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

The contracting authorities are the members of the Electricity Procurement Group. A detailed list of the contracting authorities participating in the procedure is contained in Annex 1 to the SWZ.

1. The subject of the contract is the purchase of electrical energy by the participants of the Upper Silesian-Zagłębie Metropolitan Electricity Procurement Group for facilities equipped 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 accordance with art. 3 point 30 and art. 5 section 3 of the Act – Energy Law, including the sale of electrical energy and the provision of electrical energy distribution services for the contracting authorities' points of energy take-off and their organisational units with a total estimated volume indicated in the OPZ during the delivery period, i.e. from 1 January 2027 to 31 December 2028. The contractor is obliged to ensure the settlement of electrical energy generated and fed into the grid in accordance with the relevant provisions of the Act on Renewable Energy Sources, while maintaining 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 RES Act 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 electrical energy. In accordance with art. 4 section 4 point 2) the Contractor will bear the costs of distribution charges within the difference in the amount of energy taken from the grid and fed into the grid. The Contractor will settle the costs of electrical energy distribution within the framework of the concluded comprehensive agreement according to the current distribution charges of the OSD, for which the contracting authority will make payments. Task 2 - purchase of electrical energy by the contracting authorities and their organisational units with a total estimated volume indicated in the OPZ during the delivery period, i.e. from 1 January 2027 to 31 December 2028 with the reservation of other start of sale dates given in Annex 2 to the SWZ (OPZ) for individual PPE – the amount of energy supplied to the grid will be settled on a value basis based on the amount of energy summarily balanced (determined in accordance with art. 4.2a–2d of the RES Act), within the difference between the value of electrical energy fed into the distribution electrical network, determined in the manner specified in art. 4b of the RES Act, and the value of electrical energy taken from that network, determined in the manner specified in art. 4c section 3 of the RES Act). The contractor will not bear the costs of distribution charges within the difference in the amount of energy taken from the grid and fed into the grid. Task 3 - purchase of electrical energy by the contracting authorities and their organisational units with a total estimated volume indicated in the OPZ and the sale of energy with a total estimated volume indicated in the OPZ during the delivery period, i.e. from 1 January 2027 to 31 December 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 will apply the regulations specified in the remaining (not mentioned above) provisions of art. 4, art. 4b, art. 4c of the RES Act in the settlements for energy taken and supplied by the contracting authority.

3. The contractor will carry out all actions and agreements with the OSD necessary to carry out the procedure of changing the seller and the effective start of selling electrical energy, including in particular: terminating existing comprehensive agreements, notifying the OSD of new electrical energy sales agreements. The contractor will carry out these actions on the basis of the relevant powers of attorney granted upon the conclusion of the electrical energy sales agreements.

4. The data on the amount of electrical energy purchased, fed into the grid, taken from the grid is of an estimated nature, calculated on the basis of previous electrical energy take-offs. The electricity consumption forecast indicated in the SWZ is only an approximate value, which may increase or decrease during the performance of the contract. Regardless of the amount of consumption, the contractor is obliged in each case to apply the unit prices of energy offered in the tender. The contractor will make financial settlements based on the actual amounts of electrical energy taken and supplied to the contractor by the OSD and the unit prices of energy submitted in the offer and calculated on the basis of pricing algorithms from the Commodity Energy Exchange for the given settlement periods and there may be no additional financial claims, if during the validity of the agreement the contracting authorities participating in the procedure receive or supply from the contractor a smaller or larger amount of electrical energy than forecasted taking into account the indicated tolerance.

5. The contracting authorities will purchase electrical energy according to current needs and as a consequence the actual consumption may be less than the amount indicated in point 1 by a maximum of 20%.

6. The sale of electrical energy will take place on the terms specified in the Act: a. Energy Law of 10 April 1997 (i.e. Journal of Laws of 2026, item 43) and on the basis of the executive provisions to this Act: 1) the regulation of the Minister of Climate and Environment of 22 March 2023 on the detailed conditions for the functioning of the electrical system (i.e.: Journal of Laws of 2025 item 919, with later amendments); 2) the regulation of the Council of Ministers of 8 November 2021 on the detailed rules and procedure for introducing restrictions in the sale of solid fuels and in the supply and take-off of electrical or heat energy (Journal of Laws of 2021 item 2209); 3) the regulation of the Minister of Energy of 3 September 2026 on the method of shaping and calculating tariffs and the method of settlements in electrical energy trading (Journal of Laws of 2026 item 1182) b. On Renewable Energy Sources (i.e. Journal of Laws of 2026 item 68); c. The rules specified in the concessions, in accordance with the provisions of the agreement conditions and in accordance with the contractor's offer and in accordance with the provisions of the KC.