Poland – Natural gas – „Zakup w ramach umowy kompleksowej paliwa gazowego i jego dystrybucji na potrzeby jednostek organizacyjnych Województwa Pomorskiego”

1. The subject of the procurement is the purchase of natural gas fuel and its distribution for the needs of the organisational units of the Pomorskie Voivodeship within the framework of a comprehensive agreement. 2. The sale of Natural Gas Fuel will take place on the terms specified in the Act of 10 April 1997 on Energy Law (i.e. Journal of Laws of 2026, item 43) and the executive regulations issued on the basis thereof, in particular: the Regulation of the Minister of Economy of 2 July 2010 on the detailed conditions for the operation of the gas system (i.e. Journal of Laws of 2025, item 1382 as amended), the Regulation of the Minister of Energy of 15 March 2018 on the detailed rules for shaping and calculating tariffs and settlements in the trade of gaseous fuels (i.e. Journal of Laws of 2021, item 280 as amended) and the Act of 26 January 2022 on special solutions to protect recipients of gaseous fuels in connection with the situation on the gas market (Journal of Laws of 2022, item 202 as amended) as well as in accordance with the tariff for natural gas OSD, as well as the provisions of the Civil Code, the provisions of the Agreement, the provisions of the Terms of Procurement and the rates included in the tender form for a given point of collection. 3. The purchase was made on the basis of a comprehensive agreement concluded between the Contractor and the Contracting Authority. 4. A detailed description of the subject of the procurement was specified in Annex No. 1 to the SWZ and in the draft provisions of the agreement constituting Annex No. 2 to the SWZ. 5. The applicable law for this procurement (including for the agreement concluded as a result of this procedure and for the assessment of the legal consequences of all documents in this procurement) is Polish law taking into account the law of the European Union. 6. The subject of the procurement has not been divided into parts: The subject of the procurement has set quality parameters, which are defined by the Energy Law. The subject of the procurement has not been divided into parts for economic reasons. By dividing the subject of the procurement into parts, it would not be possible to achieve the above-mentioned effect due to the lack of scale effect, which for the potential contractor results in ensuring the sale of a relatively large volume of natural gas in the period of implementation of the subject of the procurement in the framework of a stable, safe contract. Furthermore, another reason for not dividing this procurement into parts is its subject matter, temporal identity and the possibility of implementing the procurement by one contractor. Dividing the procurement into parts would certainly result in excessive costs of its organisation and, given the large number of natural gas collection points, also excessive technical difficulties. It should also be noted that the need to coordinate actions in the event of a division into parts would threaten the proper implementation of the entire procurement. 7. The Contracting Authority does not reserve the possibility of tendering exclusively by Contractors, as referred to in Article 94 of the Pzp Act. 8. The Contracting Authority does not allow the submission of a variant offer, as referred to in Article 92 of the Pzp Act, i.e. an offer providing for a different method of executing the procurement than that specified in this SWZ. 9. In all the provisions of the SWZ and its annexes, where the Contracting Authority, due to the lack of possibility to describe the subject of the procurement in a sufficiently precise and understandable manner, refers to standards, technical assessments, technical specifications or technical reference systems, or where trade marks, patents, sources of origin or special processes are indicated, which characterise the products or services supplied by a specific contractor, in accordance with Article 99(5) and Article 101(4) of the Pzp Act, the Contracting Authority allows equivalent solutions. 10. In cases where the documents constituting the description of the subject of the procurement provide the names of materials, products of specific manufacturers, this should be treated only as an indication of the desired standard and quality. In all such situations, the Contractor may offer equivalent materials, products with at least the same technical and quality parameters. By equivalence of the product, we mean the offer of a product whose technical parameters of the materials used, performance, durability and quality are not worse than the quality of the products described in the SWZ. 11. The Contractor who refers to equivalent solutions is obliged to prove that the solution offered by him meets the requirements specified by the Contracting Authority. In such a case, the Contractor attaches to the offer a list of equivalent solutions together with its description or standards. 12. The Contracting Authority does not envisage the conclusion of a framework agreement and the establishment of a dynamic purchasing system and does not envisage the selection of the most advantageous offer with the use of an electronic auction. 13. The Contracting Authority does not envisage the awarding of orders on the basis of Article 214(1)(8) of the Pzp Act. 14. The Contracting Authority does not allow the submission of an offer in the form of electronic catalogues or the attachment of electronic catalogues to the offer, in the situation specified in Article 93 of the Pzp Act. 15. The Contracting Authority does not envisage settlement in foreign currencies. The procurement is settled in PLN.