Inquiry

for purchase/deliveryof Kraker burner nozzle

1. Buyer: Grupa Azoty Zakłady Azotowe „Puławy: S.A. would like to invite you to place your proposal in the tendering procedure. You are requested to submit a firm proposal free of charge and without commitment for us based on the following terms and conditions.

2. Scope of technical proposal: according to Enclosure No. 1

3. Scope of commercial proposal:according to Enclosure No. 1

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: March 2024

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 or USD 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:

Katarzyna Kozioł tel.: 48 81 565 35 19,

e-mail: katarzyna.koziol@grupaazoty.com

4. Submission deadline:Proposal shall be submittedby email till 25.09.2023.Any extension beyond that date should be agreed with us in writing.

5. 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.

6. 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.

7. Technical part of the proposal should be clear, detailed and in accordance with technical conditions of maintenance and acceptance (hereinafter called WTWiO) which, depending on goods, refer to material type, (of the whole product or its individual elements), work parameters, structure, dimensions, quality and supervision requirements etc. stated in Inquiry or alternatively in corrected Inquiry published by the Buyer before submission date.

In order to comply with the above mentioned requirement the Bidder shall enclose written declaration stating that the technical proposal is compliant with WTWiO outlined in Inquiry, excluding the alterations/deviations included in the list of alterations/deviations.

If any alterations/deviations from WTWiO are suggested, the Bidder is obliged to attach to the proposal the list of alterations/deviations(e.g. in the form of a table) together with justification. For each alteration/deviation the Bidder shall provide:

· requirement according to Inquiry;

· suggested alteration/deviation from this requirement;

· exhaustive technical justification that the suggested alteration/deviation is not
a worse solution than the requirement in Inquiry.

The Buyer has the right to reject the proposal and exclude it from the further stages of the purchasing proceedings in the following situations:

· the Bidder fails to provide the written declaration stating that the technical proposal is compliant with WTWiO outlined in Inquiry or/and,

· the Buyer does not accept all suggested alterations/deviations included in the list of alterations/deviations from WTWiO or/and,

· the Bidder fails to provide the alterations/deviations stated in the offer in the list of alterations/deviations from WTWiO.

8. 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.

9. Before the deadline of the proposals submission Buyer can modify the contents of the inquiry. Such modification will be sent by the Buyer to all Bidders.

10. Stages of the tender procedure:

1st stage – technical – verification of the proposals: correspondence regarding any clarifications, supplementations of the proposals, possible rejection of the proposals.

2nd stage– submitting final proposals

11. Proposal evaluation criteria:quality andprice

12. Crucial conditions for accepting the submitted proposal:

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

13. Parties excluded from the participation in the tender procedure:

1) Bidders who within the last 3 years have inflicted damage by not executing the order or executing it without due diligence, and the damage has not been voluntary remedied till the day of the start of the tender procedure, unless the non-performance of the order or order performance without due diligence is the result of the circumstances for which the Bidder does not bear the responsibility,

2) Bidders who are subject to liquidation proceedings or bankruptcy,

3) Bidders who are in arrears with the tax, fees or social or health insurance contribution payments, excluding the cases of the legally relevant exemption, deferment, division into installments of the overdue payments or total suspension of decision execution by the relevant body,

4) Natural and legal persons who have been sentenced for bribery, economic crimes, crimes committed in relations to the tender procedure or other crime committed for financial gain,

5) Bidders who within the last three years before start of the tender procedure have committed the act of unfair competition specified in Art. 10, 11, 12, 13, 15a of the Unfair Competition Act against Buyer or other company from Buyer’s Capital Group,

6) Bidders:

· who do not possess essential knowledge and experience as well as the capabilities to execute the order;

· who are in the economical and financial situation which does not secure the execution of the order.

The declarations stating that the Bidder is not exempted from the tender procedure described herein shall be submitted with the proposal.

14. Buyer decides to reject the proposal in the following circumstances:

a) the content of the proposal does not correspond significantly to the key conditions of the inquiry,

b) although asked to clarify or complete the proposal, the Bidder has not provided the required declaration/clarification/information in the appointed time or despite provided clarification/information he has still failed to meet conditions outlined in the inquiry,

c) the proposal is invalid according to separate regulations.

15. If the Bidder, whose proposal was chosen as the most favourable one, submits untrue information or in any other way avoids to conclude the Contract, the Buyer reserves the right to conclude the Contract with the Bidder whose proposal was ranked second in the conducted evaluation (Art. 70³ § 1 of the Polish Civil Code shall not apply). Hence, all the Bidders shall remain bound by the contents of the submitted proposals until the end of their validity period or notification from Buyer that the Contract has been concluded with the other Bidder, whichever of these circumstances occurs first.

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

17. Additional reservations:

a. Buyer reserves the right to close the tender procedure without selection of the proposal, to cancel the tender procedure without justification and to withdraw from its continuation at any stage until the signing of the Contract/Order. The Bidders shall not be entitled to demand any cost reimbursement or damages herefor.

b. This tender procedure is not subject to the regulations of the Act as of 29th January 2004 on public procurement law (Journal of Laws 2015. 2164 i.e. with the later amendments) and to protests and cancellations.

c. Buyer shall have the right to conduct further negotiations with the reservation that the alterations in relation to Inquiry, including the proposal evaluation criteria., which are unfavourable to Buyer, shall not be allowed.

d. Submission of the proposal by the Bidder means Bidder’s acceptance of the terms and conditions included in Inquiry.

e. This Inquiry can be used solely in accordance with its purpose and it cannot be disclosed to the third parties.

18. 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.

19. Grupa Azoty Zakłady Azotowe "Puławy" S.A. has the status of a large entrepreneur in the meaning of the Act of 8 March 2013 on counteracting excessive delays in commercial transactions (i.e. Journal of Laws of 2020, item 935 as amended).

20. Please acquaint yourself with our General Terms and Conditions at the following link: https://owz.grupaazoty.com/.

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

ENCLOSURE No. 1

SCOPE OF SUPPLY: spare parts

Item Qty Description

1. 5 Internal head , drawing A-02.11.-46.115 Rev.3,

in accordance with the documentation in electronic form

2. 5 Middle nozzle, drawing A-02.11.-46.116 Rev.2,

in accordance with the documentation in electronic form

3. 5 External head,drawing A-02.11.-46.114 Rev.3,

in accordance with the documentation in electronic form

Important

Documentation contains dimensions after machining. Castings should contains same surplus material.