INQUIRY for purchase/delivery of piston rods for compressor type 5HHE-3 and circulating pump 1HHE-1

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Mervin Dalton
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1 Date: Our reference: IKZM2/ 2155/2018 INQUIRY for purchase/delivery of piston rods for compressor type 5HHE-3 and circulating pump 1HHE-1 1. Buyer: Grupa Azoty Zakłady Azotowe Puławy: S.A. would like to invite you to place your proposal in the tendering procedurę with the second round conducted via an electronic auction on the Purchasing Platform at the following address: 2. Scope of technical proposal: according to the requirements outlined in Technical Attachment 3 Scope of commercial proposal: 3.1. Scope of supply: shall be in conformity with the technical part of the inquiry Delivery base: DAP - Incoterms In case of overseas deliveries please quote the country of origin Time ofdelivery: Guarantees: The period of warranty should be at least twenty four (24) months from delivery date Price: fixed prices to be quoted in EUR or USD pursuant to the aforementioned scope of supply Payment terms: 100 % of the price within 60 days after delivery by telegraphic bank transfer. In case of payment terms below 60 days the following reservation applies: if the payment date is different than Friday the payment becomes required on the nearest Friday after a settled payment date. Good performance bank guarantee issued for not less than the amount of 10% of the Contract price will be requested. In case when the down payment is proposed, it should be secured against down payment bank guarantee References: Please provide us with the reference list, particularly in case of the subject of this inquiry as well as prospects, catalogues and information regarding your company, offered products and implemented Quality Control System Language: Proposal shall be submitted in Polish or English language Address: Proposal shall be delivered to the following address: GRUPA AZOTY Zakłady Azotowe Puławy" Spółka Akcyjna Procurement Department Aleja Tysiąclecia Państwa Polskiego 13 Owjpa Azoty Al. Tysiąclecia Państwa Polskiego 13 t. +4fl f: with its seat m Świdnik, VI Wydział Gospodarczy KRS Tax Identification Number (NIP) com

3.11. Contact persons: Format and technical matters: Jolanta Jaworska tel.: +48 81 565 35 13, fax.: +48 81 565 34 96 e-mail: jolanta.jaworska@grupaazoty.

2 3.11. Contact persons: Format and technical matters: Jolanta Jaworska tel.: , fax.: Technical matters regarding Purchasing Platform and electronic auctions: Helpdesk: tel ; ; ; 4*1% *HĘt* «JhkJP#iiii * ' helpdesk@logintrade.net Submission deadline: Proposal shall be submitted till Any extension beyond that date should be agreed with us in writing Proposal validity period: At least three (3) months. The proposal validity period starts with the proposals submission deadline. Buyer can request the extension od the proposal validity period before its expiration Proposal effectiveness: Acceptance of the placed proposal requires our elear declaration that the proposal has been chosen as the most favourable one (please refer to the notification point 12.) 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. 4. Technical part of the proposal should be elear, detailed and in accordance with technical conditions of maintenance and acceptance (hereinafter called WTWiO) which, depending on goods, refer to materiał type, (of the whole product or its individual elements), work parameters, structure, dimensions, quality and supervision requirements etc. stated in lnquiry or alternatively in corrected lnquiry 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 lnquiry, excluding the alterations/deviations included in the list of alterations/deviations (as described below). 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 lnquiry; suggested alteration/deviation from this requirement; exhaustive technical justification that the suggested alteration/deviation is not a worse solution than the requirement in lnquiry. 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 lnquiry or/and, A k ^Giupa Azoty t f: District Gourt for Lublin-Wschód of Lublin Tax Identificalion Number (NIP) ,

3 ŁAWY 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 Bidder can send to Buyer a query to clarify the contents of INOUIRY not later than 5 days before the proposals submission deadline. Written clarification will be sent to all the Bidders without revealing which of the Bidders made a query. Buyer reserves the right not to answer the queries sent after the appointed deadline. Before.the deadline of the proposals submission Buyer can modify the contents of the inquiry. Such modification is sent by Buyer to all the Bidders. Stages of the tender procedurę: 1st stage - technical - verification of the proposals: correspondence regarding any clarifications, supplementations of the proposals, possible rejection of the proposals. 2nd stage - submitting finał proposals via eiectronic auction conducted on the Purchasing Platform (it refers only to the proposals which have been accepted at the previous stages of the tender procedurę). Non-submission of the updated proposals in the predetermined time or unjustified rejection to participate in the eiectronic auction shall be treated as accepting commercial terms and conditions of the primary proposal as finał. Proposal evaluation criteria: price Crucial conditions for accepting the submitted proposal: (1) Proposal has been approved by the main user from the technical point of view Parties excluded from the participation in the tender procedurę: 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 procedurę, 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 legał persons who have been sentenced for bribery, economic crimes, crimes committed in relations to the tender procedurę or other crime committed for financial gain, 5) Bidders who within the last three years before start of the tender procedurę 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, t f: Tax Identification Number (NIP) Share capital: PLN www pulawy.com

azoty 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

4 azoty 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 procedurę described herein shall be submitted with the proposal. 11. 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. 12. Choice of the proposal: All Bidders who have submitted their proposals shall be notified about the results of the tender procedurę immediately after proposals evaluation, i.e. they shall be informed whether their proposal has been evaluated as the most favourable one without the disclosure of the data and terms and conditions of the proposals sent by other Bidders. 13. 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 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. 14. All costs of proposal preparation and participation in the tender procedurę are borne by the Bidder. 15. Additional resen/ations: a) Buyer reserves the right to close the tender procedurę without selection of the proposal, to cancel the tender procedurę 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 procedurę is not subject to the regulations of the Act as of 29th January 2004 on public procurement law (Journal of Laws i.e. with the later amendments) and to protests and cancellations. c) Buyer shall have the right to conduct further negotiations with the chosen Bidder with the reservation that the alterations in relation to INOUIRY, 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 INOUIRY can be used solely in accordance with its purpose and it cannot be disclosed to the third parties. Grupa Azoty t f: District Court for Lublin Wschód of Lublin KRS Tax Identification Number (NIP} , Share capital; PLN

5 16. You are kindly requested to fili in, sign and send back the attached ACKNOWLEDGMENT OF INOUIRY within three (3) working days sińce the receipt date of this inquiry. 17. 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 procedurę. - 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, rangę, 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 kontakt/lang/pl-pl/default.aspx. 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 fuli 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. Kind regards, Jolanta Jaworska Procurement Department umpa Azoty Zakłai Remigiusz Itowe Puławy" Świercz Kieroi n i*]t Działu Zakupów Materia] y jwjaca^ści Zamiennych Ptf łmirnr cnik Enclosures: 1. Technical Attachment 2. Acknowledgment of inquiry Grupa Azoty t f: Tax Identification Number (NIP} ,

TITLE VII LIABILITY FOR INFRINGEMENT OF PROVISIONS OF THIS ACT TITLE VIII AMENDMENTS TO THE PROVISIONS IN FORCE TITLE IX INTERIM AND FINAL PROVISIONS

TITLE VII LIABILITY FOR INFRINGEMENT OF PROVISIONS OF THIS ACT TITLE VIII AMENDMENTS TO THE PROVISIONS IN FORCE TITLE IX INTERIM AND FINAL PROVISIONS Note: The English translation of the Act below has been provided by the Public Procurement Office for information purposes only. Only the official Polish text of the Act should be considered authentic.