of the amount of consumption, the Contractor is obliged in each case to apply the prices of gas offered in the tender. The Contractor may not pursue any financial claims if, during the term of the contract, the Contracting Authority purchases from the Contractor a smaller or larger amount of gaseous fuel than forecasted.
6. The use of solutions and prices contained in the Act of 26 January 2022 on special solutions for the protection of gas fuel consumers in connection with the situation on the gas market (Journal of Laws of 2022, item 202) will take place on the basis of statements submitted by the Contracting Authorities.
7.If the prices submitted in the offer are higher than the prices referred to in the Act of 26 January 2022 on special solutions for the protection of gas fuel consumers in connection with the situation on the gas market (Journal of Laws of 2022, item 202), the Contractor will settle the supply of gas at the prices indicated in the above-mentioned Act, for these PPEs, for which the Contracting Authorities have submitted appropriate (required by the Act) statements.
8.Each new PPE generated during the term of the contract must be guaranteed a unit price of gaseous fuel in accordance with the Contractor's offer selected in this tender procedure. The supply of gaseous fuel for a new PPG not included in the Annex to the Agreement will be made on the basis of an amendment to the Annex to the relevant Agreement, without the need to renegotiate the terms of the Agreement.
9. The supplied gaseous fuel must meet technical standards in accordance with the provisions of the Energy Law, executive acts and Polish Standards.
Other details in SWZ.