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

Contracting authorities are the members of the Electricity Procurement Group. The detailed list of entities that are the Contracting Authorities in this procurement procedure is contained in Annex 1 to the SWZ. 1. The subject of the contract is the purchase of electricity by the members of the Upper Silesian-Zagłębie Metropolitan Electricity Procurement Group for facilities with photovoltaic installations. The contract has been divided into three tasks. Task 1 - the subject of the contract includes the provision of a comprehensive service in the sense of art. 3 point 30 and art. 5 paragraph 3 of the law - Energy Law, covering the sale of electricity and ensuring the provision of electricity distribution services for the points of electricity consumption of the Contracting Authorities and their organizational units with a total estimated volume indicated in the OPZ for the delivery period, i.e. from 01.01.2027 to 31.12.2028. The Contractor is obliged to ensure the settlement of electricity generated and fed into the network in accordance with the relevant provisions of the law on renewable energy sources, with the applicable net metering settlement system, i.e. - the amount of energy supplied to the network will be settled quantitatively in the ratios specified in the OZE Act in art. 4 paragraph 1 point 1) or 2) and in art. 4 paragraph 1a point 1) lit. a) or b) depending on the installed power of the electricity. According to art. 4 paragraph 4 point 2) the Contractor will bear the costs of distribution charges in the scope of the difference in the amount of energy taken from the network and fed into the network. The Contractor will settle within the framework of the concluded comprehensive agreement the costs of electricity distribution according to the current distribution charges of the OSD, for which the Contracting Authority will make payments. Task 2 - purchase of electricity by the Contracting Authorities and their organizational units with a total estimated volume indicated in the OPZ for the delivery period, i.e. from 01.01.2027 to 31.12.2028 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 network will be settled on a value basis based on the amount of energy summarily balanced (determined in accordance with art. 4. paragraph 2a-2d of the OZE Act), in the scope of the difference between the value of the electrical energy fed into the distribution network, established in the manner specified in art. 4b of the OZE Act, and the value of the electrical energy taken from that network, established in the manner specified in art. 4c paragraph 3 of the OZE Act). The Contractor will not bear the costs of distribution charges in the scope of the difference in the amount of energy taken from the network and fed into the network. Task 3 - purchase of electricity by the Contracting Authorities and their organizational units with a total estimated volume indicated in the OPZ and the sale of electricity with a total estimated volume indicated in the OPZ for the delivery period, i.e. from 01.01.2027 to 31.12.2028 - the amount of energy supplied to the network will be sold by the Contracting Authority to the Contractor. 2. For Task 1 and 2 the Contractor in the settlements for the electricity taken and supplied by the Contracting Authority will apply the regulations specified in the remaining (not mentioned above) provisions of art. 4, art. 4b, art. 4c of the OZE Act. 3. The Contractor will carry out all the actions and agreements with the OSD necessary to carry out the procedure of changing the supplier and the effective start of electricity sales, including in particular: termination of existing comprehensive agreements, notification to the OSD of new electricity sales agreements. The Contractor will carry out these actions on the basis of the appropriate powers of attorney granted together with the conclusion of the electricity sales agreements. 4. Data on the amount of electricity purchased, fed into the network, taken from the network has an estimated character, are calculated on the basis of the previous electricity consumption. The electricity consumption forecast indicated in the SWZ is only an approximate value, which during the execution of the contract may increase or decrease. Regardless of the amount of consumption, the Contractor is obliged in each case to apply the unit prices of electricity offered in the tender. The Contractor will make financial settlements on the basis of the actual amounts of electricity taken and supplied to the Contractor by the OSD and the unit prices of electricity submitted in the offer and calculated on the basis of the pricing algorithms from the Commodity Energy Exchange for the given settlement periods and there can be no additional financial claims, if during the period of validity of the contract the Contracting Authorities participating in the procedure will receive or supply jointly from the Contractor a smaller or larger amount of electricity than forecasted with the indicated tolerance taken into account. 5. The Contracting Authorities will purchase electricity according to current needs and consequently the actual consumption may be less than the amount indicated in paragraph 1 by a maximum of 20%. 6. The sale of electricity will take place on the terms specified by the law: a. Energy Law of 10.04.1997 (i.e. Journal of Laws of 2026, item 43) and based on the executive regulations to this law: 1) regulation of the Minister of Climate and Environment of 22.03.2023 on the detailed conditions of the functioning of the power system (i.e.: Journal of Laws of 2025 item 919, with later amendments); 2) regulation of the Council of Ministers of 8.11.2021 on the detailed rules and manner of introducing restrictions in the sale of solid fuels and in the supply and consumption of electricity or heat (Journal of Laws of 2021 item 2209); 3) regulation of the Minister of Energy of 3.9.2026 on the manner of shaping and calculating tariffs and the manner of settlements in electricity 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 contract terms and in accordance with the Contractor's offer and in accordance with the provisions of the KC.