The subject of the contract is the supply of electricity within the meaning of the Energy Law (Journal of Laws of 2022, item 1385, as amended), hereinafter referred to as the "Energy Law", to the benefit of Judicial Units, Correctional Institutions, Shelters for Minors, District Educational Centers, Prosecutor's Offices, the National School of Judiciary and Public Prosecution and the Purchasing Center for the Judiciary IGB, divided into 7 parts.

The estimated amounts of electricity indicated in Appendix No. 1 to the SWZ – Offer Form and in Appendix No. 5.1-5.7 to the SWZ – Description of the subject of the contract. The list of entities for which proceedings are conducted is included in Annex 8.1-8.7 to the SWZ. As a result of this proceeding, a general agreement for the sale of electricity will be concluded, on the basis of which individual Units will independently conclude executive agreements. The contract does not cover activities related to the distribution of electricity.

The subject of the contract is the supply of electricity within the meaning of the Energy Law for Entities from the area of appeal in Wrocław, Kraków, Katowice (and the Purchasing Centre for the Judiciary IGB).

Justification for shortening the deadline for submission of tenders indicated in point IV.1.1.:

The contracting authority had previously conducted 2 procedures for all beneficiaries, however, the procedures were invalidated pursuant to Article 255 point 1) of the Public Procurement Law due to the lack of submitted tenders.

The Contracting Authority conducted preparatory activities for the proceedings and activities as part of the proceedings with due diligence and with the necessary deadlines for their execution. The lack of tenders was therefore a difficult situation to predict in the context of the previous high interest in central proceedings conducted for the benefit of judicial units and selected organisational units of prosecutors' offices in recent years (4 or 5 contractors submitted bids as part of the central procedure). The unpredictability of contractors' interest in the procedure was significantly influenced by the volatile market situation regarding the supply of electricity and other fuels throughout Europe.

When setting the shortened contract deadline, the contracting authority took into account the nature of the contract, the size and conditions of the procedure in question and considers that it provides contractors with adequate time to prepare and submit an offer.

Shortening the deadline for submitting tenders in the procedure is justified because:

a) the subject of the contract refers to the area of regulated economic activity, and contractors who may submit a bid in the procedure must have appropriate rights, i.e. a concession for trading in electricity. The above, in a natural and legitimate way, restricts competition only to professional licensed entities. The potential circle of contractors has already obtained knowledge of the main assumptions of the procedure and the content of the procurement documents on the basis of an earlier procedure (WZP-421-14/2022), which was subsequently invalidated. The essential contractual conditions of the contract (types of tariffs, categories of beneficiaries and parameterized information on energy collection points, the method of performance of the contract) have not been changed in relation to the invalidated procedure, which means that contractors interested in the procedure analyzing the possibility of submitting a bid have become familiar with the requirements of the contracting authority. At the stage of the invalidated procedure, all interested contractors could and did use the opportunity to ask questions and obtain explanations regarding the content of the SWZ and annexes. Therefore, shortening the deadline does not adversely affect the principle of fair competition.

b) the subject of the contract and the method of supply is standardized and strictly regulated by the provisions of the energy law, and the contracting authority cannot describe the subject and principles of supply in a radically different way. The time for preparing and submitting an offer does not require providing for additional time for the analysis of the complex conditions for the performance of the contract, which is necessary in orders with a different specificity modeled by the ordering party;

(c) in relation to a previous procedure, the quantitative scope of the contract has been halved in order to reduce the risk to economic operators, which works to their advantage in the decision-making process to submit a tender;

d) in relation to the previously conducted procedure, the contracting party has removed the requirements to demonstrate experience in the performance of the contract and to submit subjective means of proof in this respect, as well as reduced the value of the required security in each part of the procedure, which works in favor of contractors when estimating the potential risk and preparing the offer and completing the documents submitted with it.

The subject of the contract is the supply of electricity within the meaning of the Energy Law for Units from the area of appeal in Warsaw and Lublin.

The subject of the contract is the supply of electricity within the meaning of the Law of Energy for units from the area of the Poznań Appellation, Szczecin.

The subject of the contract is the supply of electricity within the meaning of the Energy Law for Units from the area of the Białystok and Rzeszów appeals.

The subject of the contract is the supply of electricity within the meaning of the Law of Energy Law for units from the area of Gdańsk appellation, Łódź.

The subject of the contract is the supply of electricity within the meaning of the Energy Law for Correctional Institutions, Shelters for Minors and District Educational Centers

The subject of the contract is the supply of electricity within the meaning of the Energy Law for the National School of Judiciary and Public Prosecution