Tendering in Poland INTRODUCTION n Company Setup n

Tendering in Poland

INTRODUCTION n Company Setup n Tendering n Project Delivery

COMPANY SETUP n Can be Irish or Polish Registered to Partake in Public Tenders n Critical Issue – Utilising Company References & Resources n Ø JV with Parent Company Ø New law requires only Letter of Permission VAT Number Ø Possible to Operate without Ø Easier to Operate with o Ø Sub-Consultants charge VAT Accountants can advise on process

COMPANY DOCUMENTATION n Certificate of Incorporation n CRO Company Printout n Company Memorandum & Articles of Association n Tax Clearance Certificate n Declaration on Oath n Directors Eligibility Letters n Tax Clearance Certificate Letter n Change of Registered Name / Address Certificates – (If Relevant)

PREPARATION OF COMPANY DOCUMENTS n Stamped and signed by a Solicitor n Copies of the original must be stamped as Ø Ø True Copies of the Original Signed by a Solicitor n Company statements should be printed on company headed paper and signed by two directors n Apostilled in the department of Foreign Affairs Ø n Do. F will not Apostille any document that does not have the Solicitors Signature on it Ø n n Except Company Statements Solicitors stamp on its own will not suffice All documents must have Polish translation Copies of all documents are submitted in tenders Ø originals, with solicitor signatures and Apostilles, must be available for inspection

PROJECT SPECIFIC TENDER DOCUMENTS Documents to be in Place n Ø Insurance Certificates Ø Bank Reference Letter confirming credit amount required by tender Ø Power of Attorney Letter Ø Signed by two directors Ø Tender Specific Ø Project Reference Letters Ø List of Licensed (Chartered) personnel proposed for specific duties required by tender

PROJECT REFERENCE LETTERS n Reference Projects - completed within the last 3 years n Signed Client Reference Letter Ø n As detailed as possible In general references should include: Ø Dates – to the nearest month of completion of each stage of the project Ø Measurements – Areas of Buildings, Lengths of Roads, Capacity of Treatment Plants etc Ø Detailed list of services carried out by company Ø Brief Description of project

LICENCED versus CHARTERED ENGINEERS n Possible to obtain temporary Polish Licences for Irish Chartered Engineers Ø ‘Transborder’ Licence o n Project & Region Specific Documents Required Ø Copy of last page of Passport Ø Copy of Irish Chartership Certificate Ø Copies of Educational Qualification Certificates o Masters Degree makes process easier Ø Company letter confirming personnel employment (Signed by one Director) Ø Power of Attorney appointing proxy Ø Statement of Workload Ø Application to relevant chamber

DIFFERENCES IN TENDERING; Ireland v. Poland n Single stage process (generally) n Deposit’s required for each tender and vary in size n Tender Selection Criteria is usually awarded on 100% price n Generally there are only minimum requirement standards with no quality marking n Preparation of bids is a lot less cumbersome & time consuming n Initial tender ranking generally available on the day of submission n Protest Period Ø Opportunity to check other companies documentation for errors, and omissions o Both Technical & Legal

THINGS TO WATCH n No standard contract Ø n Legal Advice Recommended Read in detail Ø Penalties o Check the rate as they will be applied, by law Ø Risk Transfer Ø Project Timescales – Sometimes Unachievable o When likely to be appointed o Extensions due to delays outside your control are not always granted Ø Project Documentation provided may be in a different format than expected / used to Ø Change of Scope – Doesn't Happen

PROJECT DELIVERY (1) n Map for Design Purposes Legal Document Ø n Confirm Design Guidelines & Conditions Ø Client, Client Technical Departments, Utility Companies, n ZUD n House owner Consents etc n Permits Required & timeline Ø n EIS, Planning, Construction Design to be Checked & Approved by ‘Licenced’ Engineer

PROJECT DELIVERY (2) n Paper Trail Ø n Technical Translations Ø n Hard copy not email no ambiguity Format of documents, Ø A 4 booklets n Level of detail required n Logistics of delivery

BEST OF LUCK n Happy to answer questions n Assist where we can n Wish everyone best of luck with future ventures