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 for diesel and bimodal traction vehicles in use by the Purchaser, meeting the requirements of the applicable Polish and European standards, as well as 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, paragraph 2 of the SWZ, in the estimated quantity: 4,800,000 litres. 2. The Contractor is obliged to supply Diesel fuel continuously, according to the Purchaser's demand, including, if necessary, on Saturdays, Sundays and holidays, based on orders placed by the Purchaser (hereinafter "Order") to Tanks located at the following locations (hereinafter "Delivery Location"): 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 Location in accordance with the rules and conditions specified in §11, paragraph 2, lit. c of the Contract Template. 3. The Purchaser will each time specify in the Order: the Delivery Location, the delivery date and time, and the quantity of the requested Diesel fuel delivery. Orders will be placed separately for each of the Delivery Locations, and the time frame for their implementation will be between 6:00 and 16:00. 4. The Purchaser is obliged to place Orders, as referred to in paragraph 2, for a quantity of Diesel fuel constituting 80% of the quantity specified in paragraph 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 paragraph 1 (hereinafter "Optional Quantity") - using the option right, as referred to in Article 441 of the PZP Act (hereinafter "Quantity Option"). 5. The Purchaser's use of the Quantity Option is the right of the Purchaser. The Contractor has no claims against the Purchaser for 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 of the Purchaser's use of the Quantity Option. 6. Essential provisions regarding the conditions for the implementation of 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 – illustrative photos of the access are Annex No. 9 to the SWZ, - the tanks in the Poznań location – an illustrative photo of the access is Annex No. 10 to the SWZ. 8. The supplied Diesel fuel must meet the requirements specified in the Standard PN-EN 590:2022-08 and meet the quality requirements for liquid fuels in accordance with the Regulation of the Minister of Climate and Environment of 26 June 2024 on quality requirements for liquid fuels (i.e. Journal of Laws 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 referred to in Article 108, paragraph 1 of the PZP Act, with the reservation that in the Procedure the Contractor is not excluded in the case referred to in Article 108, paragraph 1, point 1, lit. h of the PZP Act, and in the case referred to in Article 108, paragraph 1, point 2 of the PZP Act, if the person referred to in this provision has been convicted of an offence listed in Article 108, paragraph 1, point 1, lit. h of the PZP Act; moreover, they are not excluded in the circumstances referred to 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. 2014, No 229, p. 1, as amended; hereinafter "Regulation 833/2014"), - Article 7, paragraph 1 of the Act of 13 April 2022 on special solutions in the field of counteracting the support of aggression on Ukraine and serving to protect national security (i.e. Journal of Laws of 2025, item 514, as amended, hereinafter "Sanctions Act"), 2) meet the conditions for participation in the Procedure specified by the Purchaser.