1. The subject of the contract is Comprehensive supply of electricity, including the sale of electricity and the provision of electricity distribution services.

2. The supply of electricity will take place under the conditions specified in the provisions of the Act of 10 April 1997 – Energy Law and in accordance with the implementing provisions issued to this Act, in particular with the quality standards of customer service specified in the Regulation of the Minister of Energy of 6 March 2019 on detailed rules for the formation and calculation of tariffs and settlements in electricity trading and the Regulation of the Minister of Climate and Environment of 13 November 2020 amending the regulation on detailed rules for the formation and calculation of tariffs and settlements in electricity trading.

The Contracting Authority divides the contract into two parts. The Contractor will be obliged to perform the notification of all energy consumption points by 10.12.2022.

The supply of electricity will take place under the conditions set out in the provisions of the Act of 10 April 1997 – Energy Law and in accordance with the implementing provisions issued to this Act, in particular with the standards of quality of customer service specified in the Regulation of the Minister of Energy of 6 March 2019 on detailed rules for the formation and calculation of tariffs and settlements in electricity trading and the Regulation of the Minister of Climate and Environment of 13 November 2020 amending the regulation on detailed rules for the formation and calculation of tariffs and settlements in electricity trading.

3. The quality parameters of electricity in the distribution part are regulated by the Regulation of the Minister of Economy of 4 May 2007 on the detailed conditions for the functioning of the power system.

4. The order should be completed in accordance with the requirements contained in: Detailed Description of the Subject of the Order together with an example of filling in the data in the contract and on the invoice constituting Annex No. 1 to the SWZ and the draft provisions of the contract constituting Annexes No. 2.1 and 2.2 to the SWZ, as well as in the list of energy consumption, which constitute Annex No. 3.1 and 3.2 to the SWZ.

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

6. The Contracting Authority divides the contract into two parts (you can submit a bid for each of the parts of the contract):

1) Part 1 - 270 electricity consumption points located in the area of ENERGA Operator SA. The list of energy consumption points included in this part can be found in Annex 3.1 to the SWZ

2) Part 2 - 16 electricity consumption points located in the area of ENEA Operator Sp. z o.o. The list of energy consumption points included in this part can be found in Annex 3.2 to the SWZ

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

8. The Contracting Authority does not allow the possibility of submitting a variant offer referred to in Article 92 of the PPL Act, i.e. an offer providing for a different way of performing the contract than specified in this SWZ.

9. In all provisions of the SWZ and its annexes, in which the Contracting Party, due to the inability to describe the subject of the contract in a sufficiently precise and understandable way, refers to standards, technical assessments, technical specifications or technical reference systems, or trademarks, patents, sources of origin or specific processes that characterize products or services provided by a particular contractor are indicated, in accordance with Article 99(5) and Article 101(4) of the PPL Act, the Contracting Authority shall allow solutions equivalent to those described.

10. Where the names of materials and products of specific manufacturers are given in the documents which describe the subject of the contract, this should be regarded only as a definition of the desired standard and quality. In all such situations, the Contractor may offer equivalent materials, products with at least the same technical and quality parameters. Product equivalence is understood as offering a product whose technical parameters of the materials used, efficiency, durability and quality are not inferior to the quality of the products described in the SWZ.

11. The Contractor who refers to equivalent solutions is obliged to demonstrate that the solution offered by him meets the requirements specified by the Ordering Party. In this case, the Contractor shall attach to the offer a list of equivalent solutions together with its description or standards. The Contractor is obliged to perform the subject of the contract between 01.01.2023 and 31.12.2023. The criterion for the evaluation of offers is a price weighing 100%, with 1% = 1 point

The supply of electricity will take place under the conditions set out in the provisions of the Act of 10 April 1997 – Energy Law and in accordance with the implementing provisions issued to this Act, in particular with the standards of quality of customer service specified in the Regulation of the Minister of Energy of 6 March 2019 on detailed rules for the formation and calculation of tariffs and settlements in electricity trading and the Regulation of the Minister of Climate and Environment of 13 November 2020 amending the regulation on detailed rules for the formation and calculation of tariffs and settlements in electricity trading.

3. The subject of the contract has established quality standards. The quality parameters of electricity in the distribution part are regulated by the Regulation of the Minister of Economy of 4 May 2007 on the detailed conditions for the functioning of the power system

4. The order should be completed in accordance with the requirements contained in: Detailed Description of the Subject of the Order together with an example of filling in the data in the contract and on the invoice constituting Annex No. 1 to the SWZ and the draft provisions of the contract constituting Annexes No. 2.1 and 2.2 to the SWZ, as well as in the list of energy consumption, which constitute Annex No. 3.1 and 3.2 to the SWZ.

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

6. The Contracting Authority divides the contract into two parts (you can submit a bid for each of the parts of the contract):

1) Part 1 - 270 electricity consumption points located in the area of ENERGA Operator SA. The list of energy consumption points included in this part can be found in Annex 3.1 to the SWZ

2) Part 2 - 16 electricity consumption points located in the area of ENEA Operator Sp. z o.o. The list of energy consumption points included in this part can be found in Annex 3.2 to the SWZ

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

8. The Contracting Authority does not allow the possibility of submitting a variant offer referred to in Article 92 of the PPL Act, i.e. an offer providing for a different way of performing the contract than specified in this SWZ.

9. In all provisions of the SWZ and its annexes, in which the Contracting Party, due to the inability to describe the subject of the contract in a sufficiently precise and understandable way, refers to standards, technical assessments, technical specifications or technical reference systems, or trademarks, patents, sources of origin or specific processes that characterize products or services provided by a particular contractor are indicated, in accordance with Article 99(5) and Article 101(4) of the PPL Act, the Contracting Authority shall allow solutions equivalent to those described.

10. Where the names of materials and products of specific manufacturers are given in the documents which describe the subject of the contract, this should be regarded only as a definition of the desired standard and quality. In all such situations, the Contractor may offer equivalent materials, products with at least the same technical and quality parameters. Product equivalence is understood as offering a product whose technical parameters of the materials used, efficiency, durability and quality are not inferior to the quality of the products described in the SWZ.

11. The Contractor who refers to equivalent solutions is obliged to demonstrate that the solution offered by him meets the requirements specified by the Ordering Party. In this case, the Contractor shall attach to the offer a list of equivalent solutions together with its description or standards. The Contractor is obliged to perform the subject of the contract between 01.01.2023 and 31.12.2023. Criterion for the evaluation of offers price weighing 100%, 1%=1pt