Poland – Natural gas – “Purchase, under a comprehensive agreement, of gaseous fuel and its distribution for the needs of the organizational units of the Pomeranian Voivodeship”

Opportunity description

1. The subject of the contract is the purchase, under a comprehensive agreement, of gaseous fuel and its distribution for the needs of the organizational units of the Pomeranian Voivodeship. 2. The sale of Gaseous Fuel will take place under the conditions specified by the provisions of the Act of 10 April 1997, Energy Law (i.e. Journal of Laws of 2026, item 43), and the implementing regulations issued pursuant thereto, 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 principles for establishing and calculating tariffs and settlements in gaseous fuel trading (i.e. Journal of Laws of 2021, item 280, as amended), as well as the Act of 26 January 2022 on special arrangements for the protection of gaseous fuel customers in connection with the situation on the gas market (Journal of Laws of 2022, item 202, as amended), and in accordance with the DSO gaseous fuel tariff, as well as the provisions of the Civil Code, the provisions of the Agreement, the provisions of the Terms of Reference and the rates contained in the tender form for the given delivery point. 3. The purchase will take place on the basis of a comprehensive agreement concluded between the Contractor and the Contracting Authority. 4. A detailed description of the subject of the contract is set out in Annex No. 1 to the SWZ and in the draft contractual provisions constituting Annex No. 2 to the SWZ. 5. The law applicable to this contract (including the agreement concluded as a result of this procedure and the assessment of the legal effects of all documents in this contract) is Polish law, taking into account European Union law. 6. The subject of the contract has not been divided into lots: The subject of the contract has established quality parameters defined by the Energy Law Act. For economic reasons, the subject of the contract has not been divided into lots. If the subject of the contract were divided into lots, it would not be possible to achieve the above-mentioned effect due to the lack of economies of scale, which, for a potential contractor, results from ensuring the sale, during the performance of the subject of the contract, of an attractive, relatively large volume of gaseous fuel under a stable, secure contract. Furthermore, another reason for not dividing this contract into lots is its identity in terms of subject matter, its temporal identity, and the possibility of the contract being performed by a single contractor. Dividing the contract into lots would certainly cause excessive organizational costs and, given the large number of gaseous fuel delivery points, excessive technical difficulties as well. It should additionally be stated that the need to coordinate activities in the event of division into lots would threaten the proper performance of the entire contract. 7. The Contracting Authority does not reserve the possibility of applying for the contract exclusively to Contractors referred to in Article 94 of the Pzp Act. 8. The Contracting Authority does not permit the submission of a variant tender referred to in Article 92 of the Pzp Act, i.e. a tender providing for a method of performing the contract different from that specified in this SWZ. 9. In all provisions of the SWZ and its annexes in which the Contracting Authority, due to the inability to describe the subject of the contract in a sufficiently precise and understandable manner, refers to standards, technical assessments, technical specifications or technical reference systems, or where trademarks, patents, sources of origin or specific processes that characterize products or services supplied by a specific contractor are indicated, pursuant to Article 99(5) and Article 101(4) of the Pzp Act, the Contracting Authority permits equivalent solutions. 10. Where the documents constituting the description of the subject of the contract provide the names of materials or products of specific manufacturers, this should be treated solely as specifying the desired standard and quality. In all such situations, the Contractor may offer equivalent materials and products with at least the same technical and quality parameters. Product equivalence means offering a product whose technical parameters of the materials used, performance, durability and quality are no worse than the quality of the products described in the SWZ. 11. A Contractor relying on equivalent solutions is required to demonstrate that the solution it offers meets the requirements specified by the Contracting Authority. In such a case, the Contractor shall attach to the tender a list of equivalent solutions together with their description or standards. 12. The Contracting Authority does not envisage concluding a framework agreement or establishing a dynamic purchasing system, nor does it envisage selecting the most advantageous tender by means of an electronic auction. 13. The Contracting Authority does not envisage awarding contracts pursuant to Article 214(1)(8) of the Pzp Act. 14. The Contracting Authority does not permit the submission of a tender in the form of electronic catalogues or the attachment of electronic catalogues to the tender in the situation specified in Article 93 of the Pzp Act. 15. The Contracting Authority does not envisage settlements in foreign currencies. Settlement of the contract is conducted in PLN. The subject of the contract is the purchase, under a comprehensive agreement, of gaseous fuel and its distribution for the needs of the organizational units of the Pomeranian Voivodeship. 1. The procedure is conducted in Polish, in electronic form, via the Procurement Platform. 2. Communication between the Contracting Authority and Contractors, including all statements, applications, notifications and information, should be transmitted via the Procurement Platform using the “Send a message to the contracting authority” form. If the contractor is already logged into the platformazakupowa.pl system, the “Send a message to the contracting authority” message form is unlocked and does not require additional verification. If the contractor is not logged in before beginning to complete the “Send a message to the contracting authority” form, the contractor is required to unlock the form by confirming its identity. The form can be unlocked by entering a one-time authorization code (without the need to create an account) or by logging into the platformazakupowa.pl system (recommended). 3. The date on which statements, applications, notifications and information are transmitted (received) shall be deemed to be the date on which they are sent via the Procurement Platform by clicking the “Send a message to the contracting authority” button, after which a message will appear stating that the message has been sent to the Contracting Authority. 4. The Contracting Authority permits, in an emergency, communication by electronic mail. The email address of the person authorized to contact Contractors is: zamowienia@pomorskie.eu (this does not apply to submitting tenders with attachments). 5. The Contracting Authority will provide information to Contractors electronically via the Procurement Platform. Information, notifications, changes and responses will be posted by the Contracting Authority on the Procurement Platform. Correspondence which, in accordance with the applicable regulations, is addressed to a specific Contractor will be transmitted electronically via the Procurement Platform to that specific Contractor, to the email address specified in the Contractor’s tender. 6. The Contractor, as a professional entity, is obliged to check communications and messages sent by the Contracting Authority directly on the Procurement Platform and by electronic mail—at the address specified in the tender—because the notification system may fail or a notification may be directed to the SPAM folder. 7. The Contracting Authority specifies the necessary technical requirements enabling work on the Procurement Platform, i.e. 1) an internet connection with a bandwidth of at least 2 Mbit/s; 2) the EDGE, Chrome or FireFox web browser in the latest available version, with Javascript enabled, accepting “cookies” or allowing the use of the browser’s local storage. platformazakupowa.pl is optimized for a minimum screen resolution of 1280x768 pixels. Furthermore, the Contracting Authority informs that there is a limit on the volume of files or compressed folders for the entire tender or application of 10 files or compressed folders (files may be compressed using archiving software, e.g. 7-Zip), with a maximum size of 150 MB for each file. 8. By participating in this public procurement procedure, the Contractor: 1) accepts the terms of use of the Procurement Platform specified in the Regulations posted on the Platform’s website under the “Regulations” tab and recognizes them as binding; 2) has read and complies with the current Instructions for submitting tenders/applications available at: https://platformazakupowa.pl/strona/45-instrukcje. 9. The Contracting Authority shall not be liable for the submission of a tender in a manner inconsistent with the Instructions for use of the Procurement Platform, in particular for a situation in which the Contracting Authority becomes acquainted with the contents of the tender before the deadline for submitting tenders (e.g. submission of a tender under the “Send a message to the contracting authority” tab). Such a tender will be regarded by the Contracting Authority as a commercial offer and will not be considered in this procedure because the obligation imposed by Article 221 of the Pzp Act has not been fulfilled. 10. The Contracting Authority informs that instructions for using the Procurement Platform, concerning in particular logging in, submitting requests for clarification of the contents of the SWZ, submitting tenders and other activities undertaken in this procedure using the Procurement Platform, can be found under the “Instructions for Contractors” tab on the website at: platformazakupowa.pl/strona/45-instrukcje. Other information contained on the Platform that does not concern its technical use is not binding on Contractors. 11. Pursuant to Article 135 of the Pzp Act, the Contractor may submit a request to the Contracting Authority for clarification of the contents of the SWZ. 12. The Contracting Authority is obliged to provide clarification without delay, but no later than 6 days before the deadline for submitting tenders, provided that the request for clarification of the contents of the SWZ was received by the Contracting Authority no later than 14 days before the deadline for submitting tenders. 13. If the Contracting Authority does not provide clarification within the time limit referred to in paragraph 12, it shall extend the deadline for submitting tenders by the time necessary for all interested Contractors to familiarize themselves with the clarifications necessary for the proper preparation and submission of tenders. 14. If the request for clarification of the contents of the SWZ was not received within the time limit referred to in paragraph 12, the Contracting Authority is not obliged to provide clarification of the SWZ or to extend the deadline for submitting tenders. 15. Extension of the deadline for submitting tenders referred to in paragraph 13 does not affect the running of the time limit for submitting a request for clarification of the contents of the SWZ. 16. The Contracting Authority shall make the content of the questions, together with the clarifications, available on the Procurement Platform without disclosing the source of the question. 17. With regard to matters not regulated by this SWZ, the provisions of the Pzp Act and the Regulation of the President of the Council of Ministers of 30.12.2020 on the manner of preparing and transmitting information and the technical requirements for electronic documents and means of electronic communication in a public procurement or design contest procedure shall apply. Procedure: open. Review the original TED notice for the complete requirement, lots, amendments and attachments.