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
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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
8. Place and Deadline for Submission of the Requests to Participate in the Contest
06
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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
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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.
None of the Contest preparation, conduct, or resolution methods infringe on any
copyright.
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.
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.
Stage I in the Contest is dedicated to the development of the conceptual proposal.
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.
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
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
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
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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 20122015 (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.
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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.
The Contest Participants making a joint entry shall appoint their authorised
representative to represent them in the Contest procedure.
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.
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.
Any Contest Participant that fails to meet the requirements set forth in the Public
Procurement Law Act shall be excluded from the Contest.
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.
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.
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.
The Contest Participant shall present the Contest Project in compliance with the
requirements laid down in these Rules of Procedure.
6.2.
6.3.
6.4.
6.5.
6.6.
6.7.
6.8.
6.9.
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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.
The Request to Participate, the Conceptual Proposal, and the Contest Project
may only be submitted in writing.
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.
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: e.adamska@gdansk.gda.pl .
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:
m.stupak@gdansk.gda.pl .
7.2.
7.3.
7.4.
7.5.
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.
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.
The Request to Participate in the Contest (produced in accordance with the sample
form attached to these Rules of Procedure) should contain:
8.2.
8.3.
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8.4.
8.5.
8.6.
8.7.
8.8.
8.9.
a) Name and address of the Contest Participant/ first names and surnames of the team
members;
b) Participant’s declaration of meeting the Contest terms;
c) Participant’s declaration of being bound with the Contest terms;
d) Participant’s declaration of his/her/its holding the financial copyright to the extent
defined in these Rules of Procedure in the Contest;
e) Declaration of approval of these Rules of Procedure in the Contest, including the
provisions to be incorporated in the future contract;
f) Declaration of the will to enter into the Contest Project implementation contract
and the readiness to start works on the Project;
g) Consent to the Awarding Entity’s use of the Contest Project for the purposes
underlying Contest organisation;
h) Signatures of the persons authorised to make statements in the name and on behalf
of the Contest Participant;
The Request to Participate in the Contest should be enclosed with:
a) a statement listing the names of the team members – authors of the Conceptual
Proposal and Contest Project – compiled in accordance with the sample enclosed
to these Rules of Procedure,
b) the power of attorney to represent the Participants (in the event the request is
submitted by a team) – produced in accordance with the sample form enclosed to
these Rules of Procedure.
c) a declaration of having a track record of at least one interdisciplinary cultural
project carried through in the period of three years immediately preceding the
Contest launching date.
Joint Participants submit a single joint Request to Participate in the Contest
produced in accordance with the sample form enclosed to these Rules of Procedure.
The Request shall be signed by the Participant (or authorised representative of the
Participant). In case of joint Participants (teams of authors) the Request shall be
signed by the attorney in fact appointed by the Contest Participants.
All documents enclosed to the Request need to be submitted in their originals.
The Request to Participate in the Contest must be appended with a freely selected sixdigit code. The code must be placed in a sealed envelope so that it cannot be learnt
before the time reserved for identification of the Conceptual Proposals. The number
will serve the purpose of identifying the respective Proposal. The envelope containing
the six-digit numerical code should be durably fixed to the Request to Participate in
the Contest.
Based on the Requests filed, the Jury will qualify the Participants to the Contest
against the criterion of their meeting the Contest eligibility prerequisites set forth in
the Rules of Procedure. The envelope with the identification code will remain sealed.
The Jury shall notify the Participants of the pre-qualification results referred to above
in writing.
9.
Scope of the Content, Form, and Method of Presentation of the Conceptual
Proposals
9.1.
General requirements:
1) The Contest Participants shall produce their Conceptual Proposals in compliance
with the requirements set forth in these Rules of Procedure;
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9.2.
10.
2) the entire Conceptual Proposal shall be produced in the Polish and English
languages under the pain of nullity;
3) Any documents or declarations made in languages other than Polish and English
shall be submitted translated by a sworn (certified) translator.
The scope of the content of the Conceptual Proposal at Stage I shall entail the
development of the materials (produced in two language versions, i.e. Polish and
English, in print-out and the electronic format) comprising:
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 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.
Place and Deadline for Submitting the Conceptual Proposals by the Participants
Admitted to Stage One of the Contest
10.1. The Participants qualified as eligible for the Contest should submit their Conceptual
Proposals (in person or by post) at 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 submission should be provided in a sealed
envelope with the following annotation on top: „Biuro Zamówień Publicznych –
KONCEPCJA w Konkursie na opracowanie i zrealizowanie projektu Gdańsk
2016 - Europejska Stolica Kultury, Gdańsk i Metropolia Gdańska 2016 –
Europejska Stolica Kultury” and the numerical identification code attached, on or
before 15:00 hours on 26 February 2008. The date and hour the above are received
at the Awarding Entity’s address shall be decisive of keeping the deadline.
10.2. No Conceptual Proposals delivered later than the deadline shall take part in the
Contest.
10.3. The Conceptual Proposals and the enclosures thereto should be packed so as to
prevent learning their identity, or the identity of the Participants before the
Proposals have been evaluated.
10.4. The Conceptual Proposals and all materials thereto should be marked with the sixdigit identification code referred to in point 8.7 above. The number should be placed
in the top right corner of the Conceptual Proposal and each of its materials.
11.
Criteria for Evaluating the Conceptual Proposals, and their Weights
11.1. The evaluation of the Conceptual Proposals in terms of their formal compliance and
contents rests with the Contest Jury. The Jury shall first qualify the Proposals as:
a) compliant with the formal requirements set forth in point 9 of these Rules of
Procedure;
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11.2.
11.3.
11.4.
11.5
11.6.
11.7.
12.
b) non-compliant with the formal requirements set forth in point 9 of these Rules of
Procedure.
The Conceptual Proposals found non-compliant with the formal requirements set forth
in point 9 of these Rules of Procedure shall not proceed into any further stages in the
process, but be excluded from further evaluation.
The Conceptual Proposals found compliant with the formal requirements set forth in
point 9 of these Rules of Procedure shall be evaluated by the Contest Jury at a closed
session, against the following criteria (0-100 points):
a) Originality of the concept compared to the concepts implemented heretofore in
Europe under the EU Programme – European Capital of Culture (0-35 points)
b) Attractiveness of the proposed solutions compared to the concepts implemented
heretofore in Europe under the EU Programme – European Capital of Culture (035 points),
c)
The proposed promotional actions (0-15 points),
d) The financial calculation (budget) (0-15 points).
Each member of the Contest Jury will evaluate the Conceptual Proposals individually
awarding them with the appropriate score per criterion. The scores given by all Jury
members against the same criterion will be added and their sum divided by the number
of Jury members. The thus obtained result will represent the ultimate score of the
specific Conceptual Proposal assessed against that very criterion.
The scores obtained for each individual criterion in the procedure set forth in point
11.4 above shall be aggregated giving the final total score of the Conceptual Proposal.
All costs related to the development and preparation of the Conceptual Proposal
submitted at Stage I shall be borne by the Contest Participants.
After the selection of the Conceptual Proposals at Stage I the Contest Jury shall
proceed to identify the Proposals with their respective Participant authors based on the
identification numerical codes enclosed to the Requests to Participate in the Contest.
Manner of Publishing the Results of Stage One in the Contest
12.1. The results of Stage I in the Contest shall be published by displaying them on the
notice board at the Awarding Entity’s address and quoting them on the Awarding
Entity’s website at: www.gdansk.pl.
12.2. The Awarding Entity shall, without delay, notify all Participants in the Contest Stage I
of the results.
12.3 The Participants awarded at Stage I in the Contest shall be invited to participate in
State II of the same Contest (submit the Contest Project).
12.4. The Participants invited to take part in Stage II of the Contest shall be obliged to
provide the Awarding Entity with a new numerical identification code placed in a
sealed envelope. The numerical code will mark the Contest Project to be submitted at
Stage II in the Contest. The envelope containing the new numerical code should bear
the name of the Participant and the following annotation: „Biuro Zamówień
Publicznych – LICZBA ROZPOZNAWCZA II ETAP Konkursu na opracowanie
i zrealizowanie projektu Gdańsk 2016 - Europejska Stolica Kultury, Gdańsk i
Metropolia Gdańska 2016 – Europejska Stolica Kultury NIE OTWIERAĆ!”.
12.5. The Awarding Entity reserves the right to introduce corrections (though not
intervening in the core of the proprietary concept) and changes before
proceeding to further stages.
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13.
Scope of the Content, Form, and Method of Presentation of the Contest Project
13.1. General requirements:
1) The Contest Participants shall produce their Contest Projects in compliance with
the requirements set forth in these Rules of Procedure;
2) the entire Contest Project shall be produced in the Polish and English languages
under the pain of nullity;
3) Any documents or declarations made in languages other than Polish and English
shall be submitted translated by a sworn (certified) translator.
13.2. The scope of the comprehensive Contest Project to be submitted at Stage II in the
Contest shall comprise:
a) a study on: the Existing Cultural Base in Gdańsk – the Resources, Specificity,
Shortfalls, Expectations, Directions of Development (anticipated to comprise the
Gdańsk Metropolis).
b) a detailed plan of the preparations, applications, and actions aimed at winning the
title: Gdańsk 2016 – ECC, subdivided into two phases – 2008-2011, and 20122015 (anticipated to comprise the Gdańsk Metropolis).
c) the calendar of events of Gdańsk 2016 - ECC (anticipated to comprise the Gdańsk
Metropolis).
d) 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.
e) the time schedule for the organisation of the preparations, split into 3 phases:
2008-2011, 2012-2015, and 2016.
f) the project budget elaborated for each consecutive year.
g) 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.
13.3. Meeting the requirements laid down in points 13.1 and 13.2 shall be prerequisite for
the Contest Projects to be qualified as meeting the Contest eligibility conditions in
terms of the scope and form of the Project.
14.
Place and Deadline for Submitting the Contest Projects by the Participants
Admitted to Stage Two in the Contest
14.1. The Participants shortlisted to continue in the Contest shall submit their Contest
Projects in compliance with the procedure.
14.2. The Contest Projects and all enclosures thereto should be packed durably so as to
prevent learning their contents before the Projects themselves have been evaluated.
14.3. The Contest Project shall be durably marked with the digital code referred to in point
12.3. The Contest Participants shall mark each copy of each document comprising the
Project with the pre-selected six-digit number to be placed in the top right corner of
each drawing or another document, study, material, etc. The code should be placed so
as to be permanent.
14.4. No copy of the Project may bear any markings that might enable identification of the
Participant.
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14.5. The Contest Projects shall be submitted (in person or via post) against confirmation of
receipt at the Gdańsk City Hall at 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] with the following annotation on top: „Biuro
Zamówień Publicznych – PRACA KONKURSOWA na opracowanie i
zrealizowanie projektu Gdańsk 2016 - Europejska Stolica Kultury, Gdańsk i
Metropolia Gdańska 2016 – Europejska Stolica Kultury” on or before 15:00
hours on 31 March 2008. The date and hour the above are received at the Awarding
Entity’s address shall be decisive of keeping the deadline.
14.6. No Contest Project delivered later than the deadline shall be evaluated.
14.7. The Contest Projects and the enclosures thereto should be packed so as to prevent
learning their content before the Projects themselves have been evaluated.
14.8. The packaging, and each Project copy should be marked with the following
inscription: „PRACA KONKURSOWA na opracowanie i zrealizowanie projektu
Gdańsk 2016 – Europejska Stolica Kultury, Gdańsk i Metropolia Gdańska 2016
– Europejska Stolica Kultury”.
15.
Criteria for Evaluating the Contest Projects, and their Weights
15.1. The evaluation of the Contest Projects in terms of their formal compliance and
contents rests with the Contest Jury. The Jury shall first qualify the projects as:
a) compliant with the formal requirements set forth in point 13 of these Rules of
Procedure;
b) non-compliant with the formal requirements set forth in point 13 of these Rules of
Procedure.
15.2. The Contest Projects found non-compliant with the formal requirements set forth in
point 13 of these Rules of Procedure shall not proceed into any further stages in the
process, but be excluded from further evaluation.
15.3. The Contest Projects found compliant with the formal requirements set forth in point
13 of these Rules of Procedure shall be evaluated by the Contest Jury at closed
sessions, against the following criteria (0-100 points).
b) Originality of the Project compared to the projects implemented heretofore in
Europe under the EU Programme – European Capital of Culture (0-35 points)
b) Attractiveness of the proposed solutions compared to the solutions implemented
heretofore in Europe under the EU Programme – European Capital of Culture (035 points),
c)
The proposed promotional actions (0-15 points),
d) The financial calculation (budget) (0-15 points).
15.4. Each member of the Contest Jury will evaluate the Contest Projects individually
awarding them with the appropriate score per criterion. The scores given by all Jury
members against the same criterion will be added and their sum divided by the number
of Jury members. The thus obtained result will represent the ultimate score of the
specific Contest Project assessed against that very criterion.
15.5 The scores obtained for each individual criterion in the procedure set forth in point
15.4 above shall be aggregated giving the final total score of the Contest Project.
15.6. After the winning Stage II Contest Project has been selected, the Contest Jury shall
proceed to identify the Contest Projects with their respective Participant authors based
on the identification numerical codes provided in accordance with the stipulations of
point 12.4.
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15.7. All costs related to the development and preparation of the Contest Projects submitted
at Stage II shall be borne by the Contest Participants.
15.8 The Awarding Entity reserves the right to introduce corrections (though not
intervening in the core of the proprietary concept) and changes before
proceeding to further stages.
16.
Composition of the Contest Jury
16.1. The most interesting and best concept shall be selected by the Contest Jury composed
of 9 members and appointed by the Contest Organiser.
16.2. The composition of the Contest Jury is as follows:
1) Marek Bumblis – Chairman of the Culture Commission, Gdańsk City Council,
2) Jadwiga Charzyńska – Director, Centre of Contemporary Art Łaźnia,
3) Zbigniew Majchrowski – specialist in the history of literature and theatre,
Professor at the University of Gdańsk,
4) Stanisław Rosiek – specialist in the theory of literature, Professor at the University
of Gdańsk, publisher
5) Przemysław Gulda – Doctor of Law, journalist.
6) Władysław Zawistowski – Representative of the Marshal of the Pomeranian
Voivodship,
7) Andrzej Trojanowski – Director, Presidential Office for Culture, Sport, and
Promotion,
8) Anna Zbierska – Manager, Promotion Section, Presidential Office for Culture,
Sport, and Promotion,
9) Anna Czekanowicz – Deputy Director, Presidential Office for Culture, Sport, and
Promotion,
16.3. The Contest Jury is appointed by virtue of the order of the Mayor of the City of
Gdańsk.
16.4. The tasks of the Contest Jury are as follows:
1) to approve the Rules of Procedure in the Contest.
2) to verify compliance of the Contest Participants with the requirements laid down
in the Rules of Procedure. While verifying the Requests to Participate in the
Contest the Jury does not open the envelopes attached thereto and containing the
digital identification code;
3) to evaluate the Conceptual Proposals;
4) to produce information on the Conceptual Proposals;
5) to select the best concepts;
6) to formulate the rationale behind the resolution of Stage I in the Contest;
7) to establish the identity of all Conceptual Proposals;
9) to produce information on the Contest Projects;
10) to select the best Project;
11) to formulate the rationale behind the resolution of Stage II in the Contest;
12) to establish the identity of all Contest Projects.
16.5. The Contest Jury makes resolutions at the relative majority of votes, at the attendance
of at least 5/9 of the Jury members. In the event of a tie vote the Chairman’s vote
prevails.
16.6. The Contest Jury meets at work sessions.
16.7. At its first session the Jury elects the Chairperson and Vice-Chairperson from among
its members.
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16.8. Seeing to the production of the meeting minutes rests with the Secretary for
Organisation, Contest Jury.
16.9. The documentation from the Participants is presented by the Reporting Member
appointed by the Chairperson.
16.10. The concepts and works are evaluated by the Jury against the criteria defined in the
Rules of Procedure in the Contest.
16.11. Once the best Proposals at Stage I have been selected, the Contest Jury proceeds to
establish the identity of the authors of the submitted entries.
16.12. Once the best Projects at Stage II have been selected, the Contest Jury proceeds to
establish the identity of the authors of the submitted entries.
16.13. The operating rules of the Contest Jury are regulated by the Public Procurement Law
Act.
16.14. The individuals involved in the public procurement procedure submit a written
declaration, subject to liability for perjury, of non-existence or existence of any of the
circumstances referred to in Art. 17 of the Public Procurement Law Act.
17.
Prize Types and Values
17.1. The best entries shall be awarded prizes. The total sum reserved for the prizes at Stage I
of the Contest is PLN 60,000. Three equivalent prizes worth PLN 20,000 each are
provided for at Stage I. The authors of the awarded Conceptual Proposals shall be
invited to participate in Stage II of the Contest (submit the Contest Project).
17.2. The Contest Jury reserves the right to opt for a different distribution of the prize
money at Stage I.
17.3. The best Conceptual Proposal shall win the award. The award at Stage II in the Contest
shall consist in the invitation to negotiations under the single-source procurement
procedure, to be extended to the authors of the selected Contest Project with the intention
of awarding them with the contract for running the Gdańsk 2016 – European Capital of
Culture Programme Office.
17.4. The Contest Jury enjoys the right to refuse to award any prizes, if the level of the
proposed materials is found unsatisfying or failing to give the foundations for proper
implementation of the target project.
17.5. The prize, if awarded to a team, shall be deemed to be a single bounty, hence shall not
be eligible for multiplication.
17.6. The prize money is subject to taxation under the commonly binding rules.
17.7. The authors of the winning Contest Project shall be invited to negotiations under the
single-source procurement procedure with the aim of awarding them with the contract
for running the Office and implementing the programme agreed in the course of the
negotiations.
18.
Deadline for the Payment of Prizes, and the Deadline for the Invitation to
Negotiations under the Single Source Procurement Procedure
18.1. The Contest Organiser shall make the prize money payments no earlier than 15 days
after the results of Stage I in the Contest have been arrived at. The Contest Organiser
shall give the invitation to negotiations under the single-source procurement procedure
no earlier than 15 days following the date the results of Stage II in the Contest are
known.
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18.2. The Awarding Entity shall, within 30 days, invite the Winning Participant in the
Contest to negotiations aimed at awarding the Winning Team (project unit or author)
with the contract for running the Project Operational Office: Gdańsk 2016 – the
European Capital of Culture, Gdańsk and the Gdańsk Metropolis 2016 – the European
Capital of Culture.
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
19.1. Together with the submitted Contest Projects the Participant/Participants (teams of
authors) in the Contest shall transfer the financial copyright to their Projects in the
following fields of use:
a) recording, processing, and duplicating the work – producing copies of the work
under a specific technology;
b) trading in the original work or the recorded copies thereof – introduction to
trading, lending for use, or leasing out the original or its copies;
c) distributing the work – public performance, exhibition, display, replication,
broadcasting and re-emission, as well as making the work publicly available so
that anyone can have access to it at the freely selected location and time
(declaration – Schedule No. 5).
19.2. The copyright to the winning project shall pass onto the Awarding Entity in the event
the Contest Participant (team of authors) is awarded a prize or distinction.
19.3. The object of the future contract to be concluded between the Awarding Entity and the
Contest Winner shall consist in implementation of the agreed programme, running the
Programme Office for Gdańsk 2016 – the European Capital of Culture 2016, and
preparation of the application for the title of the European Capital of Culture. The
above shall be the object of a separate single-source procurement procedure.
19.4. The Contest Winner shall be obliged to enter into the contract under the single-source
procurement procedure within seven days after the Awarding Entity’s making the
respective request. The Awarding Entity may withdraw from concluding the contract,
if the Contest Winner stalls with entering into it.
19.5. The contract shall involve the transfer onto the Awarding Entity of the financial
copyright to any studies comprising the subject matter thereof, plus any copies of the
works particularly in the following fields of use as listed in the Act on Copyright and
Related Rights of 4 February 1994 (consolidated text in Journal of Laws 2006: No. 90,
it. 631, as amended):
a) with respect to recording and duplicating the work – producing copies of the work
under a specific technology;
b) with respect to trading in the original work or the recorded copies thereof –
introduction to trading, lending for use, or leasing out the original or its copies;
c) with respect to distributing the work – public performance, exhibition, display,
replication, and broadcasting and re-emission, as well as making the work publicly
available so that anyone can have access to it at the freely selected location and
time,
d) with respect to implementing the Project.
19.6. The contract shall be signed for the period 2008-2011. In the event the Awarding
Entity is notified of its disqualification from further process of applying for the title of
the European Capital of Culture, the contract shall terminate.
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19.7. The contract shall be performed consistent with the time schedule and cost list
appended thereto.
19.8. In the event the Gdańsk City Council does not resolve to earmark funds sufficient for
the pursuance of the project components in accordance with the agreed cost list in the
municipal budgets for the years 2009 – 2011, the project components will still be
undertaken, though in proportion to the allocated funds, upon prior approval by both
parties of the Project time schedule and costing reviewed as appropriate to fit within
the allocated finance, provided the baseline assumptions of the Project are kept intact.
19.9. If the Contractor fails to perform the contract in compliance with the agreed time
schedule and/or costing, the Awarding Entity shall be entitled to withdraw from the
contract upon two previous notifications given to the Contractor and demanding
proper contract performance.
19.10. In the event the nomination to apply for the ECC title is obtained, the Project
performance in the years 2012 – 2016 shall be the subject matter of a separate
contract.
19.11. The Awarding Entity shall appoint its coordinator whose duty shall be to oversee the
Project performance.
19.12. The Contractor shall be obliged to submit quarterly content and financial reports on
the work progress. The reports will form the basis for making the payments specified
in the contract.
19.13. The contract shall contain consent from the author of the Winning Contest Project to
having changes in the cultural programme introduced by the Organiser or the persons
the Organiser may authorise.
19.14. The contract shall include a declaration from the author of the Winning Contest
Project of his/her/their readiness to cooperate with the Awarding Entity in the areas of
the project contents and its implementation.
19.15. The joint Contest Participants shall be severally liable for non-performance or undue
performance of the future contract.
20.
Manner of Publishing the Results of Stage Two in the Contest
20.1. The results of Stage II in the Contest shall be announced at the Awarding Entity’s
address, at the Gdańsk City Hall, 8/12 Nowe Ogrody St., 80-803 Gdańsk, room No.
315.
20.2. The announcement of the Contest results will involve revealing the identity of all
Participants in Stage II of the Contest. The Awarding Entity shall immediately notify
all Participants in Stage II of the Contest results.
20.3. The results of Stage II in the Contest shall be published by displaying the respective
announcement on the notice board at the Awarding Entity’s address and placing one
on the Awarding Entity’s website at: www.gdansk.pl.
20.4. On completion of the Contest the Awarding Entity shall become the owner of the
awarded Contest Projects. The projects which do not win a prize can be collected
from the Awarding Entity’s address upon Contest completion, at any time within three
months following the completion the latest. On the lapse of that period the entries
shall be archived.
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21.
Method of Providing Explanation Concerning the Rules of Procedure in the
Contest
21.1. The Contest Participants can place inquiries about the Rules of Procedure at any time,
though no later than six days before the deadline for the submission of the Requests to
Participate in the Contest. Replies to the questions shall be distributed among the
Participants without delay. The questions should be sent in by fax at the following
numbers: 058 323-65-15 or 058 323-64-81, or e-mailed to: e.adamska@gdansk.gda.pl
or m.stupak@gdansk.gda.pl. For confirmation purposes, please follow your faxed/emailed inquiries with the same questions sent in by post to the following address:
Urząd Miejski w Gdańsku Biuro Zamówień Publicznych, ul. Nowe Ogrody 8/12, 80803 Gdańsk.
21.2. The Contest Participants qualified for Stage I in the Contest can place their inquiries
about the Rules of Procedure at any time, though no later than six days before the
deadline for the submission of the Conceptual Proposals. Replies to the questions
shall be distributed among the Participants qualified for Contest Stage I without delay.
The questions should be delivered in the manner described in point 21.1.
21.3. The Contest Participants qualified for Stage II in the Contest can place their inquiries
about the Rules of Procedure at any time, though no later than six days before the
deadline for the submission of the Contest Projects. Replies to the questions shall be
distributed among the Participants qualified for Contest Stage II without delay. The
questions should be delivered in the manner described in point 21.1.
21.4. The Awarding Entity reserves the right to modify the content of the stipulations of
these Rules of Procedure:
- relating to the stage of pre-qualification of the Requests to Participate in the
Contest – before the deadline for submitting the Requests to Participate in the
Contest,
- relating to Stage I in the Contest - before the deadline for submitting the
Conceptual Proposals,
- relating to Stage II in the Contest - before the deadline for submitting the Contest
Projects.
The changes, if any, shall be notified of in the manner as defined for providing the
answers to the inquiries.
22.
Instruction on the Measures of Legal Protection Available to the Contest
Participants
The Participants in the Contest can avail themselves to the measures of legal
protection referred to in Title VI of the Public Procurement Law Act. The measures of
legal protection are not available with respect to the resolutions of the Contest Jury
concerning the evaluation of the contest projects or selection of the best contest
entries.
23.
Cancellation of the Contest
23.1. The Awarding Entity shall cancel the Contest, if no request to participate therein is
placed, or no conceptual proposal received, or no contest project submitted, or if no
resolution to the Contest is arrived at.
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23.2. Upon Contest cancellation the Awarding Entity shall immediately return the works to
the Contest Participants.
24.
Materials Available to the Contest Participants:
It is recommended that the Participants in the Contest use the sample forms enclosed
to these Rules of Procedure when providing the required declarations and documents,
i.e.:
1) The Request to Participate in the Contest including:
a) the Participant’s declaration of meeting the Contest terms;
b) the Participant’s declaration of being bound with the Contest terms;
c) the Participant’s declaration of being the holder of the financial copyright
title to the extent specified in the Rules of Procedure in the Contest;
d) the declaration on acceptance of the Rules of Procedure in the Contest,
including the stipulations to be incorporated in the future contract;
e) the declaration of will to enter into the contract to implement the Contest
Project and readiness to undertake works the project works;
f) the consent to the Awarding Entity’s use of the Contest Project for the
purposes underlying the Contest organisation;
2) The statement listing the names of the team members – authors of the Conceptual
Proposal and Contest Project;
3) The power of attorney to represent the Participants (in the event the Request is
placed by a team);
4) The declaration of having a track record of at least one interdisciplinary cultural
project carried through over the period of three years immediately preceding the
Contest launching date;
4) The declaration of holding the financial copyright title to the Conceptual Proposal;
5) The declaration of holding the financial copyright title to the Contest Project.
These Rules of Procedure have been approved by the Director, Public Procurement Office –
Jan Szczepański
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REQUEST TO PARTICIPATE 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
First name/names, Surname/surnames, or
Name of the Contest Participant/Team
Leader, plus the address, post code, and
telephone
Declarations of the Contest Participant / Team Leader:
I/ we declare that:
1. I/we meet the Contest terms, including the eligibility conditions set forth in Art. 22.1 of the
Public Procurement Law Act:
- have the necessary knowledge and experience, and have at disposal the technical potential
and personnel capable of performing the contract,
- am/are in a financial and economic situation ensuring the performance of the contract,
- am/are not liable to exclusion from the award procedure;
2. I/we am/are bound with the Contest terms;
3. I/we hold the financial copyright titles to the extent defined in the Contest Terms;
4. I/we accept the Rules of Procedure in the Contest, including the stipulations to be incorporated
in the future contract;
5. I/we express my/our will to enter into the contract to implement the contest project and declare
that in the event I/we win Stage II in the Contest I/we am/are ready to undertake cooperation on
the project works based on the assumptions I/we present, within 1 month following the Contest
result announcement date;
6. I/we give our consent to the use of our Contest Project by the Awarding Entity for the purposes
underlying the Contest organisation.
Signatures of the persons authorised to
make statements of will on behalf of the
Contest Participant/ Team Leader
..............................................................................
date, and full name in hand-writing
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SCHEDULE No. 1
to the Request to Participate 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
STATEMENT LISTING THE NAMES OF THE TEAM MEBERS
I, the undersigned, declare that the Conceptual Proposal and Contest Project shall be
developed by the team of the following composition:
First name, Surname
Address
Signature by each team
member
.....……………….……………………………..
date, and full name of the team-leader in
handwriting
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SCHEDULE No. 2
to the Request to Participate 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
POWER OF ATTORNEY
We, the undersigned, represent and declare that we confer the power of attorney onto Mr/Ms
…………………..….…… residing in …..………...... at …….…………........................……,
to represent us 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, and to make the statements of will, provide the information and
documents required under the Rules of Procedure in the Contest.
……………………………………..
date, and full name of the team member in hand-writing *
…………………………………..
date, and full name of the team member in hand-writing *
…………………………………..
date, and full name of the team member in hand-writing *
…………………………………..
date, and full name of the team member in hand-writing *
…………………………………..
date, and full name of the team member in hand-writing *
*delete as appropriate
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SCHEDULE No. 3
to the Request to Participate 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
DECLARATION OF HAVING A TRACK RECORD OF AT LEAST ONE
INTERDISCIPLINARY CULTURAL PROJECT CARRIED THROUGH OVER THE
PERIOD OF THREE YEARS IMMEDIATELY PRECENDING THE CONTEST
LAUNCHING DATE
I, the undersigned, residing in ………………………………… at ……………
acting in the name and on behalf of ……………………………………………………………
who is a Contest Participant*/in my capacity of a Contest Participant, declare that I have a
track record of at least one interdisciplinary cultural project carried through over the period of
three years immediately preceding the Contest launching date.
It.
Project title and brief description
Client
Execution period
…………………………………………….
date, Team Leader’s full name in handwriting
* delete as appropriate
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DECLARATION OF HOLDING THE FINANCIAL COPYRIGHT TITLE
I, the undersigned, residing in ………………………………… at ……………
acting in the name and on behalf of ……………………………………………………………
who is a Contest Participant*/in my capacity of a Contest Participant, declare that I am the
author/joint author of the conceptual proposal submitted 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, and that I hold*/ the entity I
represent holds* the unrestricted financial copyright title to the submitted conceptual proposal,
and that the works comprising the object of the conceptual proposal do not infringe on the
copyright of any third parties to any extent specified in the Rules of Procedure in the Contest
conducted in accordance with the Public Procurement Law Act of 29 January 2004
(consolidated text in: Journal of Laws 2007: No. 223, it. 1655).
…………………………………………….
date, Team Leader’s full name in handwriting
*
delete as appropriate
22
SCHEDULE
to the do Contest Project
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
DECLARATION OF HOLDING THE FINANCIAL COPYRIGHT TITLE
I, the undersigned, residing in ………………………………… at ……………
acting in the name and on behalf of ……………………………………………………………
who is a Contest Participant*/in my capacity of a Contest Participant, declare that I am the
author/joint author of the contest project submitted 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, and that I hold*/ the entity I
represent holds* the unrestricted financial copyright title to the submitted contest project, and
that the works comprising the object of the contest project do not infringe on the copyright of
any third parties to any extent specified in the Rules of Procedure in the Contest conducted in
accordance with the Public Procurement Law Act of 29 January 2004 (consolidated text in:
Journal of Laws 2007: No. 223, it. 1655)
…………………………………………….
date, Team Leader’s full name in handwriting
*
delete as appropriate
___________________________________________________________________________
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