We invite you to take part in the competition procedure for the Selection of a Partner for the realisation of a multifunctional hall with a hotel as part of the expansion of the AMBEREXPO facility at Żaglowa Street in Gdańsk, together with the lease and operation of the hotel section. The organiser is Międzynarodowe Targi Gdańskie S.A.
Definitions of terms used:
1. AMBEREXPO – an Exhibition and Congress Centre located in the Letnica district of Gdańsk, between Marynarki Polskiej Street and Żaglowa Street, in the immediate vicinity of the Polsat Plus Arena Gdańsk stadium;
2. Investor – the company Międzynarodowe Targi Gdańskie S.A. with its registered office in Gdańsk at ul. Żaglowa 11 (80-560 Gdańsk), for which the District Court Gdańsk-Północ in Gdańsk maintains the register of entrepreneurs under KRS number 0000038362;
3. Competition – these proceedings held for the purpose of selecting a Partner;
4. Consortium – two or more entities jointly applying to carry out the Project;
5. Most advantageous offer – the competition offer of a Competition Participant selected by the Organiser, which received the highest score during the competition proceedings;
6. Property – the property comprising plots no.: 134/3, 134/4, 132/6, 132/7 and 133/3, located at ul. Żaglowa 11 in Gdańsk, on which the Facility is to be built;
7. Facility – a multifunctional exhibition, conference and congress hall with a hotel section, to be built as part of the expansion of the AMBEREXPO facility, the hotel section of which will be leased to the Partner, under which the Partner will ensure that hotel services are provided within it, either by the Partner or by another professional entity;
8. Partner – an entity or Consortium of entities, selected through the Competition, with which the Investor will conclude an Agreement;
9. Project – the expansion of the AMBEREXPO facility to include a new exhibition, conference, congress and hotel space, together with the lease, management and ongoing operation of hotel services at the Facility.
10. Invitation – this document;
11. Competition Participant – an entity or Consortium that has submitted an application for admission to participate in the Competition and has been qualified for it. The Investor allows for the possibility of a single application for admission to participate in the Competition being submitted by several entities, including Consortia;
12. Agreement – the agreement or agreements that the Investor will conclude with the Partner selected through the Competition, setting out the principles of cooperation and implementation of the Project.
CHAPTER I
BASIC INFORMATION
1. Competition Organiser
The Competition is organised by the company Międzynarodowe Targi Gdańskie S.A.
2. Purpose of the Competition
The purpose of the Competition is to select a Partner for the realisation of the Project.
The Project involves commissioning the Partner to expand the AMBEREXPO facility to include a new exhibition, conference and congress space, and a hotel, i.e. the construction of the Facility. As part of the Project, the hotel section will be leased to the Partner, under which the Partner will ensure that hotel services are provided within it, either by the Partner or by another professional entity.
3. Description of the Project.
The Investor intends to carry out the Project on the Property, constituting the next stage of the investment relating to the AMBEREXPO Exhibition and Congress Centre. The current stage of works assumes the expansion of AMBEREXPO to include a new exhibition, conference and congress space together with a hotel. The Facility will consist of the following number of storeys:
• 8 (eight) making up the entrance pavilion with catering and hotel functions,
• 1 (one) exhibition storey making up the multifunctional hall,
• 2 (two) storeys making up the storage and back-of-house section.
Assumed timeline for the realisation of the Project:
• Occupancy permit for the Hall together with the entrance pavilion and the storage and back-of-house section – 30.07.2025
• Occupancy permit for the hotel – 30.06.2026
Assumed lease period for the hotel by the Partner – min. 15 years.
Functions of the Facility:
A Area of the hotel section: approx. 7,131 m2
– the ground floor of the facility containing, alongside the entrance area to the multifunctional hall, the entrance to the hotel section,
– five hotel storeys, comprising hotel rooms, utility and technical rooms, a breakfast room with a club annexe and kitchen back-of-house,
– a three-star standard hotel section, containing 160 rooms (34 single, 122 double, including 4 adapted for people with disabilities, and 4 triple),
– an additional 4 rooms for hotel service staff (room service), including 2 rooms with sanitary facilities,
– hotel floors served by two lifts for guests, plus a service lift, which additionally serves as a lift for rescue teams.
B Area of the multifunctional exhibition hall: approx. 3,990 m2
– a multifunctional hall for use for exhibition, conference and congress purposes, as well as for film production, event organisation and stage performances,
C Area of the storage and back-of-house section: approx. 1,514 m2
– rooms serving as back-of-house for concerts and film production, with convenient access for deliveries via a loading bay.
It is assumed that the Partner will build the Facility with functions A, B and C and will take function A under lease in order to operate the hotel. Details will be discussed during negotiations in Stage III of the Competition.
Design documentation together with a presentation regarding the Project will be made available to entities interested in participating in the Competition, once these entities have submitted an application undertaking to use the documentation received solely for the purpose of preparing their participation in the Competition, in accordance with Annex No. 4.
CHAPTER II
STAGES OF THE COMPETITION PROCEEDINGS
Stages of the Competition
The Competition is assumed to be carried out in the following stages:
Stage I – invitation to participate in the Competition, prequalification
a. The Investor has published the Invitation to participate in the Competition regarding the realisation of the Project. This is the prequalification Stage, aimed at selecting entities interested in participating in the Competition that meet the conditions ensuring the ability to carry out the Project.
b. In response to the invitation, Competition Participants submit applications to obtain the design documentation together with a presentation regarding the Project. On this basis, they will be able to analyse the scope of the Project and the possibilities for further participation in the Competition.
c. Participants submit applications for admission to participate in the Competition, together with the required documents demonstrating that they meet the Conditions of Participation in the Competition as per Annex No. 3.
d. Applications for admission to participate in the Competition must be submitted by 09.08.2024, 3:00 pm
e. The Investor verifies whether the Conditions of Participation in the Competition have been met.
f. At this stage, the Investor reserves the right to ask additional questions of entities applying to participate in the Competition.
g. The Investor may admit to participation in the Competition a Participant who submitted an application after the deadline referred to in point d.
Stage II – submission of preliminary offers
a. The Investor will provide Competition Participants who have successfully passed the prequalification stage with the design documentation and a preliminary draft agreement(s) for the realisation of the Project, i.e. drafts containing the planned contractual provisions for the construction works and the lease of the hotel facility.
b. The Investor will invite Competition Participants to submit preliminary offers.
c. On the basis of the preliminary offers, the Investor will qualify participants for Stage III – negotiations. The Investor assumes it will conduct negotiations with between 3 and 5 Competition Participants.
Stage III – negotiations
a. In Stage III, the Investor conducts negotiations with the Competition Participants qualified for this stage.
Stage IV – submission of final offers
a. Once negotiations in Stage III have concluded, the Investor will prepare a final draft Agreement for the construction works and the lease of the hotel section, together with annexes, which will be provided to the Competition Participants who took part in the negotiations, together with an invitation to submit final offers.
b. Competition Participants will submit final offers.
Stage V – selection of the Partner
a. The Investor will select the Partner.
CHAPTER III
CONDITIONS OF PARTICIPATION IN THE COMPETITION AND THEIR ASSESSMENT
1. An entity/Consortium with experience in constructing (building) both halls and buildings intended for hotel operations (hotel, aparthotel, student hall of residence), and with experience in running a professional hotel business, may take part in the Competition.
2. Participants who meet the following conditions will be qualified to take part in the Competition:
A. Technical conditions:
1) within the last 15 years before the date of announcement of the competition proceedings (completion of construction), or, if the period of business activity is shorter, within that period, demonstrates experience in constructing (building) at least:
➢ 2 exhibition, industrial, storage or multifunctional halls (i.e. combining these functions), together with installations and site development, with a usable area of no less than 5,000 m² each and works value of at least PLN 30,000,000 gross.
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➢ 2 buildings intended for hotel operations (hotel, aparthotel, student hall of residence) with at least 120 hotel rooms each and works value of at least PLN 30,000,000.00 gross.
2) In the case of a Consortium, the Technical conditions must be met in full by at least one member of the Consortium.
3) A Consortium Participant may indicate in its application that it will entrust the construction works to a general contractor and, with respect to this condition, rely on the resources of that third party. In such a case, the Consortium Participant shall submit, together with the application, that entity's undertaking that it will act as the general contractor for the Facility.
4) In order to confirm that the Competition Participant meets the conditions set out in paragraph 1, the Competition Participant shall submit:
➢ a list of construction works completed within the periods indicated above, stating the subject matter, dates of completion and the entities for which the works were carried out, together with evidence confirming that these works were carried out properly and on time, whereby such evidence shall consist of references or other documents drawn up by the entity for which the works were carried out. A template of the list is provided in Annex No. 1.
B. Economic conditions:
1) A Competition Participant may take part in the Competition if it demonstrates that, within a maximum of 1 month before the deadline for submitting applications for admission to participate in the Competition, it has financial resources or creditworthiness of no less than PLN 30,000,000.00. In the case of a Consortium, this condition may be met by the members of the Consortium jointly.
2) In order to confirm that the Competition Participant meets the condition set out in point 1), the Participant shall submit:
➢ information from a bank or a credit union confirming the amount of financial resources held, or confirming the creditworthiness held, within a maximum of 1 month before the deadline for submitting applications for admission to participate in the Competition.
3) A Competition Participant may take part in the Competition if it demonstrates that, in each of the last three financial years, or, if the period of business activity is shorter, within that period, the Competition Participant achieved annual turnover (understood as net revenue) of no less than PLN 200,000,000.00. In the case of a Consortium of entities, this condition must be met in full by at least one of the members of the Consortium.
4) in order to confirm that the Competition Participant meets the condition set out in point 3), the Participant shall submit:
➢ a profit and loss account or financial statement, if required by the law of the country in which the entity has its registered office or place of residence. An entity not obliged to prepare a financial statement should provide other documents specifying turnover for the last three financial years.
C. Conditions relating to experience in running a hotel business
1) A Competition Participant may take part in the Competition if it demonstrates that, within the last 15 years before the deadline for submitting applications for admission to participate in the Competition (or, if the period of business activity is shorter, within that period), it operationally managed a hotel facility with at least 150 hotel rooms for a continuous period of no less than 3 years.
2) in order to confirm that the Competition Participant meets the condition set out in point 1), the Participant shall submit:
➢ a list relating to experience in running a hotel business, in accordance with Annex No. 5.
3) A Competition Participant may demonstrate experience directly as a hotel operator, or as the owner of a hotel run by a professional hotel operator, or may rely on the experience of a third party – a professional hotel operator. If a Consortium Participant indicates in its application that it will entrust the running of the hotel to a professional hotel operator, it shall submit, together with the application, that entity's undertaking that it will take part in the Project as the hotel operator.
4) A Competition Participant may take part in the Competition if it demonstrates that it has at its disposal a person with at least 3 years' experience serving as "General Manager" of a hotel facility with at least 150 rooms.
5) in order to confirm that the Competition Participant meets the condition set out in point 4), the Participant shall submit:
➢ a list relating to experience in running a hotel business, in accordance with Annex No. 5.
CHAPTER IV
COURSE OF STAGE I
Verification of compliance with the conditions of participation in the competition
1. At this stage, the Investor invites the submission of applications to participate in the competition,
2. Interested entities apply to obtain the design documentation and presentation regarding the Project in order to become thoroughly familiar with the Investor's requirements and the scope of the Project's realisation.
3. Interested entities may ask the Investor questions. Answers to questions will be published on the website.
4. Participants submit applications for admission to the proceedings together with the documents indicated in this invitation. Participants shall attach documents confirming compliance with the conditions described in Chapter III.
Form of document submission
1. The application for admission to participate in the Competition and the undertakings of third parties must be submitted in a form bearing a qualified electronic signature or a trusted signature. The Competition Participant submits the application for admission to participate in the Competition using the form provided in Annex No. 3. A confidentiality declaration in accordance with Annex No. 2 must be attached to the application.
2. Documents evidencing compliance with the conditions may be submitted in original form or as copies certified as true copies by the Competition Participant – certification is carried out by affixing a qualified electronic signature or a trusted signature.
3. A power of attorney – if one is granted – must be in original form, or as a notarially certified true copy, or as a copy certified by the grantor (principal) – certification is carried out by affixing a qualified electronic signature or a trusted signature.
4. Documents drawn up in a foreign language must be submitted together with a translation into Polish.
Assessment of documents
1. In Stage I, the Investor will assess the applications for admission to participate in the Competition with regard to compliance with the conditions of participation in the Competition.
2. In case of doubt, the Investor reserves the right to request additional clarifications from Competition Participants.
3. At the same time, in the event of errors, obvious mistakes or omissions, the Investor will call upon the entity to submit additional explanations, corrections or supplements.
4. The Investor will inform qualified Competition Participants of the next stage of the Competition by sending an invitation to submit preliminary offers.
Marking and method of submitting applications for admission to participate in the Competition
Applications for admission to participate in the Competition should be submitted to the email address given in this invitation, namely: hala.hotel@amberexpo.pl, stating in the subject line: KONKURS_ETAP I
Deadline for submitting applications for admission to participate in the Competition
Deadline for submitting applications for admission to participate in the Competition: Multipurpose hall with hotel: 09.08.2024, 3.00 pm.
CHAPTER V
FINAL PROVISIONS
Invalidation or cancellation of the Competition
1. The Investor may invalidate or cancel the Competition without giving a reason at any time.
2. The Investor may change the content of the competition documentation and the assumptions of the competition.
3. Competition Participants take part in the Competition at their own expense. The Investor will not reimburse any costs of participation in the Competition.
Providing explanations and queries from Competition Participants, contact details
1. Competition Participants may address the Investor with questions concerning the conditions contained in the competition documentation and the conditions for implementing the Undertaking.
2. Correspondence concerning the Competition is conducted electronically to the address: hala.hotel@amberexpo.pl.
3. Explanations and answers to queries provided are binding on all Competition Participants.
Obligation to maintain confidentiality
The Investor and Competition Participants undertake to maintain confidentiality regarding all information arising from the documents and disclosed in the course of the competition, as well as information concerning the organisation of the competition and its course.
Appeals, protests, law and courts
1. The Investor does not provide for the possibility of Competition Participants submitting appeals and protests at any stage of the competition proceedings, nor after its conclusion.
2. Polish law (substantive and procedural) applies to the Competition and Agreements.
3. The Competition does not constitute a tender or auction within the meaning of the provisions of the Civil Code. The Competition announcement constitutes an invitation to negotiate.
4. Any disputes arising in connection with the Competition or the conclusion of the Agreements or their content, or their performance, will be resolved amicably, and if an agreed solution is not reached, by the common courts under Polish substantive and procedural law, before the court with jurisdiction over the Investor's registered office.
Storage of documents
After settling the Competition, the Organiser places all documents submitted by Competition Participants in the course of the competition proceedings into its own archive. Submitted documents and offers are not returned to Competition Participants.
GDPR
1. The information obligation resting on the Investor arising from Article 13 of the GDPR concerns individuals whose personal data has been obtained in connection with the Competition.
2. With regard to the persons referred to in paragraph 1 above, the Organiser informs that the Controller of their data is Międzynarodowe Targi Gdańskie S.A. with its registered office in Gdańsk, ul. Żaglowa 11, 80-560 Gdańsk.
3. The personal data obtained will be processed on the basis of Article 6(1)(b) of the GDPR for the purpose connected with selecting an Operator on the basis of the Agreement concluded in connection with the Competition.
4. The recipients of personal data will be persons or entities to whom the competition documentation is made available on the basis of the provisions on access to public information, entities cooperating with the Controller on the basis of concluded agreements in the performance of activities related to its statutory business, i.e. entities providing the following services: IT, marketing, legal, sales, debt collection, accounting and other auxiliary services.
5. Personal data will be stored until the conclusion of the Competition and selection of the Operator, and after its conclusion for the purposes of fulfilling obligations under the law, archival purposes, pursuing claims or defending rights, for the period necessary to achieve the purposes indicated above, or until the Participant lodges a justified objection to the processing of personal data.
6. With regard to the personal data in question, decisions will not be taken in an automated manner, pursuant to Article 22 of the GDPR.
7. Persons whose personal data has been obtained in connection with the Competition have the right to access the content of their data and the right to have it rectified or to restrict its processing.
8. Every person also has the right to lodge a complaint with the President of the Personal Data Protection Office (at the address of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw).
9. Persons whose personal data has been obtained in connection with the competition are not entitled to:
a. the right to erasure of personal data, pursuant to Article 17(3)(e) of the GDPR,
b. the right to object to the processing of personal data under Article 21 of the GDPR, since the basis for processing personal data is Article 6(1)(b) of the GDPR.
10. Contact with the Controller's Data Protection Officer is possible in writing to the Organiser's registered office address and by email at: do@mtgsa.com.pl. The Controller's Data Protection Officer details are shown on the website https://amberexpo.pl/polityka-prywatnosci/
Attachments:
1. template list regarding technical conditions;
2. template confidentiality declaration;
3. template application for admission to participate in the proceedings;
4. request for access to project documentation and the Undertaking Presentation;
5. template list regarding experience conditions in running hotel operations
