1. The subject-matter of the contract is the supply of electricity in accordance with the Energy Law Act of 10 April 1997 (consolidated text: Dz. Journal of Laws 2024, item 266 as amended) for the needs of the Municipality of Michałowice and the organisational units of the Municipality of Michałowice, i.e.: 1) Municipal Kindergarten in Michałowice, ul. Kuchy 9, Reguły, 05-816 Michałowice 2) Municipal Kindergarten in Michałowice, Szkolna 13, 05-816 Michałowice-Osiedle 3) Primary School in Michałowice, ul. Szkolna 15, 05-816 Michałowice-Osiedle 4) M. Dąbrowska High School Complex in Komorów, ul. Maria Dąbrowska 12/20, 05-806 Komorów 5) Nicolaus Copernicus School and Pre-school Complex in Nowa Wieś, Główna 96, 05-806 Granica 6) Nicolaus Copernicus School and Pre-school Complex in Nowa Wieś, Główna 52A, 05-806 Granica 7) Care and Residential Centre, Rules, ul. Kuchy 13, 05-816 Michałowice 8) Maria Dąbrowska Communal Public Library, ul. Kraszewskiego 3, 05-806 Komorów and associations: 9) Volunteer Fire Brigade, ul. Main 2 05-806 Nowa Wieś 2. The total estimated electricity consumption [MWh] for the period 01.06.2025 – 31.12.2026 for all units is 6 989,042 MWh. 3. The description of the subject-matter of the contract is contained in Annex 1 to the SWZ. 4. The model contract is set out in Annex 3 to the SWZ, together with Annex 1 (list of electricity consumption points covered by the contract) and Annex 2 (power of attorney). 5. The description of the subject-matter of the contract sets out quality standards relating to all the essential characteristics of the subject-matter of the contract (the subject-matter of the contract is standardised – it will be performed identically, regardless of which Contractor performs it), taking into account all life-cycle costs – margin, costs of commercial balancing, transaction fees, costs of profile variability, costs of schedule variability, costs of gratification, costs of conventional energy, costs of property rights and excise duty. Apart from the above-mentioned costs, the Ordering Party does not provide for other costs of electricity supply. 6. Employment requirements (social clauses) are not applicable. 7. The contracting authority shall not allow partial tenders to be submitted. The division of the contract into lots is not justified for the following reasons: one of the recitals of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114), hereinafter referred to as ‘the Directive’, was to strengthen the potential of small and medium-sized enterprises (SMEs) and facilitate their participation in the public procurement market; in the case of contracts for the supply of electricity, regardless of whether or not the contract is divided into lots, the potential circle of electricity suppliers will remain unchanged – in accordance with Polish law, entities engaged in the sale of electricity are required to obtain a licence for trading in electricity issued by the President of the Energy Regulatory Office; in connection with the above, the non-division of the Order by the Contracting Authority does not limit the participation of small and medium-sized enterprises in the public procurement market, and as a consequence is not contrary to the above-mentioned recital of the Directive, b) the Contracting Authority additionally decided not to divide the Order into parts for reasons resulting from the specificity of the Polish electricity market; by cumulating the estimated demand (expressed in MWh) for electricity of all entities participating in the tender for the period from 1 June 2025 to 31 December 2026. The Contracting Authority optimises the costs of purchasing electricity during the period indicated above for those entities to which electricity will be supplied; division of the Order into parts would make it impossible to achieve the assumptions of the establishment and objectives of the Purchasing Group, including obtaining the same net price per MWh of electricity supplied to each of the EPP, respectively for street lighting and facilities and buildings listed in Annex No. 1 to the SWZ.
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