The Mayor of Szczecin

announces the open, written call for tenders for the lease of the land property owned by the Municipality of Szczecin, situated at Mieczysława Karłowicza, Kazimierza Twardowskiego and Stanisława Ignacego Witkiewicza streets in Szczecin, for a period exceeding three years

 

                                                                                                                 

The content of this notice and the appendices in English can be downloaded from http://bip.um.szczecin.pl/chapter_50758.asp or from http://zbilk.szczecin.pl/bip/?type=group&action=list&id=8

 

 

 

I.               Tender procedure

 

The written open tender procedure to determine the most advantageous tender concerning the lease of the property. Legal basis: Art. 38, Art. 40(1)(3) and (5) of the Act of 21 August 1997 on Real Property Management (Journal of Laws of 2021, item 1899 as amended).

 

II.            Location of property

The property is situated at Mieczysława Karłowicza, Kazimierza Twardowskiego and Stanisława Ignacego Witkiewicza streets in Szczecin.

 

III Lease period

The lease period duration is 12 years.

 

IV.          Symbol and area of the real property according to data extracted from the land: 

1.         The subject matter of the written open tender procedure is the lease of the following land property with buildings and structures constituting a sports complex (hereinafter: the Property), marked in red on the map attached hereto as Appendix No. 1, together with equipment (hereinafter: the Equipment), the list of which is presented in Appendix No. 2 hereto, jointly referred to as the Lease Object:

1)       the property located at ul. Mieczysława Karłowicza 28 in Szczecin, designated by plot number 33/7, precinct 2081 Pogodno, with an area of 68,092 m², for which the District Court Szczecin – Prawobrzeże and Zachód in Szczecin keeps Land and Mortgage Register No. SZ1S/00127813/0;

2)       the property located at ul. Mieczysława Karłowicza in Szczecin, designated by plot number 33/6, precinct 2081 Pogodno, with an area of 2358 m², for which the District Court Szczecin – Prawobrzeże and Zachód in Szczecin keeps Land and Mortgage Register No. SZ1S/00083677/3,

3)       the property located at ul. Mieczysława Karłowicza 28 in Szczecin, designated by plot number 3/4, precinct 2082 Pogodno, with an approximate area of 67,150 m², for which the District Court Szczecin – Prawobrzeże and Zachód in Szczecin keeps Land and Mortgage Register No. SZ1S/00232854/8;

- developed with the stadium building described in the land and buildings register as the education, science and culture building and the sports building, marked with the following identifier: 326201_1.2082.60_BUD, with a built-up area of 9833.00 m², and eleven pavilions forming part of the stadium building described in the land and buildings register as other non-residential buildings, marked with the following identifiers:  326201_1.2081.161_BUD, 326201_1.2081.162_BUD, 326201_1.2081.163_BUD, 326201_1.2081.164_BUD, 326201_1.2082.51_BUD, 326201_1.2082. 52_BUD, 326201_1.2081.165_BUD, 326201_1.2082.55_BUD, 326201_1.2082.57_BUD, altogether with a built-up area of 81.00 m2, as well as 326201_1. 2082.54_BUD and 326201_1.2082.59_BUD, both with a built-up area of 152.00 m2, with a total usable area of 36,819.32 m²; two buildings described in the land and buildings register as commercial and service buildings, marked with the following identifiers: 326201_1.2082.53_BUD, 326201_1.2082.58_BUD, both with a built-up area of 30.00 m2 and a usable area of 21.07 m2; two buildings described in the land and buildings register as other non-residential buildings, marked with the following identifiers: 326201_1.2082.56_BUD and 326201_1.2082.61_BUD, both with a built-up area of 30.00 m² and a usable area of 21.07 m²; a building described in the land and buildings register as hospital and other health care buildings, marked with the following identifier: 326201_1.2081.166_BUD, with a built-up area of 43.00 m² and a usable area of 39.42 m²; five buildings described in the land and buildings register as other non-residential buildings with the following identifiers: 326201_1.2082.19_BUD, 326201_1.2082.30_BUD, 326201_1.2082.33_BUD, 326201_1.2081.167_BUD and 326201_1.2081.168_BUD, with a built-up area of 241.00 m2, 47.00 m², 15.00 m², 50.00 m², and 104.00 m², respectively, and a usable area of 614.55 m2, 39.95 m2, 12.75 m2, 45.00 m2 and 95.00 m2, respectively; the building of the Children and Youth Training Centre described in the land and buildings register as an education, science and culture building and a sports building, marked with the following identifier: 326201_1.2081.169_BUD, with a built-up area of 1275.00 m² and a usable area of 2140.10 m²;

4)       part of the undeveloped property located at ul. Kazimierza Twardowskiego in Szczecin, designated by plot number 3/2, precinct 2082 Pogodno with an area of 2606 m², for which the District Court for Szczecin – Prawobrzeże and Zachód in Szczecin keeps Land and Mortgage Register No. SZ1S/00127815/4;

5)       part of the undeveloped property located at ul. Kazimierza Twardowskiego in Szczecin, designated by plot number 3/3, precinct 2082 Pogodno with an area of approx. 761 m², for which the District Court for Szczecin – Prawobrzeże and Zachód in Szczecin keeps Land and Mortgage Register No.SZ1S/00127815/4;

6)       part of the undeveloped property located at ul. Stanisława Ignacego Witkiewicza in Szczecin, designated by plot number 34, precinct 2081 Pogodno with an area of 6837 m², for which the District Court for Szczecin – Prawobrzeże and Zachód in Szczecin keeps Land and Mortgage Register No. SZ1S/00181342/3;

7)       part of the undeveloped property located at ul. Stanisława Ignacego Witkiewicza in Szczecin, designated by plot number 4 precinct 2082 Pogodno with an area of 2090 m², for which the District Court for Szczecin – Prawobrzeże and Zachód in Szczecin keeps Land and Mortgage Register No. SZ1S/00212174/1.

2.         The sports complex, the development of which is presented in Appendix No. 1a hereto, comprises the buildings described in detail in Par. 1 as well as structures and associated infrastructure, i.e.:

1)         water supply, sewage, heating and electricity systems serving the buildings described in Par. 1 items 1-3; 

2)         pitch No. 1 ‒ the main playing field area, with the accompanying water supply, sewage, heating and electricity systems;

3)         practice pitches Nos. 2, 4, 5 and 6, with the accompanying water supply, sewage, heating and electricity systems;

4)         pitch No. 3 ‒ the Children and Youth Training Centre with the stand and the accompanying water supply, sewage, heating and electricity systems;

5)         other elements of land development, including traffic routes such as roads, pavements, car parks, police vehicle zones, landscaping and small architecture, with the accompanying water supply, sewage, heating and electricity systems.

3.         The Lessor reserves the right to unilaterally limit the Lease Object by excluding the land constituting a part of plots Nos. 3/2, 3/3 and 4, precinct 2082, marked in green on the map attached hereto as Appendix No. 3, in the event that the land becomes necessary for the Municipality of Szczecin to implement the investment. The Lessor shall notify the Lessee six months in advance of its intention to limit the Lease Object for reasons referred to in the preceding sentence.

4.         In addition, the Lessor reserves the right to unilaterally limit the Lease Object by excluding the land constituting part of plots of land Nos. 3/2, 3/3 and 3/4, precinct 2082, together with the buildings described in the land and buildings register as other non-residential buildings, with the following identifiers: 326201_1.2082.19_BUD, 326201_1.2082.30_BUD and 326201_1.2082.33_BUD, marked in blue on the map attached hereto as Appendix No. 3. The Lessor shall notify the Lessee six months in advance of its intention to limit the Lease Object for reasons referred to in the preceding sentence.

5.         In the event that the Lessor exercises the rights referred to in Par. 3 above, the lease fee shall be reduced by 0.2% in relation to the lease fee for the Property offered by the Tenderer.

6.         In the event that the Lessor exercises the rights referred to in Par. 4 above, the lease fee shall be reduced by 0.8% in relation to the lease fee for the Property offered by the Tenderer.

7.         In addition, in the event that the Lessor exercises the right referred to in Par. 4 above, the Lessee shall provide the Lessor, or an entity designated by the Lessor, with free access to the land and buildings in question.

8.         The Organiser notifies that there are two deep wells on the land marked in purple on the map attached hereto as Appendix No. 3. Any use of the said wells by the Lessee shall require the conclusion of a separate agreement between the Parties defining the terms and conditions of using the wells.

9.         Note! If, during the term of this agreement, any of the appliances (Equipment) covered by the Lease Object is withdrawn from use, whether as a result of wear and tear, destruction, failure or other for other reasons, the Lessor shall not be bound to provide the Lessee with new or replacement equipment in place of the withdrawn equipment. The situation referred to in the preceding sentence shall not entitle the Lessee to reduce the lease fee offered by the Tenderer for the Equipment in question. 

10.     The handover of the Lease Object shall take place within 3 months from the date of concluding the agreement.

 

V Purpose of the property and its development

 

There is no local development plan for the land property. According to the spatial development conditions and directions study for the City of Szczecin – sports and recreational services (and roads). The property is assigned for the sports and recreational purposes. The sports functionality of the Lease Object shall be maintained by the Lessee in the entire duration of the agreement. Any modification in the purpose of the property is not admissible. The catering, commercial and entertainment activity, accompanying the sports functionality of the Lease Object, carried out in compliance with provisions of the relevant law, shall be considered by the Lessor as admissible.

 

 

VI   Charges on the Property and other liabilities

1)         Land and Mortgage Register KW No. SZ1S/00127813/0 – utility easement for the benefit of Zakład Wodociągów i Kanalizacji spółka z ograniczoną odpowiedzialnością (Waterworks and Sewage System Company, Ltd.) in Szczecin (hereunder referred to as “ZWiK”);

2)         Land and Mortgage Register KW No. SZ1S/00083677/3 – utility easement for the benefit of Szczecińska Energetyka Cieplna spółka z ograniczoną odpowiedzialnością (Szczecin Heat and Power Company, Ltd.) in Szczecin (hereunder referred to as “SEC”);

3)    Land and Mortgage Register KW No. SZ1S/00232854/8 – utility easement for the benefit of ZWiK;

4)       4) Land and Mortgage Register KW No. SZ1S/00127815/4 – utility easement for the benefit of SEC and ENEA Operator spółka z ograniczoną odpowiedzialnością in Poznań (hereunder referred to as “ENEA”);

5)       5) Land and Mortgage Register KW No. SZ1S/00181342/3 – no entries in Division III of the Land and Mortgage Register,

6)      6)  Land and Mortgage Register KW No. SZ1S/00212174/1 – utility easement for the benefit of SEC.

VII.  Obligations of Lessee in the duration of the agreement.

1.       The selected Lessee shall:

1)      utilise the Lease Object according to provisions and limitations arising from this Agreement,

2)      utilise the Lease Object according to its sports functionality and in manner ensuring preservation of its substance in not worsen condition, according to the requirements on the proper management and the rules defined in operating manuals for individual installations, equipment or systems (FAS – Fire Alarm System, VAS – Voice Alarm System, LAN – Local Area Network (local telecommunication and information network), WLAN – Wireless Local Area Network (wireless network), CCTV – visual monitoring, closed circuit television, BMS – Building Management System, AKPiA – Instrumentation, Control, Automation, DS – Digital Signage (stadium television), IPTV – Terrestrial and satellite television signal transmitted via Internet protocol, Ticketing – the spectator access control system, ACS – Access Control System, BPA – Burglar and Panic Alarm, PA – Public Address, sound system for stadium stands and entrance zone, defined in the handover report submitted to the Lessee,

3)      carry out the necessary and provided by the law inspections of facilities and structures, maintenance (provided that maintenance shall not cover the removal of any flaws and defects under guarantee) and repair of building facilities forming the Lease Object at own cost to keep the facilities in a condition compliant with the law and to run a building log-book and make the relevant entries on periodical inspections of the technical state of the facilities according to the applicable law, including Art. 62 of the Act of 07 July 1994 – The Building Law (uniform text, Journal of Laws of 2021, item 2351, as amended), and to hand over to the Lessor the copies of documents confirming the above-mentioned inspections within 14 days from carrying them out,

4)      observe the regulations on fire prevention, protection of the environment, occupational health and safety, and sanitary and epidemiological issues,

5)      obtain the previous consent of the Lessor to make any adaptation works to adjust the Lease Object to the Lessee’s own needs, and the works concerning upgrading or overhaul,

6)      keep the Lease Order in proper order, cleanness and condition compliant with the rules defined in separate regulations, including trees and bushes present in the Lease Object area on the day of handing over the Lease Object and planted by the Lessor in the duration of the agreement, and if such trees or bushes are destroyed, the Lessee is obliged to make a secondary or replacement planting and to carry out the relevant agrotechnical activities (grass watering, mowing, line painting, snow clearing from turf, etc.), performed in accordance with the Instructions for turf use given to the Lessee upon handover of the Lease Object. The aforementioned instructions shall be made available to the Tenderers by the Organiser for inspection at the headquarters of the Municipal Buildings and Premises Management Authority at ul. Goszczyńskiego 4a in Szczecin, 

7)      provide specialist services with free and unpaid access to the networks running through the Lease Object,

8)      provide the Lessor and Korporacja  Budowlana Doraco Sp. z o.o. with its registered office in Gdańsk ‒ the contractor (hereinafter: the Contractor) entrusted with performing construction works as part of the investment project titled: “The construction of the Children and Youth Training Centre, along with the reconstruction and extension of the Florian Krygier Municipal Stadium in Szczecin, football pitches and accompanying infrastructure” (hereinafter: the Project), with the free and unpaid access to carry out the post-warranty inspections,

9)      provide the Lessor with the opportunity of carrying out the ad hoc inspection to verify if the Lessee observes its obligations arising from the Agreement as well as a periodical inspection regarding:

a)    observance of provisions of item 1, 2 and 6 of this Chapter and operating manuals for individual installations, equipment and systems mentioned in item 2 and 6 of this paragraph by the Lessee;

b)   accessibility of the Lease Object to the Polish Football Association in accordance with the provisions of Par. 4(1) of this Chapter;

c)    observance of obligation mentioned in Par. 4(3), (4) of this Chapter by the Lessee,

10)  immediately notify the Lessor (not later than within 2 days) on any defects or faults found in the Lease Object to provide the Lessor with the opportunity to exercise the rights arising from the guarantee. A copy of a defect or fault notice submitted by the Lessor shall be served to the Lessee immediately after such defect or fault is reported, but not later than within 5 days,

11)  ensure the safety and order in time of the mass events, the mass sports events and football matches according to the Act of 20 March 2009 on the Safety of Mass Events (uniform text, Journal of Laws of 2022, item 1466, as amended) and the implementing provisions cited, i.a.: in the Regulation of the Minister of Health of 6 February 2012 on the Minimum Requirements Concerning the Medical Safety of Mass Events (Journal of Laws of 2012, item 181),

12)  provide the Lessor, or an entity designated by the Lessor, with free access to the property constituting part of plots Nos. 3/2, 3/3 and 3/4, precinct 2082, not included in the Lease Object, marked in yellow on the map attached hereto as Appendix No. 3 through part of Plot No. 3/3, precinct 2082, included in the Lease Object,

13)  obtain all approvals, permits, licences, etc. from the competent authorities in accordance with the regulations in force with regard to its activities on the leased property,

14)  in the performance of the Agreement, observe the applicable provisions of law, including, i.a.:

a)    provisions of the Act of 27 April 2001 – Environment Protection Law (uniform text, Journal of Laws of 2021, item 1973),

b)    provisions of the Act of 14 December 2012 on Waste Management (uniform text,  Journal of Laws of 2022, item 699, as amended).

2.       To carry out the obligations mentioned in Par. 1, in the entire duration of the Lease Agreement, the Lessee is obliged to have the properly trained personnel ensuring the adequate operation of the Lease Object, in particular installations, systems, equipment and grassland defined in Par. 1(2).

3.       The Lessee shall have the right to place, within the limits of the Lease Object, the signboards concerning the enterprise of the Lessee and advertising fixtures of contractors with whom the Lessee signed the agreements on the provision of promotional/sponsorship services, observing provisions of the applicable law and without any additional remuneration.

4.       In addition, the Lessee shall make available free of charge, to the Municipality of Szczecin or an entity designated by it:

1)        for 25 days a year, on the dates specified in the Schedule of Games, the entire Lease Object, including the pavilions located in the building crest, excluding training pitches Nos. 2, 3, 4, 5 and 6, and the building of the Children and Youth Training Centre (hereinafter: the CSDiM), provided that, in the case of the CSDiM building, the Lessee shall provide access to the working room for television, and

2)       additionally, up to 25 times a year, pitch No. 1 (the main playing field area) for 1.5 hours a day for training on the day before the day on which the match is played. The handover and return of the Lease Object, in accordance with this paragraph, shall be confirmed by handover reports drawn up by the Parties specifying the technical condition of the Lease Object and the reading of the meters,

3)       VIP Box No. 10 for at least 30 times a year, including for all matches of Pogoń, with full service including catering to the standard to be applied to the other boxes.

5.       As regards the 25 days referred to in Par. 4.1, the total time of utilising pitch No. 1 (the main playing field area) shall not exceed 2.5 hours a day.

6.       Along with making the Lease Object available, in accordance with Par. 4.1, the Lessee shall provide the Municipality of Szczecin, or an entity designated by it, with the possibility to use all the technical infrastructure necessary for the proper functioning and use of the Lease Object, and in particular:

1)       the access control system,

2)       the sound system, monitoring and lighting systems, the Internet and WIFI, BMS,

3)       power supply to the building (main and back-up power supply).

7.       The Schedule of Games referred to in Par. 4 (1) for 2023 shall be provided to the Lessee within 21 days of signing the agreement, and for subsequent years, by the end of November of the previous year. However, the Municipality of Szczecin reserves the right to amend the Schedule three months in advance. The schedules transferred and amended in accordance with the above provisions shall not constitute an amendment to this agreement.

8.       The Organiser notifies that the conclusion of the Lease Agreement:

1)       shall not lead to the transfer to the Lessee of any rights to brands, logos, names, trademarks or other signs belonging to the Organiser, or any other authorisation for the Lessee to use them, other than the use solely in the manner specified in the Agreement (the draft version of which is attached hereto as Appendix No. 10) and for its proper performance,

2)       The Organiser shall have the  exclusive right to determine  and change the official name of the Stadium and the Centre, covered by the Lease Object, together with the logo, and to dispose of and benefit from these rights. If the name is changed, the Lessor shall inform the Tenderer without delay.

9.       The Organiser notifies that the Municipality of Szczecin is currently reviewing proposals for the title sponsor. Once the title sponsor is selected, the Lessee shall observe and respect the rights of the title sponsor resulting from the sponsorship agreement concluded with Municipality of Szczecin. The Lessor shall notify the Tenderer of concluding such an agreement and its content within 21 days of its conclusion. The rights vested in the Title Sponsor are presented in Appendix No. 9 hereto.

10.    The Tenderer acknowledges the circumstances described in Par. 9 and the fact that, due to the above, it shall not be entitled to any financial claims against the Municipality of Szczecin, any in particular claims for damages and lease fee reduction.

11.    In case of violation by the Lessee of the provisions of the agreement, the Lessee shall pay to the Lessor a contractual penalty in the amount and manner as described in the draft version of the Agreement constituting Appendix No. 10 hereto.

12.    Note! Additionally, due to the Contract signed by the Lessor with the State Treasury – the Minister of Sports and Tourism No. 2019/0050/0338/SubA/DIS/S/18 on the aid from the Fund of Development of Physical Culture granted to the investment project in the framework of the Programme on projects of special importance for sports – edition 2018 and obligations of the Municipality of Szczecin, the Lessee shall:

1)      make available to the Polish Football Association (hereunder referred to as “PZPN”), according to Timetable handed over to the Lessee and under the right of priority:

a)       the Centre for the Training of Children and Youth,

b)       a training, heated football pitch with a hybrid surface with dimensions of 105 x 68 m with a stand and lighting,

c)       a training, heated football pitch with a hybrid surface with dimensions of 105 x 68 m with lighting,

d)       a training football pitch with a surface of synthetic grass and with dimensions of 62 x 95 m and pneumatic coating,

e)       two football pitches with natural surface and dimensions of 105 x 66 m with lighting,

f)        the main stadium field – a football pitch No. 1 with dimensions of 105 x 68 m with heating installation and hybrid surface and lighting,

g)       the area adjacent to the facility – for the training needs of the cup, league and friendly matches, including organisation of the national and international sports competitions in the form of football matches.

The above-mentioned free of charge use shall not apply to the costs of utilities or to cleaning costs, which shall be subject to settlement with the Lessee;

2)      provide the persons authorised by the Minister of Sports and Tourism and the Lessor with the opportunity of carrying out the inspections of the Lease Object in the scope defined in the above-mentioned Contract No. 2019/0050/0338/SubA/DIS/S/18. The copy of provisions of the above-mentioned Contract concerning the manner and scope of the inspection is given in Appendix No. 11 hereto,

3)      sub-let or sub-lease the Lease Object to the football clubs and associations the activity of which is associated with training of children and youth in the scope of football, and the local football clubs participating in tournaments on various level of football leagues, under equal and non-discriminatory rules which will be defined under a Resolution of the City Council of Szczecin or an Ordinance of the Mayor of Szczecin,

4)      until the end of January of each year, submit the report regarding the performance of obligations defined in point 1 and 3 and referring to the previous year.

13.    In addition, under Agreement No. 2019/0050/0338/SubA/DIS/S/18 concluded by the Municipality of Szczecin, the Tenderer acknowledges that the sports infrastructure being the subject of this notice cannot be utilised by one professional sports club in more than in 80% of its time potential annually, unless the other entities are not interested in the utilisation of the infrastructure.

14.    If the Lessee violates the obligations defined in this Notice and draft of the Agreement, the contractual penalties may be imposed on the Lessee according to provisions of the draft of the Lease Agreement forming Appendix No. 10 hereto to be downloaded from the webpage http://bip.um.szczecin.pl/chapter_50758.asp or http://zbilk.szczecin.pl/bip/?type=group&action=list&id=8.

15.    To secure the payment of contractual penalties and indemnity defined in the draft version of the Lease Agreement, the Lessee shall submit itself to voluntary enforcement defined in the draft version of the Lease Agreement under Art. 777 of the Code of Civil Procedure.

                                                                     

VIII Lease fee

 

1.         The initial, minimum, monthly net amount of the lease fee for the tender procedure and concerning the individual Property covered by the Lease Object is: PLN 31,940.00.

2.       The initial, minimum, monthly net amount of the lease fee for the tender procedure and concerning the equipment and devices forming the fixtures and fittings of the Lease Object is 0.3% of the value of the handed over equipment. The quantity, type and value of leasable equipment are defined in Appendix No. 2.

3.       Note! If, during the term of the agreement, any of the appliances (Equipment) covered by the Lease Object is withdrawn from use, whether as a result of wear and tear, destruction, failure or other for other reasons, the Lessor shall not be bound to provide the Lessee with new or replacement equipment in place of the withdrawn equipment. The situation referred to in the preceding sentence shall not entitle the Lessee to reduce the lease fee. Therefore, the Tenderer should take into consideration the above circumstance when determining the lease fee for the said Equipment.

4.       The offered lease fee shall be paid by the Lessee in advance and not later than by the 10th day of each month.

5.       The Lessor shall add to the monthly amount of the lease fee the tax on goods and services in the amount arising from provisions applicable on the day of issuing the invoice.

6.       In addition to the lease fee, the Lessee shall bear all costs associated with the operation of the Lease Object.

7.       The Lessee shall bear all public and legal burdens related to the holding of the Lease Object and charged in accordance with the applicable laws to the owner or holder of the property, and in particular to declare and timely pay the property tax. For this purpose, the Lessee shall submit an appropriate property tax return to the Department of Taxes and Local Fees of the Szczecin City Hall.

8.       The Lessee shall conclude agreements, on its own behalf, with suppliers of all utilities necessary for the use of the Lease Object in line with the purpose specified herein, including electricity and water suppliers, recipients of liquid and solid waste (municipal waste), and gas suppliers, and to bear the costs thereof, for the benefit of these entities.

9.       Any questions concerning the terms of the tender procedure should be sent to the e-mail address of the Organiser of tender procedure sekretariat-DDG@zbilk.szczecin.pl until 23.12.2022 at the latest. Any questions sent after the deadline shall not be answered. The Organiser of the tender procedure shall publish all questions and answers on the webpage http://bip.um.szczecin.pl/chapter_50758.asp or http://zbilk.szczecin.pl/bip/?type=group&action=list&id=8.

 

IX   Conditions of participation in the tender procedure

 

1.       1. Conditions of participation in the tender procedure:

1)       payment of tender guarantee in the amount, form and period defined in Chapter XIII of this Notice,

2)       submission of a correct tender compliant with date and requirements defined in this Notice,

3)       satisfying the conditions of participation in the tender procedure mentioned in Par. 2 of this Chapter by Tenderers.

2.       2. The tender procedure is open for participation of Tenderers:

1)       having the economic or financial standing ensures the proper performance of the Lease Agreement, i.e., having the financial assets amounting to at least PLN 500,000.00. However, if a tender is submitted jointly, this condition should be complied with by one tenderer or all renderers jointly;

2)       having at least 3-year long experience in the scope of management of a stadium of at least 3^rd UEFA class acquired in the last 10 years preceding the date of tender submission. However, if a tender is submitted jointly, this condition should be complied with fully by one of the tenderers who submitted the joint tender;

3)       having the proper personnel potential, i.e.:

a)       one person having at least 3-year long experience in real property management. i.e. in the scope of carrying out the activities mentioned in Art. 184b of the Act of 21 August 1997 on Real Property Management (Journal of Laws of 2021, item 1899, as amended) acquired in the last 10 years preceding the date of tender submission. However, if a tender is submitted jointly, this condition should be complied with by one tenderer or all tenderers jointly;

b)       two persons having SEP (Association of Polish Electrical Engineers) up to 15 kV, cat. D and E (cat. D – in the scope of supervision, cat. E – in the scope of operation) – necessary for maintenance (supervision and operation) of transformer station and its entire accessory equipment and all cable networks as well as electrical and power equipment for the entire facility. However, if a tender is submitted jointly, this condition should be complied with by one tenderer or all tenderers jointly; 

c)       two persons having at least 3-year long experience (acquired in the last 10 years) in the maintenance of natural turf. However, if a tender is submitted jointly, this condition should be complied with by one tenderer or all tenderers jointly; 

4)       having at least 3-year long experience in training of children and youth in football acquired in the last 10 years preceding the date of tender submission. However, if a tender is submitted jointly, the condition concerning training of children or youth should be complied with fully by one of the tenderers who submitted the joint tender;

5)       having the experience in the organisation of  mass sports events and high-risk mass events as interpreted in the Act of 20 March 2009 on the Safety of Mass Events (Journal of Laws of 2022, item 1466, as amended) i.e., who organised at least 20 (twenty) mass sports events and at least 2 (two) high-risk mass events in the last 5 years before the date of submission of the tender. However, if a tender is submitted jointly, the condition concerning the mass sports events should be complied with in full by at least one of tenderers submitting the joint offer, the condition concerning the higher risk mass events should be also complied with in full by one of the tenderers who submitted the joint tender;

6)       having no incurred arrears in payment of any taxes, local fees or premiums due to a relevant Tax Office or Social Insurance Institution and the Municipality of Szczecin (included its establishments and budgetary units). However, if a tender is submitted jointly, this condition should be complied with by each of tenderers submitting the joint tender.

3.       3. To confirm the compliance with the conditions of participation in the tender procedure, a Tenderer may rely on the knowledge and experience or technical or professional skills or financial or economic standing of other entities, regardless of a legal nature of these relationships.

4.       4. The Tenderer who relies on the knowledge, experience, skills or standing of other entities has to prove to the Organiser of the tender procedure that in the performance of the Lease Agreement, the Tenderer shall have the necessary resources of such entities, in particular, submitting the obligation of these entities to hand over to Tenderer the resources necessary to perform the Lease Agreement. NOTE: If proving the compliance with conditions defined in Par. 2(1), (2), (3), (4), (5) of this Chapter the Tenderer relies on the knowledge, experience, skills or standing of other entities, it should attach to tender the documents mentioned in Chapter X, Par. 7(1), (3) and (7) concerning such entities. A template of obligation is given in Appendix No. 5 to this Notice to be downloaded from the webpage http://bip.um.szczecin.pl/chapter_50758.asp or http://zbilk.szczecin.pl/bip/?type=group&action=list&id=8.

5.       5. The organiser of the tender procedure evaluates whether technical or professional skills or knowledge, experience made available to the Tenderer or their financial or economic standing allow the Tenderer to comply with the condition of participation in the tender.

 

X Date, place and procedure for submitting the written tenders

 

1.       1. The tenders should be placed in the office of the Municipal Buildings and Housing Management Department at ul. Mariacka 25 in Szczecin in room No. 16 until 17.01.2023 by 12:00 (noon).

2.       2. A Tenderer may withdraw its tender before the expiry of the deadline for submission of tenders. In this case, the Tenderer has the right to receive the reimbursement of the tender guarantee paid due to the planned participation in the tender procedure. Withdrawal of tender is made upon the written application of the Tenderer. The Tenderer states in the application for withdrawal of tender the number of the bank account on which the tender guarantee should be reimbursed.

3.       3. Opening of tenders and open part of the tender procedure shall take place on 17.01.2023 at 12:30 (half past noon) the Municipal Buildings and Housing Management Department at ul. Mariacka 25 in room No. 14.

4.      4. A tender should be submitted in a closed envelope with the inscription: “Przetarg na dzierżawę nieruchomości gruntowych stanowiących własność Gminy Miasto Szczecin zabudowanych obiektami sportowymi położonymi przy ulicach: Mieczysława Karłowicza, Kazimierza Twardowskiego i Stanisława Ignacego Witkiewicza  w Szczecinie (The tender procedure for the lease of the land property being the property of the Municipality of Szczecin, developed sports facilities located at Mieczysława Karłowicza, Kazimierza Twardowskiego and Stanisława Ignacego Witkiewicza streets in Szczecin)”.

5.       5. A tender should be prepared according to the following guidelines. A tender will be rejected if the rules described in the following clauses of this paragraph are violated:

1)      each tenderer may submit only one tender,

2)      a tender must be prepared according to provisions of Par. 6-12 of this Chapter on the tender form forming Appendix No. 6 to this Notice to be downloaded from the webpage http://bip.um.szczecin.pl/chapter_50758.asp or http://zbilk.szczecin.pl/bip/?type=group&action=list&id=8. Both the tender and appendices should be prepared in the Polish language, legibly and signed by a person authorised to represent the Tenderer according to the form of representation defined in the court register or another document, relevant for a given organisational form of a Tenderer or a person authorised by an authorised person. The documents prepared in a foreign language are submitted with their translation into the Polish language.

3)      if a joint tender is submitted by several entities, these entities appoint a proxy to represent them under this procedure,

4)      any corrections to the tender must be made legibly and signed by a person authorised for representation,

5)      all pages should be numbered and bound in a permanent manner preventing the potential disarrangement of the tender documents.

6.       A tender should include:

1)       name, surname and address of tenderer or name or company and registered office if a tender is submitted by a legal or other entity (relevant entry to the proper register or an identity card),

2)       date of tender preparation,

3)       the offered monthly amount of the net lease fee for the Property forming the Lease Object as well as the offered, monthly amount of the net lease fee for the devices and appliances constituting equipment of the Lease Object

4)       the declaration that the tenderer complied with conditions defined in Chapter IX Par. 2 of this Notice,

5)       confirmation of knowledge and acceptance of the object, scope and conditions of the tender and confirmation of obligation to sign the Lease Agreement in reading defined in Appendix No. 6 hereto, to be downloaded from the webpage http://bip.um.szczecin.pl/chapter_50758.asp or http://zbilk.szczecin.pl/bip/?type=group&action=list&id=8;

6)       confirmation of knowledge and acceptance of obligations of the Lessee arising from this Notice and draft of the Lease Agreement without any objections, in particular where it is necessary to:

a)       make the Lease Object available free of charge to the Polish Football Association (hereunder referred to as “PZPN”) according to the content of Chapter VII Par. 12 (1) of this Notice,

b)       sub-let or sub-lease the Lease Object to the football clubs and associations the activity of which is associated with training of children and youth in football, and the local football clubs participating in tournaments on various level of football leagues, under equal and non-discriminatory rules to be determined by a Resolution of the Szczecin City Council,

c)       in the scope of the necessity, make the Lease Object available free of charge to the Municipality of Szczecin or entity appointed by it according to the provisions of Chapter VII Par. 4, 5, 6 and 7 hereof,

d)       provide free access to the property listed in Chapter IV  Par. 3 hereof, in the event that the Lessor uses the right referred to in the said decision,

7)       name of the owner and number of the bank account on which the tender guarantee is to be reimbursed in cases defined in the rules for the tender procedure,

8)       legible signature of a tenderer and date of drawing up the tender.

7.       The following documents should be attached to the tender (depending on the type of entity):

1)       a certificate issued by the head of a relevant tax office confirming that a tenderer is not in arrears in payment of any taxes and a certificate of a relevant territorial unit of the Social Insurance Institution or another document confirming that a tenderer is not in arrears in payment of any premiums for the social or health insurance issued not earlier than in 3 months before the expiry of the deadline for submission of tenders (the original or a duly certified copy),

2)       information from a bank or credit or savings union confirming the amount of assets owned by the tenderer or credit standing of the tenderer issued not earlier than in 3 months before the expiry of the deadline for the submission of tenders (the original or a duly certified copy),

3)       statement of the tenderer confirming that the tenderer is not in any arrears in payment of any local taxes and fees mentioned in the Act of 12 January 1991 on The Local Taxes and Fees (Journal of Laws of 2022, item 1452, as amended). The above-mentioned statement should be submitted in the original and according to Appendix No. 4 to this Notice,

4)       statement of the tenderer confirming its experience, according to provisions of Chapter IX Par. 2(2), (4), (5) of this Notice and prepared according to the content of Appendix No. 8 of this Notice,

5)       consent of the statutory authorities upon the lease of the above-mentioned property (if necessary) – refers to a legal person (the original or a duly certified copy),

6)       civil partnership agreement if a tender is submitted by partners to a civil partnership (the original or a duly certified copy),

7)       if a proxy is appointed, the original or a duly certified copy,

8)       a copy of a confirmation of payment of the tender guarantee,

9)       a list of personnel potential owned by the tenderer mentioned in Chapter IX, Par. 2(3) of the Notice and the information on professional qualifications, authorisations, experience and education necessary to perform the agreement properly and the information concerning the basis of having these persons prepared according to Appendix No. 7 to this Notice to be downloaded from the webpage http://bip.um.szczecin.pl/chapter_50758.asp or http://zbilk.szczecin.pl/bip/?type=group&action=list&id=8.

10)   a written obligation of a external entity, submitted in the original if the Tenderer uses the potential of an external entity mentioned in Par. 3 and 4 of Chapter IX of this Notice. The obligation should be prepared according to Appendix No. 5 to this Notice to be downloaded from the webpage http://bip.um.szczecin.pl/chapter_50758.asp or http://zbilk.szczecin.pl/bip/?type=group&action=list&id=8 .

8.      8. If a tender is submitted jointly, the documents mentioned in Par. 7(1), (3), (5) and (7) should be composed by each entity submitting the joint tender.

9.       9. Copies of documents concerning each of entities submitting a joint tender have to be duly certified by a person or persons authorised to represent these entities.

10.   10. Partners to a civil partnership are treated as entities submitting a joint tender and are subject to the rules defined in Par. 8-9 of this Chapter.

11.   11. If a tender is submitted jointly, the tenderers are jointly responsible for the performance of the agreement and payment of the tender guarantee and establishment of the securities required under the agreement,

12.   12. Instead of the documents mentioned in Par. 7(1), if the registered office or place of residence of a tenderer is situated outside the territory of the Republic of Poland, a document or documents issued in the country where a Tenderer’s registered office or place of residence is situated and confirming, respectively, that the Tenderer is not in any arrears in payment of taxes, fees, premiums for the social or health insurance and that the Tenderer signed an agreement with a relevant authority on the repayment of such liabilities with any potential interests or fines, and in particular, received an exemption, deferment of payment or consent for the payment of the due amounts or full suspension of execution of decision issued by the authority.

13.   13. The documents mentioned in Par. 12 should be issued not earlier than in 3 months before the deadline for submission of tenders.

14.   14. If the documents mentioned in Par. 12 were not issued in the country where the contractor’s registered office or place of residence is situated or where a place of residence of a person to whom such document refers is situated, these documents should be replaced with a document with an adequate statement of the contractor appointing a person or persons authorised for representation or a statement of a person whom the document concerns, submitted before a public notary or a judicial or administrative body or a  local government or commercial authority relevant for the registered office or place of residence of the contractor or the place of residence of such person.

15.   15. No tender documents forming shall be returned.

16.   16. The Tenderer shall pay the costs of tender.

17.   17. The period for which a tender is valid shall be 60 days. This period shall commence upon the expiry of the deadline for the submission of tenders.

 

XI  Supplementation of tender and results of supplementation; rejection of tender

1.      1. If tender considered by the Tender Committee as the most advantageous (presenting the highest amount of the lease fee) is incomplete and the documents or statements mentioned in Chapter X are not attached to it or the documents or statements are incomplete, include errors or arise doubts mentioned by the Tender Organiser, the Tender Organiser calls for their submission, supplementing or correcting or for submission of explanations in the appointed period under pain of rejection of a tender.

2.       2. If the Tenderer whose tender was considered by the Tender Committee as the most advantageous did not file the necessary power of attorney or submitted faulty powers of attorney, the Tender Organiser would call for their submission in the appointed period under pain of rejection of a tender.

3.       3. If the tenderer does not comply with the obligation mentioned in Par. 1 and 2 in the period appointed by the Tender Organiser, the tender will be rejected.

4.       4. If the situation mentioned in Par. 3 takes place or if the tenderer whose tender was considered the most advantageous fails or refuses to sign the Lease Agreement, the Tender Organiser shall examine the tender awarded with the highest score. Provisions of Par. 1, 2 and 3 are applied respectively.

5.       5. The tender is subject to rejection if:

1)      its content does not comply with this Notice,

2)      it was submitted by the Contractor not meeting the conditions for the participation in the procedure, as listed in Chapter IX Par. 2 hereof,

3)      the tender contains untrue information affecting the outcome of this procedure,

4)      the Tenderer has failed to pay the tender guarantee or has done so in an inappropriate manner, or has failed to maintain the tender guarantee continuously by the date of expiry of the tender.

 

 

XII  Criteria for evaluation and selection of the most advantageous tender 

 

The offered monthly amount of the lease fee (net) for the Property forming the Lease Object and the devices and appliances constituting the equipment of the Lease Object, listed in Appendix No. 2, shall be the criterion for evaluation and selection of the most advantageous tender. In determining the monthly lease fee for the equipment and devices offered by the Tenderer, the Organiser shall multiply the offered percentage rate by the total net value of the equipment and devices indicated in Appendix No. 2 hereto.

 

XIII  Amount of tender guarantee, the form, date and place of payment

 

1.         The tender guarantee in the amount of PLN 30,000.00 (in words: thirty thousand Polish zlotys) should be paid by 16.01.2023.

2.         The tender guarantee should be paid:

1)      in money – by bank transfer to the bank account of the Municipal Buildings and Housing Management Department in Szczecin No. 36 1020 4795 0000 9302 0292 7648 maintained by Bank PKO BP Branch in Szczecin marked as the tender guarantee – the written, open tender procedure under the name “Przetarg na dzierżawę nieruchomości gruntowych stanowiących własność  Gminy Miasto Szczecin zabudowanych obiektami sportowymi położonymi przy ulicach: Mieczysława Karłowicza, Kazimierza Twardowskiego i Stanisława Ignacego Witkiewicza  w Szczecinie (The tender for the lease of the land property owned by the Municipality of Szczecin, developed with sports buildings, situated at Mieczysława Karłowicza, Kazimierza Twardowskiego and Stanisława Ignacego Witkiewicza streets in Szczecin)”. The date of crediting the bank account of the Municipal Buildings and Housing Management Department in Szczecin is the date of the tender guarantee payment,

2)      in bank guarantees,

3)      in insurance guarantees.

3.         The tender guarantee may be paid in one or several forms.

4.         If the tender guarantee is paid in money, the tenderer paying the tender guarantee needs to be named specifically, e.g. in the title of bank transfer, especially if the tender guarantee is paid by a proxy/intermediary. The tender guarantee in the monetary form is paid in full to the bank account defined in Par. 2(1) above.

5.         If the tenderer pays the tender guarantee in the form of a bank guarantee or insurance guarantee:

1)       a guarantee document prepared in a foreign language should be submitted with translation into the Polish language,

2)       a guarantee document should name the Lessor – the Municipality of Szczecin - as a beneficiary of the guarantee,

3)       the guarantee should be subject to Polish law; all disputes concerning the guarantee shall be solved according to Polish law and subject to the jurisdiction of Polish courts.

6.       If the tenderer pays the tender guarantee in the form of bank or insurance guarantee, the contents of such guarantees must unanimously define at least:

1)       the obligation of a guarantor to pay the entire amount of the tender guarantee in the amount defined in Par. 1 irrevocably and unconditionally upon the first request of the Lessor (beneficiary of the guarantee – the Municipality of Szczecin) encompassing the statement that the circumstances mentioned in Par. 7 below occurred, excluding confirmation of these circumstances;

2)       the period of duration of the guarantee that may be shorter than the duration of binding tender.

7.         The tender guarantee is forfeited to the Municipality of Szczecin if:

1)   a tendered the tender of which was selected, fails to sign the agreement,

2)       refuses to sign the agreement under the conditions defined in the draft of the Lease Agreement,

3)       the agreement may not be signed for the reasons attributable to the tenderer,

4)       if the tenderer whose tender was selected and with whom the lease agreement was signed would not submit the notarial deeds mentioned in §13 of the draft version of the agreement within the deadline.

8.     Immediately after signing the Lease Agreement and the submission of the notarial deeds mentioned in §13 of the draft of the agreement, the Tender Organiser reimburses the tender guarantee to the entity whose tender was selected.

9.       The tender guarantees paid by other tenderers is reimbursed immediately in the period not longer than in 7 days from the tender completion.

10.    The tender guarantee is reimbursed immediately after the tender annulment or completion, but not later than in 7 days, respectively, from the day of:

1)         annulment of the tender procedure;

2)         completion of the tender procedure;

3)         invalidation of the tender procedure;

4)         completion of the tender procedure with a negative result.

11.    The Tender Organiser reimburses the tender guarantee immediately upon the request of the contractor who withdrawn the tender before the expiry of the period for submission of tenders.

 

XIV An explicit and implicit part of the tender procedure

1.      Opening of tenders and explicit part of the tender procedure shall take place on the day of  17.01.2023 at 12:30 in the registered office of the Municipal Buildings and Housing Management Department at ul. Mariacka 25 in Szczecin, room No. 14.

2.      The tender procedure may be held even if only one tender complying the requirements and condition announced in the tender notice is received.

3.      The tender procedure is considered as completed with a negative result if no tender is received under the written tender procedure or none of the tenderers did not offer the price higher than the minimum initial prices defined in Chapter VIII Par. 1 and 2 of this Notice and if the Tender Committee found that none of the tenders is compliant with the terms and conditions tender procedure.

4.      In the explicit part, the chairperson of the tender committee opens the tender procedure. The Tender Committee:

1)       announces the number of received tenders,

2)       opens the envelopes with tenders and announces the names (companies) and addresses of tenders and the information on the offered, monthly total amount of the lease fee for the Properties covered by the Lease Object and the monthly total amount of the lease fee for the entire equipment and all devices forming the fixtures and fittings of the Lease Object,

3)       notifies the tenderers of the date and place of the implicit part of the tender procedure,

4)       notifies the tenderers of the planned date of closing the tender procedure.

5.      The Tender Committee refuses the tenders:

1)       in cases listed in Chapter XI, Par. 5,

2)       submitted after the expiry of the appointed deadline,

3)       to which the proof of payment the tender guarantee is not attached,

4)       are illegible or their contents are doubtful.

6.      While selecting the most advantageous tender, the committee considered the criteria mentioned in Chapter XII of this Notice.

7.      In the implicit part of the tender procedure, the tender committee carries out the detailed analysis of tenders and selects the most advantageous of them or declares that none of the submitted tenders was selected.

8.      If the equivalent tenders are submitted, the tender committee arranges an additional oral procedure including only tenderers who submitted the equivalent tenders.

9.      The Committee notifies these tenderers about the date of the additional tender procedure and offers them the opportunity to acquaint themselves with the content of the equivalent.

10.  Under the additional oral tender procedure, the tenderers orally declare the subsequent increments over the highest total price offered in the equivalent tenders and concerning the Property forming the Lease Object and the entire equipment and all devices forming the fixtures and fittings of the Lease Object (at the same time declaring the division of such increment into the Property, on the one hand, and devices and appliances, on the other,  until there are no additional increments after the third call. The participants of tender procedure decide on the value of increments, but the increment may not be less than PLN 2000.00 (in words: two thousand Polish zlotys).

11.  The tender procedure is considered completed when the minutes are signed.

12.  The tenders are explicit and may be accessed upon the written request of a tendered submitted to the registered office of the Municipal Buildings and Housing Management Department in Szczecin at ul. Mariacka 25 from 8.00 a.m. to 3.00 p.m. The request must indicate an e-mail address to which the Tender Organiser should notify a tenderer on the date of review of the tenders in 3 days of receiving the request. 

 

XV Results and complaints

 

1.         The chairperson of the tender committee notifies all tenderers about the result of the tender procedure in the period not longer than 3 days from the day of closing the tender procedure.

2.         In 3 working days from the day of publication of the announcement on closing the tender procedure, a participant of the tender procedure may file to the Mayor of Szczecin, through the Director of the Municipal Buildings and Housing Management Department in Szczecin, a compliant concerning the course of the tender procedure. The Mayor considers the complaint in 7 working days from the day of receiving the complaint. All actions concerning the maintenance of the property are ceased until the complaint is considered.

3.         Following consideration of the complaint, the Mayor notifies the applicant, and the Director of the Municipal Buildings and Housing Management Department in Szczecin immediately displays the information on the result of the complaint consideration in the registered office for the period of 7 days.

4.         If the tender procedure is not contested or if the complaint is considered as groundless, the Director of the Municipal Buildings and Housing Management Department in Szczecin displays the information on the result of the tender procedure on the notice board in the registered office of the Municipal Buildings and Housing Management Department in Szczecin and on the webpages www.bip.um.szczecin.pl and http://zbilk.szczecin.pl/, and on the notice board in registered offices of the Municipality of Szczecin and the Municipal Buildings and Housing Management Department in Szczecin for the period of 7 days.

 

 

 

XVI  Lease Agreement

 

1.       The Lease Agreement is signed with the tenderer whose tender was selected by the Mayor of Szczecin or by a person authorised to act on his behalf.

2.       The Property Lease Agreement shall be concluded with the content compliant with the template constituting Appendix No. 10 hereto. The terms and conditions of the agreement are not negotiable.

3.       The Lease Object shall be handed over within 3 months from the date of signing the agreement.

4.       All parties interested in participating in the tender procedure are able to inspect the property forming the Lease Object.

 

XVI  Additional arrangements

 

The Organiser of the tender procedure reserves the right to:

1)       1) cancel the tender procedure until the day of opening the tenders without stating the reasons,

2)       2) cancel the terms and conditions of the tender procedure or to modify its terms and conditions at the latest in 3 days before the date for submission of tenders without stating the reasons,

3)       3) change the provisions of the Notice and its appendices no later than 3 days before the tender submission deadline, without stating the reason,

4)       4) close the tender procedure without consideration and without stating the reasons,

5)       5) annul the tender procedure, for important reasons, in 30 days from the date when the tender procedure was closed.

 

XVII Personal data

 

1.  Pursuant to Article 13 (1) and (2) of the GDPR, the Organiser notifies that:

1)      the Municipal Buildings and Housing Management Department in Szczecin is a controller of personal data of natural persons (entrepreneurs), natural persons representing an entity participating in this tender procedure and natural persons the data of which were named in the tender by the contactor,

2)      personal data shall be processed under Article 16, Par. 1(c) of GDPR for the purpose and in the scope concerning the conduct and resolve the procedure,

3)      the persons or entities, provided with the procedure documentation under the applicable provisions of law and the provisions of the aid contract concerning the Lease Object, shall be the recipients of personal data,

4)      personal data shall be stored for 4 years from the date of completing this procedure, and if the duration of the agreement exceeds 4 years, the period of storage encompasses the entire duration of the agreement;

5)      personal data shall be stored until archiving the documentation – in the scope defined in regulations on archiving;

6)      pursuant to Article 22 of GDPR, the decisions made about the personal data shall not be automated.

7)      a natural person being the data subject has the right to:

a)    under Article 15 of GDPR, access the above-mentioned personal data. If the performance of obligations mentioned in Article 15, Par. 1-3 of GDPR required the disproportionate effort, the contracting entity may request the data subject to provide the additional information to clarify the request, in particular, the name or date of the contract award procedure;

b)    under Article 16 of GDPR, rectify the above-mentioned personal data (the right to correct the personal data may not change the contract award procedure or the change of provisions of the agreement in scope not compliant with the Act and may not violate the integrity of the minutes and appendixes to it);

c)    under Article 18 of GDPR, request the controller to limit the processing of personal data. The request mentioned in Article 18(1) of GDPR does not limit the processing of personal data until completion of the contract award procedure. From the day of completing the contract award procedure, if the request mentioned in Article 18(1) of GDPR results in limitation of the processing of personal data given in the minutes and appendices to the minutes, the contracting entity does not publish the data included in the minutes and appendices to the minutes unless there are the premises mentioned in Article 18(2) of GDPR;

d)    file a complaint to the President of the Personal Data Protection Office when the processing of personal data violates the provisions of GDPR;

8)      a natural person who is the subject of data does not have the right to:

a)    the right to transfer personal data mentioned in Article 20 of GDPR;

under Article 21 of GDPR, the right to file an objection to the processing of personal data because the legal basis for the processing of personal data is given in Article 6(1)(c) of GDPR.