Poland – Natural gas – Kompleksowa dostawa gazu ziemnego dla punktów poboru w „Uzdrowisko Rymanów” S.A. – znak sprawy DMC-03/26

The subject of this contract is the comprehensive supply (sale and distribution) of high-methane natural gas type E for the needs of Uzdrowisko Rymanów S.A. in Rymanów-Zdrój for the period 01.01.2027 to 31.12.2027. The estimated planned quantity of gas to be purchased is 5,882,776.00 kWh. The Detailed Description of the Contract Subject is Annex No. 1 to SWZ together with Annexes to OPZ. The Annex contains data on the points of intake, current tariff groups, contractual capacity and forecasted consumption. 2) The data indicated in Annex No. 1 to SWZ constitute a forecast of gas consumption and serve solely for the comparison of submitted offers, but in no case do they constitute a commitment by the Purchaser to purchase gas in the quantities indicated in the Annex. 3) The Contractor will supply the gas fuel in the quantity corresponding to the actual demand of the Purchaser, regardless of the estimated consumption forecast, for a period of 12 months. 4) The Contractor will be obliged to ensure the quality parameters of the gas fuel, quality standards of service to the Purchaser and the manner of handling complaints in accordance with the applicable legal provisions in this respect, in particular with Chapter 8 of the Regulation of the Minister of Economy of 2 July 2010 on detailed conditions for the functioning of the gas system (i.e. Journal of Laws of 2018, item 1158 with later amendments). 5) The supply of gas fuel will take place on the basis of a contract containing the provisions of the sales contract and the service contract for the distribution of gas, in accordance with the applicable law, in particular in accordance with the Act of 10 April 1997 on Energy Law (Journal of Laws of 2022, item 1385 with later amendments). 6) The Contractor is obliged to carry out all actions and agreements with the Distribution System Operator (DSO) necessary to carry out the procedure for changing the supplier, whereby the Purchaser informs that it currently realizes the comprehensive supply of gas fuel on the basis of a contract concluded for a specified period, i.e. until 31.12.2026. 7) The Purchaser's facilities are subject to the Tarnów Branch of the Gasworks in Tarnów of Polskie Spółki Gazownictwa sp. z o.o. 8) The Contractor is obliged to keep the Purchaser informed about the contractual capacity performed. In the event of the impossibility of placing this information on the invoice, its presentation in the form of an annex to the invoice is allowed. 9) The Purchaser is partially exempt from excise duty on the basis of art. 31b.2 of the Act of 6 December 2008 on Excise Duty (Journal of Laws 2022, item 143). In Annex 1.2, the Purchaser presents a statement from the recipient regarding the intended use of the gas fuel for the purpose of calculating the excise duty, which is an annex to the currently implemented comprehensive contract for the supply of gas fuel - 2 items covering PPG exempt from excise duty and with a set excise duty rate. 10) The Purchaser declares that the points of intake of the organizational units indicated in the list in Annex No. 2a to SWZ are subject to tariff protection provided for in the Act of 26 January 2022 on special solutions serving to protect recipients of gas fuels in connection with the situation on the gas market (Journal of Laws of 2022, item 202). In Annex 1.1, the Purchaser presents a statement from the recipient of gas fuels regarding the intended use of the gas fuel referred to in art. 62bb.1 of the Energy Law, which is an annex to the currently implemented comprehensive contract for the supply of gas fuel. Exclusion of the Contractor in connection with counteracting the aggression on Ukraine (mandatory exclusion). The Contractor is excluded from the procedure for awarding the contract: 1) listed in the lists specified in Regulation 765/2006 and Regulation 269/2014 or entered on the list on the basis of a decision on the entry on the list determining the application of the measure, referred to in art. 1.3 of the Act on special solutions in the field of counteracting the support of aggression on Ukraine and serving to protect national security (Journal of Laws 2023, item 1497) hereinafter the Act on special solutions 2) whose ultimate beneficiary in the meaning of the Act of 1 March 2018 on counteracting money laundering and terrorist financing (Journal of Laws of 2022, items 593, 655 and 835) is a person listed in the lists specified in Regulation 765/2006 and Regulation 269/2014 or entered on the list or being such an ultimate beneficiary from 24 February 2022, if it was entered on the list on the basis of a decision on the entry on the list determining the application of the measure, referred to in art. 1.3 of the Act on special solutions, 3) whose controlling entity in the meaning of art. 3.1.37 of the Act of 29 September 1994 on Accounting (consolidated text Journal of Laws of 2023, item 120 with later amendments) is a subject listed in the lists specified in Regulation 765/2006 and Regulation 269/2014 or entered on the list or being such a controlling entity from 24 February 2022, if it was entered on the list on the basis of a decision on the entry on the list determining the application of the measure, referred to in art. 1.3 of the Act on special solutions - the exclusion takes place for the duration of the circumstances specified in point 1) – 2) 4) on the basis of art. 5k of Regulation No. 833/2014 of 31 July 2014 concerning restrictive measures in view of actions by Russia destabilising the situation in Ukraine - including subcontractors, suppliers or entities, the capacity of which is relied upon in the meaning of directives on public procurement, in the case where they account for more than 10% of the value of the contract.