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Invitation



Szczecin, 9th July 2021

ANNOUNCEMENT OF INITIATING THE PROCEEDINGS AND THE INVITATION TO PARTICIPATE IN THE PROCEEDINGS

I. DESCRIPTION OF THE SUBJECT MATTER OF THE PROCEEDINGS
1. ZARZĄD MORSKICH PORTÓW SZCZECIN I ŚWINOUJŚCIE S.A. with its registered office in Szczecin, address: ul. Bytomska 7, 70-603 Szczecin, entered into the Register of Entrepreneurs of the National Court Register under KRS No 0000033768, registration court: District Court Szczecin-Centrum in Szczecin, REGON: 811649448, NIP: 9551889161 (hereinafter: ZMPSiŚ S.A.) announces the initiation of proceedings aimed at awarding a preliminary agreement that obliges the parties to execute a final agreement on the use of future land real estate to be created as a result of reclaiming of sea area within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a user (hereinafter: Proceedings).
2. The Proceedings shall be carried out pursuant to: ‘Procedure for the proceedings aimed at awarding a preliminary agreement that obliges the parties to execute a final agreement on the use of real estate located within the borders of the seaport in Świnoujście, designated for operating a container terminal according to a concept proposed and implemented by a user’ (hereinafter: Procedure’), which shall be available on the website of ZMPSiŚ S.A. at https://ww.port.szczecin.pl/en/offer/deepwater-container-terminal/invitation/
3. Any and all capitalised terms used herein that have not been defined directly in the content of this document shall have the meaning given thereto in section I of the Procedure.
4. The purpose of the Proceedings is for ZMPSiŚ S.A. to select, according to assessment criteria identical for all offers, a Participant to the Proceedings with whom ZMPSiŚ S.A. intends to execute a Preliminary Agreement that obliges the parties to execute a Final Agreement by a set deadline on the transfer for use by the Participant to the Proceedings selected by ZMPSiŚ S.A. of a future land real estate, which will be created as a result of reclaiming of sea area within the borders of the seaport in Świnoujście. The Final Agreement may also concern the use of existing land real estate that is functionally related to the above-mentioned land real estate created as a result of reclaiming of sea area and real estate that is directly adjacent to it.
5. Conditions for executing the Final Agreement shall be, among other, obtaining by the Participant to the Proceedings mentioned in section I.4 hereof at his cost a permit for erecting or using artificial islands, structures, and equipment in the Polish sea areas, according to the Act of 21 March 1991 on the sea areas of the Republic of Poland and the maritime administration, the reclamation by the Participant to the Proceedings at his cost and risk of a relevant sea area and obtaining by ZMPSiŚ S.A. a usufruct or another title to use such newly-created real estate, of the content that enables ZMPSiŚ S.A. to dispose of such real estate in the adequate scope.
6. The Participant to the Proceedings mentioned in section I.4 hereof, without the right to demand from ZMPSiŚ S.A. the reimbursement of any incurred expenditures or account for any incurred outlays, damages or any other benefits, at his cost and risk, shall adapt the sea area designated for the Real Estate and, if necessary, also sea areas adjacent to that area or real estate adjacent to that sea area, and Real Estate or other real estate functionally related to the Real Estate as a part of the Project, in order to implement the concept proposed by the Participant to the Proceedings.
7. The Participant to the Proceedings mentioned in section I.4 hereof, without the right to demand from ZMPSiŚ S.A. the reimbursement of any incurred expenditures or account for any incurred outlays, damages or any other benefits, shall bear any and all costs and risks due to the preparation and implantation of the concept proposed by the Participant to the Proceedings and the commercial use of the Real Estate, including but not limited to: costs related to any and all administrative and legal procedures, obtaining consents, permits, decisions, etc., and the preparation of any and all documents, studies, analyses, applications, etc., required to take the above-mentioned measures.
8. Before submitting an Entry, every Participant to the Proceedings shall at his cost and risk and at his discretion analyse the actual status of affairs and a legal status of the location of the Real Estate and assess the conditions in the zone of the relevant sea area and in the seaport in Świnoujście as well as any and all other facts and circumstances that affect a decision of a Participant to the Proceedings concerning the participation in the Proceedings or making an Offer and the content of an Offer.

II. GENERAL INFORMATION ON THE PROGRESS OF THE PROCEEDINGS
1. The Proceedings shall be conducted exclusively in Polish. If any English versions of documents are used or published by ZMPSiŚ or the Commission in the Proceedings, for the purpose of the Proceedings they shall constitute exclusively a translation; therefore, the Polish version of a relevant document shall prevail in case of any differences.
2. All documents submitted in the Proceedings by Participants to the Proceedings, which have not been prepared in Polish, shall be provided by the Participant before the submission to the Proceedings with a translation into Polish, albeit the occurrence of words and expressions in English shall be allowed.
3. The Proceedings shall be carried out in the following forms: written, documented, oral, and using means of electronic communication. The Procedure shall determine a form of a relevant activity taken within the Proceedings. If the Procedure does not determine a form proper for a relevant action in the course of the Proceedings, a Participant to the Proceedings shall have the right to take such an action in one of the forms indicated in the preceding sentence at his discretion, unless the Commission informs all the Participants to the Proceedings in advance of the necessity to maintain a form of an action indicated by the Commission.
4. Notwithstanding anything to the contrary in the Procedure, the Proceedings shall be carried out in the following stages set forth in section III.7 of the Procedure:
a) the 1st stage of the Proceedings shall involve submitting Entries by Participants to the Proceedings and verifying the formal requirements and content of Entries and next rejecting Entries submitted by Participants to the Proceedings who are subject to exclusion from the Proceedings, according to identical criteria indicated in section IX of the Procedure, as well as any Entries that do not fulfil relevant formal requirements and criteria indicated in the Procedure;
b) the 2nd stage of the Proceedings shall involve gathering questions by the Commission from Participants to the Proceedings admitted to the 2nd stage of the Proceedings and concerning, in particular: the Project, information included in the Documentation and terms and conditions of the Preliminary Agreement and the Final Agreement and providing Participants to the Proceedings with answers to such questions by the Commission, followed by preparing and making Offers by the Participants to the Proceedings. After rejecting Offers made by Participants to the Proceedings who are subject to exclusion from the Proceedings, according to identical criteria indicated in section IX of the Procedure, and Offers that do not meet formal requirements set forth in the Procedure, other Offers shall be assessed by the Commission in order to determine a score received at the 2nd stage of the Proceedings by every Offer not subject to rejection; and
c) the 3rd stage of the Proceedings shall involve negotiations carried out by the Commission in order to determine the content of the Preliminary Agreement and the Final Agreement first with the Participant to the Proceedings whose Offer received the highest score at the 2nd stage of the Proceedings, and if in the period indicated in section III.12 of the Procedure no complete content of the Preliminary Agreement and the Final Agreement are agreed upon, the Commission shall have the right at its discretion to break off negotiations with a relevant Participant to the Proceedings invited to participate in the 3rd stage of the Proceedings and to invite to the 3rd stage of the Proceedings another Participant to the Proceedings whose Offer achieved the second highest score at the 2nd stage of the Proceedings, which may be repeated a number of times with respect to consecutive Participants to the Proceedings in the order that corresponds to the falling score obtained at the 2nd stage of the Proceedings by every Offer. Subject to relevant provisions of the Procedure, the 3rd stage of the Proceedings shall be completed with the execution of the Preliminary Agreement with that Participant to the Proceedings with whom the complete content of the Preliminary Agreement and the Final Agreement is agreed upon.
5. Only Participants to the Proceedings who have been invited to participate in a relevant stage of the Proceedings may participate in the 2nd and 3rd stages of the Proceedings.
6. Pursuant to a resolution of the Management Board of ZMPSiŚ S.A., the Proceedings may be closed without a resolution at every stage, including for convenience, by placing an announcement in the same form as an invitation to the Proceedings. In case of closing the Proceedings in the manner indicated in the preceding sentence, the Participants to the Proceedings shall not be entitled to any claims against ZMPSiŚ S.A., members of authorities of ZMPSiŚ S.A., members of the Commission or persons employed by or cooperating with ZMPSiŚ S.A.

III. CONDITIONS FOR PARTICIPATING IN THE PROCEEDINGS
1. It is the condition for participating in the Proceedings to submit an Entry of the form and content indicated in the Procedure together with all documents indicated in the content of the Procedure.
2. Notwithstanding anything to the contrary in the Procedure, the right to submit an Entry and make an Offer in the Proceedings shall be held by Participants to the Proceedings whose participation in the Proceedings does not violate Law or the Procedure and who are not subject to exclusion from the participation in the Proceedings according to the criteria set forth in section IX of the Procedure, mentioned in section IV hereof.
3. If the Participant to the Proceedings is a group that consists of persons or unincorporated organizational units that are given a legal capacity by Law, all conditions for participating in the Proceedings have to be fulfilled by every member of that group and no member of the group can be subject to exclusion from the participation in the Proceedings under the criteria indicated in section IX of the Procedure, under the pain of excluding the whole group from the Proceedings. In the case of a group mentioned in the preceding sentence, a condition for admitting such a group to participate in the Proceedings shall be the designation by all members of the group of a single person authorised to represent the whole group and granting that person the suitable power of attorney in the manner that complies with the rules of representation for every participant of that group
4. Participants to the Proceedings shall bear any and all costs and risks that result from or are related to the participation in the Proceedings. Participants to the Proceedings shall not have the right to make any claims against ZMPSiŚ S.A. or any other persons due to costs or risks that stem from the participation in the Proceedings.
5. Detailed terms and conditions of participating in the Proceedings have been set forth in the Procedure.

IV. CRITERIA OF EXCLUDING PARTICIPANTS FROM THE PARTICIPATION IN THE PROCEEDINGS
1. The criteria of excluding Participants from the participation in the Proceedings are set forth in section IX of the Procedure.
2. Notwithstanding anything to the contrary in the Procedure, the following persons may not participate in the Proceedings or may be excluded from the Proceedings at any time
a) persons who are members of the authorities of ZMPSiŚ S.A. or the Commission or their next of kin in the meaning of art. 115 § 11 of the Act of 6 June 1997 Penal Code;
b) persons or unincorporated organizational units who are given a legal capacity by Law and who do not meet the conditions for the participation in the Proceedings set forth in the Procedure and resulting from Law or whose participation in the Proceedings violates Law or the Procedure;
c) persons or unincorporated organizational units who are given a legal capacity by Law who are subject to an initiated liquidation, who have been declared bankrupt, whose assets are managed by a liquidator or court, who have executed an arrangement with their creditors, whose business activity is suspended or are in a similar situation that results from a similar procedure provided for in the regulations of place where the procedure is initiated;
d) persons or unincorporated organizational units who are given a legal capacity by Law who have presented in the Proceedings information that misled ZMPSiŚ S.A. or the Commission, which had or might have a major impact on decisions taken in the Proceedings by ZMPSiŚ S.A. or the Commission;
e) persons or unincorporated organizational units who are given a legal capacity by Law for whom a valid ruling has been issued, according to reliable information, which confirms the commitment of one of the following acts:
(i) the participation in a criminal organization according to the definition of such an organization given in art. 2 of the Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ EU L 2008/300) or defined in Law;
(ii) corruption, according to a definition given in art. 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ EU L 1997/19) and art.2(1) of the Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ EU L 2003/192) or defined in Law;
(iii) financial abuse in the meaning of art. 1 of the Convention on the protection of the European Communities’ financial interests (OJ EU L 1995/316) or defined in Law;
(iv) terrorist offences or offences linked to terrorist activities according to a definition given in art. 1 and art. 3 respectively of the Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ EU L 2002/164) or defined in Law, or abetting to commit an offence, assistance, complicity or attempting to commit an above-mentioned offence;
(v) money laundering or financing terrorist activity according to a definition given in art. 1 of the Directive of the European Parliament and of the Council 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ EU L 2005/309) or defined in Law; or
(vi) child labour and other forms of human trafficking, according to a definition given in art. 2 of the Directive of the European Parliament and of the Council 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims (OJ EU L 2011/101) or defined in Law;
f) persons or unincorporated organizational units, who are given a legal capacity by Law, if according to information reliable for ZMPSiŚ or the Commission, a person sentenced with a valid judgement for committing one of the acts listed in section IV.1(e) above is a member of managing or supervisory authorities of the person or organizational unit;
g) persons or unincorporated organizational units that in the period of up to 3 (three) years before the date of initiating the Proceedings failed to perform or performed improperly a contract executed with ZMPSiŚ S.A. or persons or unincorporated organizational units that have capital relations with persons or unincorporated organizational units that in the period of up to 3 (three) years before the date of initiating the Proceedings failed to perform or performed improperly a contract executed with ZMPSiŚ S.A.;
h) groups or consortia whose members include persons or unincorporated organizational units, who are given a legal capacity by Law, listed in any of the provisions of section IV.1(a-g) above;
i) persons or unincorporated organizational units, who are given a legal capacity by Law, in relation to which the Minister of National Defence or an organisational unit of the Ministry of National Defence or an institution competent for the protection of the internal or external security of the Polish State shall raise objections with regard to the defence or security of the Polish State.

V. AN ENTRY AND ITS MAJOR ELEMENTS
1. Only an original Entry with the content indicated in the Procedure can be submitted in the Proceedings. An Entry shall fulfil all the formal requirements set forth in the content of the Procedure.
2. A Participant to the Proceedings shall have the right to submit only one Entry.
3. Major elements of an Entry constitute information and declarations of the Participant to the Proceedings included in the content of the Entry, which are assessed in the Proceedings based on criteria indicated in Schedule No 2 to the Procedure.
4. All documents listed in section XI.4 of the Procedure, prepared according to the content of the Procedure, shall be enclosed to an Entry.
5. Detailed requirements concerning the form and content of an Entry as well as the conditions for the validity of an Entry have been set forth in the Procedure.

VI. OFFER AND ITS MAJOR ELEMENTS
1. Only an original Offer with the content indicated in the Procedure can be made in the Proceedings. An Offer shall fulfil all the formal requirements set forth in the content of the Procedure.
2. A Participant to the Proceedings shall have the right to make only one Offer.
3. It is not admissible in the Proceedings to make the following Offers: conditional, partial, or Offers of similar content.
4. A Participant to the Proceedings shall make an Offer by filling out forms enclosed as Schedule No 4A and Schedule No 4B to the Procedure together with all documents set forth in section XII.10 of the Procedure.
5. In the form that informs about the intentions and concept of the Participant to the Proceedings (Schedule No 4B to the Procedure) it is obligatory to indicate an amount that, if the Final Agreement is executed, the Participant to the Proceedings undertakes to pay ZMPSiŚ S.A. for using the Real Estate under the Final Agreement, where the amount offered by the Participant to the Proceedings shall not be lower than a minimum amount of a fee (rent) for the use of the Real Estate indicated by ZMPSiŚ S.A. in this invitation to participate in the Proceedings.
6. Major elements of an Offer shall constitute any information and declarations of the Participant to the Proceedings that will be assessed in the Proceedings based on criteria indicated in Schedule No 2 to the Procedure, according to section VIII hereof.
7. All documents listed in section XII.10 of the Procedure, prepared in line with the content of the Procedure, shall be enclosed to the Offer.
8. Detailed requirements concerning the form and content of an Offer as well as a the conditions for the validity of an Offer have been set forth in the Procedure.

VII. TERM OF THE OFFER
1. In the content of an Offer, every Participant to the Proceedings shall make a declaration that he is bound without any reservations or conditions by the whole Offer he makes in the period until 31 December 2022.

VIII. CRITERIA AND METHOD OF ASSESSING OFFERS
1. Valid Offers shall be assessed at the 2nd stage of the Proceedings based on information and declarations included in the form of the Offer that is made up of Schedule No 4A and Schedule No 4B to the Procedure, according to the following criteria that will be identical for all Offers:

a) price criteria:
(i) the value of an annual fee (rent) that the Participant to the Proceedings undertakes to pay ZMPSiŚ S.A. for the use of the whole Real Estate – the product of sections 3.2 and 3.3 of Schedule No 4B to the Procedure;
• Offers shall be assessed according to this criterion in the scale 0-30
• an Offer with the highest value of benefit for ZMPSiŚ shall obtain 30 points
• other Offers will be given a number of points on the pro-rata base of benefits offered in the content of an Offer to the value of an Offer with a highest score;
(ii) the value of a fee for ZMPSiŚ S.A. that the Participant to the Proceedings undertakes to pay ZMPSiŚ S.A. for every unit of container capacity (1 TEU) handled in sea transport – section 3.4 of Schedule No 4B to the Procedure;
• Offers shall be assessed according to this criterion in the scale 0-10
• an Offer with the highest value of benefit for ZMPSiŚ shall obtain 10 points
• other Offers will be given a number of points on the pro-rata base of benefits offered in the content of an Offer to the value of an Offer with a highest score;
(iii) the value of a fee for ZMPSiŚ S.A. that the Participant to the Proceedings undertakes to pay ZMPSiŚ S.A. for every unit of container capacity (1 TEU) handled in transhipment – section 3.5 of Schedule No 4B to the Procedure;
• Offers shall be assessed according to this criterion in the scale 0-10
• an Offer with the highest value of benefit for ZMPSiŚ shall obtain 10 points
• other Offers will be given a number of points on the pro-rata base of benefits offered in the content of an Offer to the value of an Offer with a highest score;

b) functional and quality criteria:
(i) the conformity of a concept presented by the Participant to the Proceedings of developing the Real Estate to the general purpose of using the Real Estate assumed by ZMPSiŚ S.A. in Schedule No 8 to the Procedure according to data included in sections 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, and 1.14 of Schedule No 4B to the Procedure;
• Offers shall be assessed according to this criterion in the scale 0-5
• an Offer assessed as best may obtain 4-5 points
• an Offer with an average assessment may obtain 2-3 points
• an Offer assessed as worst may obtain 0-1 point
• an Offer shall be given the best assessment if it is most in line with the general purpose of using the Real Estate assumed by ZMPSiŚ S.A. in Schedule No 8 to the Procedure;
(ii) the annual transhipment capacity (in TEU) guaranteed by the Participant to the Proceedings of the deepwater container terminal located on the Real Estate after completing the 1st phase of constructing the Project –section 1.12 of the Schedule No 4B to the Procedure;
• Offers shall be assessed according to this criterion in the scale 0-15
• an Offer with the highest guaranteed handling capacity shall obtain 15 points
• other Offers will be given a number of points on the pro-rata base of benefits offered in the content of an Offer to the value of an Offer with a highest score;
(iii) a deadline guaranteed by the Participant to the Proceedings for serving the first megamax class ocean-going vessel, 14.5m deep, using the equipment or facilities located within the borders of the real estate after the development of the Real Estate by the Participant to the Proceedings in the manner conforming to the concept presented by the Participant to the Proceedings – section 1.11 of Schedule No 4B to the Procedure;
• Offers shall be assessed according to this criterion in the scale 0-15
• an Offer assessed as best may obtain 11-15 points
•an Offer with an average assessment may obtain 6-10 points
•an Offer assessed as worst may obtain 0-5 point
• an Offer shall be given the best assessment if it sets the shortest deadline;
(iv) the level of conformity of the concept of developing the Real Estate presented by the Participant to the Proceedings to the military mobility programme according to sections 1.21 and 1.22 of Schedule No 4B to the Procedure;
• Offers shall be assessed according to this criterion in the scale 0-5
• an Offer assessed as best may obtain 4-5 points
•an Offer with an average assessment may obtain 2-3 points
•an Offer assessed as worst may obtain 0-1 point
• an Offer shall be given the best assessment if it fulfils most requirements out of those indicated in Schedule No 9 to the Procedure;

c) environmental criteria:
(i) the application by the Participant to the Proceedings in a concept of developing the Real Estate of solutions that minimise the negative impact on the natural environment (flora and fauna) – section 1.15 of Schedule No 4B to the Procedure;
• in the assessment of this criterion, an Offer may obtain either 0 or 1 point
• 1 point shall be obtained by every Offer that contains information about the application in the concept of developing the Real Estate of solutions that minimise the negative impact on the natural environment (flora and fauna);
(ii) the application by the Participant to the Proceedings in a concept of developing the Real Estate of solutions that minimise the negative impact on the atmosphere – section 1.16 of Schedule No 4B to the Procedure;
• in the assessment of this criterion, an Offer may obtain either 0 or 1 point
• 1 point shall be obtained by every Offer that contains information about the application in the concept of developing the Real Estate of solutions that minimise the negative impact on the atmosphere;
(iii) the application by the Participant to the Proceedings in a concept of developing the Real Estate of solutions that provide the power supply to a ship during her stay at a quay, in order to supply the ship’s equipment – section 1.16 of Schedule No 4B to the Procedure;
• in the assessment of this criterion, an Offer may obtain either 0 or 1 point
• 1 point shall be obtained by every Offer that contains information about the application in the concept of developing the Real Estate of solutions that provide the supplies of electricity to a ship during her stay at a quay, in order to supply the ship’s equipment;

d) social criteria:
(i) actions for the local community proposed by the Participant to the Proceedings – section 1.19 of Schedule No 4B to the Procedure;.
• Offers shall be assessed according to this criterion in the scale 0-7
• an Offer with a highest value of benefits guaranteed by the Participant to the Proceedings for the local community shall obtain 7 points
• other Offers will be given a number of points on the pro-rata base of benefits offered in the content of an Offer to the value of an Offer with a highest score.

2. A number of points obtained by an Offer at the 2nd stage of the Proceedings shall equal the total of products of the total number of points obtained by an Offer in specific groups of criteria mentioned above (section VIII.1.a-d) and weights of those points determined for relevant criteria.

IX. MINIMUM VALUE OF A FEE (RENT)
1. The Final Agreement mentioned in section I.4 hereof shall be a paid agreement.
2. A minimum value of a fee (rent) for using the Real Estate to be indicated by the Participant to the Proceedings in the Offer (i.e. a form that informs about the intentions and a concept of the Participant to the Proceedings – Schedule No 4B to the Procedure) shall not be lower than the amount of (net of VAT): 21 (twenty-one) zlotys per annum for every 1m2 of the area of the Real Estate.
3. The value of a fee (rent) for using the Real Estate indicated in section IX.2 hereof shall be reduced:
a) in the period from the end of the first full twelve calendar months from the date of executing the Final Agreement – by 80% (eighty per cent); and
b) in the period from the beginning of the thirteenth full calendar month from the date of executing the Final Agreement until the expiry of the deadline indicated in the content of an Offer (section 1.10 of Schedule No 4B to the Procedure) guaranteed by the Participant to the Proceedings for obtaining a permit for the use of all facilities that enable the safe operation of minimum one megamax vessel, 14.5m deep, and handling containers from a served megamax vessel, but not longer than until the end of thirty sixth calendar month form the date of executing the Final Agreement – by 50% (fifty per cent).

X. DEADLINE OF SUBMITTING ENTRIES AND MAKING OFFERS
1. A deadline for submitting Entries shall be 30 September 2021, 3.00 p.m.
2. A deadline for making Offers shall be 28 February 2022, 3.00 p.m.
3. Until the expiry of a relevant deadline indicated in section X.1 or section X.2 hereof, Entries may be submitted and Offers may be made exclusively in the following places:
a) personally in room No 1 at the registered office of ZMPSiŚ S.A. in Szczecin, at 7 Bytomska street, or
b) by mail or courier service delivered to the address: ZARZĄD MORSKICH PORTÓW SZCZECIN I ŚWINOUJŚCIE S.A., ul. Bytomska nr 7, 70-603 Szczecin, Poland.
4. A date of submitting an Entry or making an Offer shall be considered to be:
a) as regards Entries or Offers submitted or made personally: a moment of confirming a receipt by a representative of ZMPSiŚ S.A. of a package containing an Offer issued to a representative of ZMPSiŚ S.A. at the place set forth in section X.3.a hereof; and
b) as regards Entries or Offers sent by mail or courier service: a moment of confirming a receipt by a representative of ZMPSiŚ S.A. of a package containing an Offer issued to a representative of ZMPSiŚ S.A. at the place set forth in section X.3.b of this Invitation to participate in the Proceedings.

XI. DATE AND PLACE OF OPENING OFFERS
1. Offers made before the deadline set in section X.2 hereof shall be opened on 1 March 2022 at 10.00 a.m. at the registered office of ZMPSiŚ S.A. in Szczecin at 7 Bytomska street.

XII. METHOD OF DOWNLOADING DOCUMENTATION RELATING TO THE PROCEEDINGS
1. In order to download the Documentation that contains additional information that may be useful for preparing and making an Offer, the Participant to the Proceedings shall e-mail a message in Polish to: ct@port.szczecin.pl.
2. A message mentioned in section XII.1 above shall contain the following information, as minimum:
a) a name of an author of a message;
b) a phone number of the author of a message with an international country code;
c) the indication of a person or an unincorporated organizational unit that is interested in participating in the Proceedings (a full name and address of a registered office); and
d) an e-mail address to which information may be sent that enables to download the Documentation.
3. A message with an individual link and a password for downloading the Documentation shall be e-mailed to the address mentioned in section XII.2(d) above.
4. No responses shall be given to any applications for giving access to the Documentation that do not meet the requirements set forth in section XII.1 and XII.2 above.

XIII. FINAL INFORMATION
1. Any and all amounts expressed in foreign currencies in the Offers or other documents submitted together with the Offers shall be converted into Polish zlotys for the purposes of the Proceedings according to an exchange rate of the relevant foreign currency specified in Table A announced by the National Bank of Poland on the day on which this Invitation to participate in the Proceedings is published.
2. Taking any actions in the course of the Proceedings, including but not limited to submitting an Entry, shall also mean a confirmation that a Participant to the Proceedings has become acquainted with the wording of the Procedure current as of the date of its application, understands its content, accepts the Procedure without any reservations and undertakes to follow and apply all the provisions of the Procedure in the Proceedings.
3. Should any differences occur between the provisions of this document and the content of the Procedure, the Procedure shall prevail.
4. The Procedure, the Documentation, the invitation to participate in the Proceedings and any other documents concerning the Proceedings or prepared by ZMPSiŚ S.A. in relation to the Proceedings shall not constitute: an offer in the meaning of art.66 § 1 Civil Code or art.661 § 1 Civil Code, an announcement of an auction or a tender in the meaning of art.701 Civil Code or an invitation to execute an agreement mentioned in art.71 Civil Code.