Poland – Diesel oil – Zakup oleju napędowego do spalinowych oraz bimodalnych pojazdów trakcyjnych, będących w użytkowaniu Zamawiającego

The subject of the contract is the sale by the Contractor to the Purchaser of diesel fuel intended for diesel and bimodal traction vehicles in use by the Purchaser, meeting the requirements of the applicable Polish and European standards and the requirements specified in Annex No. 2 to the Contract Template – “Quality requirements for the supplied fuel” (hereinafter “Diesel Fuel”) and the delivery of Diesel Fuel to the above-ground and underground tanks, specified in detail in Annex No. 1 to the Contract Template – “Above-ground/Underground Tank” (hereinafter “Tanks”) located at the locations mentioned in Section 2, Article 2 of the SWZ, in an estimated quantity of 4,800,000 litres.

2. The Contractor is obligated to supply Diesel Fuel continuously according to the Purchaser's demand, including if necessary on Saturdays, Sundays, and public holidays, as well as on other days legally free from work, in accordance with the Act of 18 January 1951 on days free from work, based on orders placed by the Purchaser (hereinafter “Order”) to the Tanks located at the following locations (hereinafter “Delivery Site”): 1) in Poznań at ul. Kolejowa 23 – 2 Above-ground Tanks with a capacity of 5,000 litres each, 2) in Wągrowiec at ul. Leśna 1D – 1 Underground Tank with a capacity of 30,000 litres, 3) in Leszno at ul. Zacisze 15E – 1 Above-ground Tank with a capacity of 5,000 litres. The Purchaser reserves the right to change the Delivery Site according to the rules and on the terms specified in §11, Article 2, lit. c of the Contract Template.

3. The Purchaser will each time specify in the Order: the Delivery Site, the delivery date and time, and the quantity of Diesel Fuel required. Orders will be placed separately for each Delivery Site, and the time frame for their execution will be between 6:00 and 16:00.

4. The Purchaser is obligated to place Orders, as mentioned in Article 2, for a quantity of Diesel Fuel constituting 80% of the quantity specified in Article 1 (hereinafter “Guaranteed Quantity”). The Purchaser reserves the right to increase the quantity of Diesel Fuel above the Guaranteed Quantity, i.e., by a quantity constituting 20% of the estimated quantity indicated in Article 1 (hereinafter “Optional Quantity”) - using the option right, as mentioned in Article 441 of the PZP Act (hereinafter “Quantity Option”).

5. The Purchaser's use of the Quantity Option is the Purchaser's entitlement. The Contractor has no claims against the Purchaser regarding the Purchaser's non-use of the Quantity Option. The Purchaser's use of the Quantity Option obliges the Contractor to deliver to the Purchaser that part of the Optional Quantity of Diesel Fuel which corresponds to the scope used by the Purchaser from the Quantity Option.

6. Essential provisions regarding the conditions for activating the Quantity Option have been specified in the contract template, which is Annex No. 4 to the SWZ.

7. Due to possible difficulties in accessing: - the tank in the Leszno location, it is recommended to make deliveries with a tanker with a capacity not exceeding 20,000 litres – overview photos of the access are Annex No. 9 to the SWZ, - the tanks in the Poznań location – an overview photo of the access is Annex No. 10 to the SWZ.

8. The supplied Diesel Fuel must meet the requirements specified in Standard PN-EN 590:2022-08 and meet the quality requirements for liquid fuels according to the Regulation of the Minister of Climate and Environment of 26 June 2024 on quality requirements for liquid fuels (i.e. Dz. U. of 2024, item 1018).

9. The Purchaser informs that the purchased Diesel Fuel will be used exclusively for its own purposes.

10. Contractors who wish to be awarded the contract must: 1) not be excluded in the circumstances mentioned in Article 108, Section 1 of the PZP Act, with the reservation that in the Procedure the Contractor is not excluded in the case mentioned in Article 108, Section 1, point 1, lit. h of the PZP Act, and in the case mentioned in Article 108, Section 1, point 2 of the PZP Act, if the person mentioned in this provision was convicted of an offence mentioned in Article 108, Section 1, point 1, lit. h of the PZP Act; moreover, they are not excluded in the circumstances mentioned in: - Article 5k of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ EU L. of 2014, No 229, p. 1 with later amendments; hereinafter “Regulation 833/2014”), - Article 7, Section 1 of the Act of 13 April 2022 on special solutions in the field of counteracting the support for aggression on Ukraine and serving to protect national security (i.e. Dz. U. of 2025, item 514 with later amendments, hereinafter “Sanctions Act”), 2) meet the participation conditions in the Procedure specified by the Purchaser.