Inquiry

for purchase/deliveryof CRANKSHAFT for hydrogen compressor type 2HA/3

1. The Buyer: GRUPA AZOTY Zakłady Azotowe "Puławy" Spółka Akcyjna invites bidders to submit bids in this proceeding with an option of an electronic auction conducted on the Purchasing Platform at the following web address:

https://platformazakupowa.grupaazoty.com/.

We declare that GRUPA AZOTY Zakłady Azotowe "Puławy" Spółka Akcyjna has the status of a large entrepreneur within the meaning of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions. (i.e. Journal of Laws of 2021, item 424 as amended)

2. Scope of technical proposal:

CRANKSHAFT pos. 1B acc. to drawing SOP-18391/0 – 1 pc

Nuovo Pignone, type 2HA/3;

Serial No. 6305

Part No.: SSP 51290/2; Drawing No.: SOP 18391/0-1b

Work parameters:

Temperature: 190°C

Medium: hydrogen

Requirements:

1. Execution according to Nuovo Pignone catalogue;

2. Certificate of Compliance with order (calling catalogue numbers and device) with delivery;

3. Identification marking with serial number and catalogue number.

3. Scope of commercial proposal:Enclosure No. 3 draft of contract (detailed requirements)

3.1. Scope of supply: shall be in conformity with the technical part of the inquiry.

3.2. Delivery base: DAP - Incoterms 2020. In case of overseas deliveries please quote the country of origin.

3.3. Time of delivery: 31.10.2023

3.4. Guarantees:The period of warranty should be at least thirty six (36) months from the delivery date.

3.5. Price: fixed prices to be quoted in EUR pursuant to the aforementioned scope of supply.

3.6. Payment terms:100 % of the price within 30 days from the receipt of invoice after delivery by telegraphic bank transfer.

In case when the down payment is proposed, it should be secured against down payment bank guarantee.

3.7. Language: Proposal shall be submitted in Polish or English language.

3.8. Contact persons:

· Formal and technical matters:Jolanta.Jaworska tel.: +81 564 35 13

e-mail: .Jolanta.Jaworska@grupaazoty.com

• technical matters related to the Purchasing Platform and electronic auctions
Helpdesk: tel. +48 71 787 35 34; +48 71 787-37-27; +48 71 787 37 57; e-mail:helpdesk@logintrade.net

3.9 Date and form of submission:The offer should be submitted till 08.09.2023 viaemail to Jolanta.Jaworska@grupaazoty.com Submission of an offer at a later date requires our written consent.

3.10 Proposal validity period: At least three (3) months. The proposal validity period starts with the proposals submission deadline. Buyer can request the extension of the proposal validity period before its expiration.

3.11 Sanction statement according to specimen being Enclosure No. 1 to this Inquiry.

3.12 References: Please provide us with at least 3 references for the subject of this inquiry made for chemical plants. References should be from the last 10 years (it does not apply to the compressor producer).

Please indicate at least Project theme and value.

4 Proposal effectiveness: Acceptance of the placed proposal requires our clear declaration that the proposal has been chosen as the most favourable one and additionally signing of the Purchase Order or Contract by the authorised persons, unless it is stated otherwise in the declaration of the chosen proposal. Otherwise the proposal is regarded as not accepted.

5 The offer in the technical part should be legible, detailed and compliant with technical conditions of execution and acceptance (hereinafter referred to as TCEA), depending on the delivery subject, related among others to the offered: material grades (of which the whole product or its particular elements are to be made), working parameters, construction, dimensions, quality requirements, supervision requirements, etc. specified in this ToR or possibly corrected ToR announced by the Buyer before the deadline for submitting offers.

In order to meet the above requirement, the Bidder shall enclose to its offer a Statement on compliance of the technical part of the offer with the TCEA given in the ToR, except for deviations given in the List of deviations... as shown below.

When deviations from the TCEA are proposed, the Bidder shall enclose to its bid
a study/table entitled List of deviations, with justification, from the TCEA given in the ToR, in which, for each deviation, it shall be stated:

• requirement acc. to ToR

• proposed deviation from the requirement according to ToR

• comprehensive technical justification that the offered deviation is not inferior to the requirements of the ToR

In case of:

• failure to attach to the offer a Statement on compliance of the technical part of the offer with the ToR, or/and

• non-acceptance by the Buyer of all the deviations, with justification, proposed in the List of Deviations from the TCEA given in the ToR, and/or

• failure to include in the List of deviations from the TCEA specified in ToR, with their justification, the deviations actually included in the offer.

the Buyer will exclude the offer in question from further proceedings.

6.Bidder can send to the Buyer a query to clarify the content of inquiry not later than
5 days before the proposals submission deadline. Written clarification will be sent to all Bidders without revealing which of the Bidder made a query. The Buyer reserves the right not to answer queries sent after the appointed deadline.

The Buyer may modify the contents of the request for quotation before the deadline for submission of quotations. The Buyer shall send such modification to all participants in the procedure.

7. Procedure:

Stage I – technical – offers verification, supplementation or rejection.

Stage II - submission of final offers. Failure to submit an updated offer within the prescribed time limit or unjustified refusal to participate in the electronic auction shall be tantamount to accepting the commercial terms and conditions presented in the original offer as final.

8. Crucial conditions for accepting the submitted proposal:

(1) Proposal has been approved by the main user from the technical point of view

9. Method of submitted offers evaluation:price (possible additional criteria like guarantee, delivery date, other agreed with GC)

If in the procurement procedure it is not possible to select the most advantageous bid due to the fact that offers with the same price have been submitted, and it proves impossible to conduct an electronic auction, the Buyer shall call upon the Bidders who submitted their offers to submit additional final offers on a date specified by the Buyer.

When submitting their final bids, bidders may not offer higher prices than those offered in their bids.

10. The Buyer may exclude the following from the procurement procedure:

a) Bidders who do not have the necessary knowledge, experience and capacity to perform the contract

b) Bidders who are not in an economic and financial position to perform the contract.

c) Bidders who have, within the last 3 years before the initiation of the proceedings, caused damage by failing to execute the contract or by executing it improperly, and this damage has not been voluntarily compensated by the date of the initiation of the proceedings, unless the failure to execute or the improper execution is the result of circumstances for which the Bidder is not responsible;

d) Bidders against whom liquidation, bankruptcy or restructuring proceedings have been opened, against whom bankruptcy has been declared and Bidders who after declaring bankruptcy have made an arrangement approved under a valid court decision, provided that the arrangement provides for satisfaction of creditors by liquidation of the bankrupt's assets. The above limitation does not apply to companies of Grupa Azoty;

e) Bidders who did not submit the required statements or did not meet other requirements specified in the ToR or other document, in which the requirements for participation of Bidders in the proceedings were specified,

f) Bidders who have submitted false information affecting the outcome of the conducted Procedure,

g) Bidders who have not agreed to an extension of the period for which they are bound by the Tender,

h) Bidders who have not submitted Sanction statement according to article 3.11.

The offer must be accompanied by a statement that the Bidder is not subject to exclusion from the tender procedure described in this section.

11. The Buyer shall decide to reject a tender if:

a) the contents of the offer do not substantially correspond to the content of the request for quotation,

b) despite a request for supplementation, the Bidder failed to submit the required statements, clarifications/supplements within the specified time or despite the sent clarifications/supplements the offer still does not meet the requirements of the enquiry,

c) the offer is invalid under separate provisions.

12. Offer selection:

The Buyer will enter into a Contract with the Bidder whose bid is found to be the most advantageous. The Contract shall be concluded after the signature of the Purchase Order submitted to the Bidder. In matters not regulated in the Purchase Order, the General Conditions of Purchase published on the website of the Buyer https://pulawy.grupaazoty.com/upload/3/files/2020/OWZ.pdf and on the purchasing platform shall apply.

13. All costs of proposal preparation and participation in the tender procedure are borne by the Bidder.

Additional reservations:

a) We reserve the right to close the procedure without selecting an offer, to cancel the procedure without giving any reason, as well as to withdraw from its continuation at any stage up to the signing of the contract/order. Participants in the proceedings shall not be entitled to claim reimbursement of any costs or claims for damages on this account.

b) We reserve the right to choose freely among the offer.

c) The present proceedings are not subject to the provisions of the Public Procurement Law of 11 September 2019 (Journal of Laws 2019, item 2019) neither protests nor appeals.

d) The Buyer is entitled to conduct further negotiations with selected bidders, with the reservation that no changes are allowed to the detriment of the Buyer to the essential terms of the ToR, including the criteria for evaluation of tenders.

e) Submission of a bid by the Bidder is tantamount to acceptance of the conditions contained in the ToR.

14. This Inquiry can be used only according to its purpose, it cannot be made available to any third parties.

15. Each Party shall process the personal data related to the business partners, collaborators, employees, statutory representatives, other representatives and proxies of the other Party provided as a result of the purchasing procedure.

Both Parties declare to process the personal data made available by the other Party in compliance with the stipulations of the applicable regulations on the personal data protection, in particular with the General Data Protection Regulation (GDPR).

Detailed information connected with the personal data processing required as per Articles 13 and 14 of the General Data Protection Regulation, in particular purpose, range, time of storage and way of exercising rights connected with the personal data protection are available in the informative clause. The Procurer makes available to the Bidder the informative clause. It can be found at our website.

The Bidder declares to fulfill the information obligation within the time indicated in GDPR with regard to all the persons mentioned above, on behalf of the Procurer acting as the personal data administrator. The fulfillment of the obligation can be made in particular through supplying of the full wording to those specified above, by the Bidder.

Please get acquainted with the General Data Protection Regulation clause and confirm it in a statement included in your offer.

Please include this inquiry number in all correspondence to us.Should you have any questions regarding this inquiry, please do not hesitate to contact us.