RULES OF PROCEDURE IN THE CONTEST

for the preparation and implementation of the project:

Gdańsk 2016 – the European Capital of Culture,

Gdańsk and the Gdańsk Metropolis 2016 – the European Capital of Culture

held in accordance with the Public Procurement Law Act of 29 January 2004 – Title III, Chapter 3 – Contest (consolidated text in: Journal of Laws 2007: No. 223, it. 1655)

Procedure No. BZP-340-174-BPKSiP/07/MST

AWARDING ENTITY:

Municipality of Gdańsk

City Hall in Gdańsk

80 – 803 Gdańsk, ul. Nowe Ogrody 8/12


TABLE OF CONTENT:

1. Name and Address of the Awarding Entity 03

2. Form of the Contest 03

3. Detailed Description of the Object of the Contest 03

4. Maximum Envisaged Total Cost of Performing the Work Based on the Contest Project 04

5. Scope of the Detailed Preparation of the Contest Project to Become the Object of the Contract to be Awarded under the Single Source Procurement Procedure 05

6. Information on the Declarations and Documents to be Provided by the Contest Participants in Order to Prove Their Compliance with the Requirements 05

7. Means of Communication between the Awarding Entity and the Contest Participants, and the Method of Providing the Declarations and Documents 06

8. Place and Deadline for Submission of the Requests to Participate in the Contest 06

9. Scope of the Content, Form, and Method of Presentation of the Conceptual Proposals 07

10. Place and Deadline for Submitting the Conceptual Proposals by the Participants Admitted to Stage One of the Contest 08

11. Criteria for Evaluating the Conceptual Proposals, and their Weights 08

12. Manner of Publishing the Results of Stage One in the Contest 09

13. Scope of the Content, Form, and Method of Presentation of the Contest Project 10

14. Place and Deadline for Submitting the Contest Projects by the Participants Admitted to Stage Two in the Contest 10

15. Criteria for Evaluating the Contest Projects, and their Weights 11

16. Composition of the Contest Jury 12

17. Prize Types and Values 13

18. Deadline for the Payment of Prizes, and the Deadline for the Invitation to Negotiations under the Single Source Procurement Procedure 13

19. Provisions Concerning the Transfer of the Financial Copyright to the Selected Contest Project, Including a Detailed Specification of the Areas of Use of the Contest Project, and the Provisions to be Included in the Contract 14

20. Manner of Publishing the Results of Stage Two in the Contest 15

21. Method of Providing Explanation Concerning the Rules of Procedure in the Contest 16

22. Instruction on the Measures of Legal Protection Available to the Contest Participants 16

23. Cancellation of the Contest 16

24. Materials Available to the Contest Participants 17


1. Name and Address of the Awarding Entity

The Awarding Entity (Contest Organiser) is the Municipality of Gdańsk with its registered address in Gdańsk at: ul. Nowe Ogrody 8/12, 80-803 Gdańsk.

2. Form of the Contest

2.1. The Contest will be conducted and the contract to be awarded as the result thereof shall be based on the following regulations of the law:

a) Public Procurement Law Act of 29 January 2004 (consolidated text in Journal of Laws 2007: No. 223, it. 1655),

b) Act on Copyright and Related Rights of 4 February 1994 (consolidated text in Journal of Laws 2006: No. 90, it. 631, as amended),

c) Decision No. 1622/2006/EC of the European Parliament and of the European Council of 24 October 2006 Establishing a Community Action for the European Capital of Culture Event for the Years 2007 to 2019.

2.2. None of the Contest preparation, conduct, or resolution methods infringe on any copyright.

2.3. The Contest shall be conducted in the Polish language. Any notifications, declarations, and/or other documents from the Participants should be given in the Polish language, although the Awarding Entity permits their submission in the English language. On the other hand, the Request to Participate in the Contest, the Conceptual Proposal, the Contest Project, and the required attachments thereto, must be submitted in both the Polish and English languages.

2.4. The Contest is an open, two-stage competition. The awards in the Contest are: money prizes, and an invitation to negotiations under the single source procurement procedure. The Contest Participants place their Requests to Participate, and the Awarding Entity reviews the Requests to verify their compliance with the prerequisites of eligibility for the Contest, invites the qualified Participants to submit their Conceptual Proposals for Stage I in the Contest, and finally invites the selected Participants to submit their Contest Projects for Stage II in the Contest.

2.5. Stage I in the Contest is dedicated to the development of the conceptual proposal.

2.6. Stage II in the Contest entails detailed elaboration of the conceptual proposals the Awarding Entity qualified for Stage II, with due consideration given to the comments from Awarding Entity formulated on the conceptual proposals, and developing a study of the proposed solution in terms of its costs and implementation.

2.7. The Rules of Procedure can be obtained from the Public Procurement Office at 8/12 Nowe Ogrody St., 80-803 Gdańsk, room 127, Mondays to Fridays, between 8:00 and 16:00 hours. The Rules of Procedure are also published on the website at the following address: www.gdansk.pl

3. Detailed Description of the Object of the Contest

The object of the Contest is to select the entity to become the operator of the Project entitled: Gdańsk – the European Capital of Culture 2016; Gdańsk and the Gdańsk Metropolis – the European Capital of Culture 2016, at both the preparation and implementation stages in compliance with the detailed guidelines and criteria laid down in the EP and EC Decision No. 1622/2006/EC. A copy of the Decision is enclosed to these Rules.

3.1. The object of the Contest, Stage I, is to submit the Conceptual Proposal comprising:
materials to be produced in two language versions, i.e. Polish and English in print-out and on the electronic medium (file format: .doc on a CD-R), to be composed of:

a) an essay on: Gdańsk – the European Capital of Culture – the Existing Base, and the Future Vision, its maximum volume being 5 standard-font pages (1800 characters per page),

b) a list of 10 names of outstanding figures of public life proposed for the sponsors of the Gdańsk 2016 – ECC project, attached with the rationale,

c) a tentative organisational vision of the ECC Programme Office in Gdańsk – maximum 4 pages (including the assumptions adopted for the financial calculations and the proposed promotional actions).

The conceptual proposal should be enclosed with the declaration assuring the proprietary nature of the presented materials and giving the Awarding Entity the right to process them for the purposes of the Contest.

3.2. The object of the Contest, Stage II, is to submit the Contest Project to be made up of:

1) a study on: The Existing Cultural Base in Gdańsk – the Resources, Specificity, Shortfalls, Expectations, Directions of Development (anticipated to comprise the Gdańsk Metropolis).

2) a detailed plan of the preparations, applications, and actions aimed at winning the title: Gdańsk 2016 – ECC, subdivided into two phases – 2008-2011, and 2012-2015 (anticipated to comprise the Gdańsk Metropolis).

3) the calendar of events of Gdańsk 2016 - ECC (anticipated to comprise the Gdańsk Metropolis).

4) the proposed organisation, structure, and financing of the Gdańsk 2016 – ECC Programme Office, split into 3 phases: 2008-2011, 2012-2015, and 2016, including the proposed Office name.

5) the time schedule for the organisation of the preparations, split into 3 phases: 2008-2011, 2012-2015, and 2016.

6) the project budget elaborated for each consecutive year.

7) information on the planned total cost of the performance of the work based on the Contest Project.

The Contest Project should be enclosed with a declaration assuring the proprietary nature of the presented materials and giving the Awarding Entity the right to process them for the purposes of the Contest.

4. Maximum Envisaged Total Cost of Performing the Work Based on the Contest Project

The Awarding Entity envisages the maximum total cost of performing the works based on the Contest Project in the years 2008 – 2011 at PLN 12 million (say: twelve million zlotys) gross, including:

in 2008 – PLN 3 M (say: three million zlotys) gross,

in 2009 – PLN 3 M (say: three million zlotys) gross,

in 2010 – 2011 – PLN 6 M (say: six million zlotys) gross.

Because the above figures may change until the Gdańsk City Council has passed the budget resolutions, the Awarding Entity advises that the here-given funds are quoted after the projections, whereas the ultimate expenditure limits earmarked to the project will be defined in the respective budget resolutions for each subsequent year.

The Awarding Entity plans the contract to be performed over the period of 2008 – 2011.

In the event the European Commission issues a positive decision qualifying Gdańsk for further application for the title of the European Capital of Culture 2016, the project implementation over the years 2012 – 2016 will be the subject matter of a separate contract.

5. Scope of the Detailed Preparation of the Contest Project to Become the Object of the Contract to be Awarded under the Single Source Procurement Procedure

Implementation of the approved programme and running the Gdańsk 2016 – European Capital of Culture 2016 Programme Office.

6. Information on the Declarations and Documents to be Provided by the Contest Participants in Order to Prove Their Compliance with the Requirements

6.1. The Contest can be participated in by contractors as construed in the Public Procurement Law Act: natural persons, legal persons, and organisational units with no personality at law, and teams of authors formed by such entities.

6.2. The Contest Participants making a joint entry shall appoint their authorised representative to represent them in the Contest procedure.

6.3. In addition, the Participants in the Contest must meet the eligibility prerequisites set forth in Art. 22.1 of the Public Procurement Law Act, and must not be subject to exclusion under Art. 24 of the same Act. They must furthermore have a track record of at least one interdisciplinary cultural project carried through in the period of three years immediately preceding the Contest launching date.

6.4. Compliance with the Contest eligibility prerequisites shall be verified by the Contest Jury appointed by the Awarding Entity. The verification of compliance with the prerequisites of eligibility for the procedure shall be based on the declarations and documentations submitted by the Contest Participants.

6.5. Any Contest Participant that fails to meet the requirements set forth in the Public Procurement Law Act shall be excluded from the Contest.

6.6. Any changes to the composition of the team over the period of the Contest duration shall only be permissible on obtaining consent from the Awarding Entity. The amended team shall continue to meet the prerequisite of point 6.3.

6.7. In the event the winning Contest Participant cannot meet the conditions specified above he/it/they shall be obliged to give a declaration of waiver of copyright and of transfer onto the Awarding Entity of all rights and titles to the presented Contest Project free of charge.

6.8. The Contest Participants (including those entering jointly) can each submit only one Conceptual Proposal and one Contest Project under the pain of exclusion from the Contest.

6.9. The Contest Participant shall present the Contest Project in compliance with the requirements laid down in these Rules of Procedure.

7. Means of Communication between the Awarding Entity and the Contest Participants, and the Method of Providing the Declarations and Documents

7.1. The Contest shall be held in writing. It is permissible to deliver declarations, notifications, and information via fax or electronic mail, though subject to point 7.2.

7.2. The Request to Participate, the Conceptual Proposal, and the Contest Project may only be submitted in writing.

7.3. Whenever any of the Awarding Entity or Participant deliver declarations, requests, notifications, or information by fax or e-mail, the receiving party shall, on request from the other party, confirm the receipt forthwith.

7.4. The authorised person to contact the Participants and be contacted in case any issue related to the subject matter of the Contest arises is the Contest Secretary for Content, Ms Ewa Adamska – Gdańsk City Hall, Presidential Office for Culture, Sport, and Promotion, 8/12 Nowe Ogrody St., 80-803 Gdańsk, Voivodship of Pomerania, tel. (058) 323-65-16, fax. (058) 323-65-15, e-mail: .

7.5. The authorised person to contact the Participants and be contacted in case any formal issue related to the Contest arises is the Contest Secretary for Organisation, Mr Michał Stupak - Gdańsk City Hall, Public Procurement Office, 8/12 Nowe Ogrody St., 80-803 Gdańsk, Voivodship of Pomerania, tel. (058) 323-61-27, fax. (058) 323-64-81, e-mail: .

8. Place and Deadline for Submission of the Requests to Participate in the Contest

8.1. The Contest Participants are required to submit their Requests to Participate in the Contest including the required declarations referred to in points 8.3 and 8.4 of these Rules of Procedure and deliver them to the following address: Urząd Miejski w Gdańsku, ul. Nowe Ogrody 8/12, 80-803 Gdańsk, Sala Obsługi Mieszkańców, stanowisko nr 16 [Resident Service Hall, stand No. 16]. The submissions should be provided in a sealed envelope bearing the following annotation on top: „Biuro Zamówień Publicznych – WNIOSEK O DOPUSZCZENIE DO KONKURSU na opracowanie i zrealizowanie projektu Gdańsk 2016 - Europejska Stolica Kultury, Gdańsk i Metropolia Gdańska 2016 – Europejska Stolica Kultury” and received by 15:00 hours on 4 February 2008. Submission of the documents constitutes the formal prerequisite of participation in the Contest.

8.2. The factor determining whether the deadline set in these Rules of Procedure is kept shall be the date and hour of the Awarding Entity’s receipt of the Request at its office, provided however that any Request to Participate shall also be considered submitted in time, if it is delivered in accordance with Art. 27.5 of the Public Procurement Law Act. The Article stipulates that the Request shall be deemed as made within the time limit, if it is sent in writing to the Awarding Entity prior to the expiry of the time limit for the submission of Requests to Participate and the Awarding Entity receives the same no later than within 7 days following the expiry of the deadline for submission of such requests, and further provided that the Awarding Entity is notified of submission of the Request on the telephone, by fax, or e-mail before the lapse of the time limit set for the delivery of the Requests to Participate.

8.3. The Request to Participate in the Contest (produced in accordance with the sample form attached to these Rules of Procedure) should contain: