Tendering in Poland

INTRODUCTION

Company Setup

Tendering

Project Delivery

COMPANY SETUP

Can be Irish or Polish Registered to Partake in Public Tenders

Critical Issue – Utilising Company References & Resources

JV with Parent Company

New law requires only Letter of Permission

VAT Number

Possible to Operate without

Easier to Operate with

o Sub-Consultants charge VAT

Accountants can advise on process

COMPANY DOCUMENTATION

Certificate of Incorporation

CRO Company Printout

Company Memorandum & Articles of Association

Tax Clearance Certificate

Declaration on Oath

Directors Eligibility Letters

Tax Clearance Certificate Letter

Change of Registered Name / Address Certificates – (If Relevant)

PREPARATION OF COMPANY DOCUMENTS

Stamped and signed by a Solicitor

Copies of the original must be stamped as True Copies of the Original

Signed by a Solicitor

Company statements should be printed on company headed paper and signed by two directors

Apostilled in the department of Foreign Affairs Except Company Statements

DoF will not Apostille any document that does not have the Solicitors Signature on it

Solicitors stamp on its own will not suffice

All documents must have Polish translation

Copies of all documents are submitted in tenders originals, with solicitor signatures and Apostilles, must be available for inspection

PROJECT SPECIFIC TENDER DOCUMENTS

Documents to be in Place

Insurance Certificates

Bank Reference Letter confirming credit amount required by tender

Power of Attorney Letter

Signed by two directors

Tender Specific

Project Reference Letters

List of Licensed (Chartered) personnel proposed for specific duties required by tender

PROJECT REFERENCE LETTERS

Reference Projects - completed within the last 3 years

Signed Client Reference Letter

As detailed as possible

In general references should include:

Dates – to the nearest month of completion of each stage of the project

Measurements – Areas of Buildings, Lengths of Roads, Capacity of Treatment Plants etc

Detailed list of services carried out by company

Brief Description of project

LICENCED versus CHARTERED ENGINEERS

Possible to obtain temporary Polish Licences for Irish Chartered Engineers

‘Transborder’ Licence

o Project & Region Specific

Documents Required

Copy of last page of Passport

Copy of Irish Chartership Certificate

Copies of Educational Qualification Certificates

o Masters Degree makes process easier

Company letter confirming personnel employment (Signed by one Director)

Power of Attorney appointing proxy

Statement of Workload

Application to relevant chamber

DIFFERENCES IN TENDERING; Ireland v. Poland

Single stage process (generally)

Deposit’s required for each tender and vary in size

Tender Selection Criteria is usually awarded on 100% price

Generally there are only minimum requirement standards with no quality marking

Preparation of bids is a lot less cumbersome & time consuming

Initial tender ranking generally available on the day of submission

Protest Period

Opportunity to check other companies documentation for errors, and omissions

o Both Technical & Legal

THINGS TO WATCH

No standard contract

Legal Advice Recommended

Read in detail

Penalties

o Check the rate as they will be applied, by law

Risk Transfer

Project Timescales – Sometimes Unachievable

o When likely to be appointed

o Extensions due to delays outside your control are not always granted

Project Documentation provided may be in a different format than expected / used to

Change of Scope – Doesn't Happen

PROJECT DELIVERY (1)

Map for Design Purposes Legal Document

Confirm Design Guidelines & Conditions Client, Client Technical Departments, Utility Companies,

ZUD

House owner Consents etc

Permits Required & timeline EIS, Planning, Construction

Design to be Checked & Approved by ‘Licenced’ Engineer

PROJECT DELIVERY (2)

Paper Trail

Hard copy not email

Technical Translations

no ambiguity

Format of documents,

A4 booklets

Level of detail required

Logistics of delivery

BEST OF LUCK

Happy to answer questions

Assist where we can

Wish everyone best of luck with future ventures