Poland – Electricity – Zakup energii elektrycznej przez uczestników Grupy Zakupowej Górnośląsko – Zagłębiowskiej Metropolii dla obiektów posiadających instalacje fotowoltaiczne

The contracting authorities are the participants of the Electricity Procurement Group. A detailed list of the entities that are the contracting authorities in the subject procedure is contained in Annex No. 1 to the SWZ. 1. The subject of the contract is the purchase of electricity by the participants of the Upper Silesian-Zagłębie Metropolitan Group for objects with photovoltaic installations. The contract has been divided into three tasks. Task 1 - the subject of the contract covers the provision of a comprehensive service in the sense of art. 3 point 30 and art. 5 section 3 of the Act – Energy Law, covering the sale of electricity and ensuring the provision of electricity distribution services for the contracting authorities' points of electricity take-off and their organisational units with a total estimated volume indicated in the OPZ for the supply period, i.e. from 01.01.2027 to 31.12.2028. The contractor is obliged to ensure the settlement of electricity generated and fed into the grid in accordance with the relevant provisions of the Act on Renewable Energy Sources, with the applicable net metering settlement system, i.e. – the amount of energy supplied to the grid will be settled quantitatively in the ratios specified in the Act on RES in art. 4 section 1 point 1) or 2) and in art. 4 section 1a point 1) lit. a) or b) depending on the installed capacity of electricity. According to art. 4 section 4 point 2) the Contractor will bear the costs of distribution charges in the scope of the difference in the amount of energy taken from the grid and fed into the grid. The Contractor will settle the costs of electricity distribution within the framework of the concluded comprehensive agreement according to the current rates of distribution charges of the DSO, for which the contracting authority will make payments. Task 2 - purchase of electricity by the contracting authorities and their organisational units with a total estimated volume indicated in the OPZ for the supply period, i.e. from 01.01.2027 to 31.12.2028 with the reservation of other dates of commencement of sale given in Annex No. 2 to the SWZ (OPZ) for individual PPE – the amount of energy supplied to the grid will be settled on a value basis on the basis of the amount of energy summarily balanced (determined in accordance with art. 4. section 2a–2d of the Act on RES), in the scope of the difference between the value of electricity fed into the distribution grid, determined in the manner specified in art. 4b of the Act on RES, and the value of electricity taken from this grid, determined in the manner specified in art. 4c section 3 of the Act on RES). The Contractor will not bear the costs of distribution charges in the scope of the difference in the amount of energy taken from the grid and fed into the grid. Task 3 - purchase of electricity by the contracting authorities and their organisational units with a total estimated volume indicated in the OPZ and sale of electricity with a total estimated volume indicated in the OPZ for the supply period, i.e. from 01.01.2027 to 31.12.2028 – the amount of energy supplied to the grid will be sold by the contracting authority to the Contractor. 2. For Task 1 and 2 the Contractor in the settlements for the electricity taken and supplied by the contracting authority will apply the regulations specified in the remaining (not mentioned above) provisions of art. 4, art. 4b, art. 4c of the Act on RES. 3. The Contractor will carry out all the actions and agreements with the DSO necessary to carry out the procedure of changing the supplier and the effective commencement of electricity sales, including in particular: the termination of existing comprehensive agreements, the notification to the DSO of new electricity sales agreements. The Contractor will carry out these actions on the basis of the appropriate powers of attorney granted together with the conclusion of electricity sales agreements. 4. Data on the amount of electricity purchased, fed into the grid, taken from the grid have an estimated character, are calculated on the basis of previous electricity take-offs. The forecast of electricity consumption indicated in the SWZ is only an approximate value, which during the performance of the contract may increase or decrease. Regardless of the amount of consumption, the Contractor is obliged in each case to apply the unit prices of electricity offered in the tender. The Contractor will make financial settlements on the basis of the actual quantities of electricity taken and supplied to the Contractor by the DSO and the unit prices of electricity submitted in the offer and calculated on the basis of the price algorithms from the Energy Commodity Exchange for the given settlement periods and no additional financial claims may arise if during the validity of the contract the contracting authorities participating in the procedure receive or supply jointly from the Contractor a smaller or larger amount of electricity than forecasted with the indicated tolerance taken into account. 5. The contracting authorities will make purchases of electricity according to current needs and as a consequence the actual consumption may be lower than the amount indicated in point 1 by a maximum of 20% 6. The sale of electricity will take place on the terms specified in the Act: a. Energy Law of 10.04.1997 (i.e. J. U. of 2026, item 43) and on the basis of the executive provisions to this Act: 1) regulation of the Minister of Climate and Environment of 22.03.2023 on the detailed conditions of the functioning of the power system (i.e.: J. U. of 2025 item 919, with later changes); 2) regulation of the Council of Ministers of 8.11.2021 on the detailed rules and procedure for introducing restrictions in the sale of solid fuels and in the supply and take-off of electricity or heat (J. U. of 2021 item 2209); 3) regulation of the Minister of Energy of 3.9.2026 on the method of shaping and calculating tariffs and the method of settlements in electricity trading (J. U. of 2026 item 1182) b. On Renewable Energy Sources (i.e. J. U. of 2026 item 68); c. The rules specified in the concessions, in accordance with the provisions of the contract conditions and in accordance with the Contractor's offer and in accordance with the provisions of the KC.