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  • Być wiernym Ojczyźnie mej, Rzeczpospolitej Polskiej
  • 29 czerwca 2017 (ostatnia aktualizacja: 30 czerwca 2017)

     

     

    Die deutsche Version  befindet sich hier 

     

    Concerning the Commencement of a “Market Dialogue” Regarding the Property at Unter den Linden 70/72, Berlin, Germany, as Part of Preparations to Complete a Public-Private Partnership Project

     

    The Ministry of Foreign Affairs of the Republic of Poland hereby invites all interested parties to participate in a “market dialogue” for the purpose of collecting and analysing all relevant information, inclusive of the zoning plan for the use of a property owned by the Polish State Treasury in Berlin, Germany, at Unter den Linden 70/72.

     

    The intent of the Ministry of Foreign Affairs is to complete an investment in the years 2017-2021[1], with the investment in question comprising the construction of a new Embassy facility for the Republic of Poland in Berlin and of an adjacent commercial premises (commercial building), to be developed in a public-private partnership format, in conformity to rules as listed below.

     

    The purpose of the “market dialogue” shall be to research the market of potential partners and financial institutions vital to the process of specifying the vision and condition of potential investment completion options, and of preparing improved-quality documentation indispensable to the Private Partner selection process. Binding offers will not be filed during the “market dialogue” stage.

     

    To the purpose of securing the interest of the aforementioned market research participants, all parties will be obliged to sign a confidentiality agreement concerning sensitive information (sample enclosed).

     

    All attachments to the Announcement will be recognised as its integral part.

     

    I. Basic Information:

     

    1. The Republic of Poland owns the property located in Berlin, Germany, at Unter den Linden 70/72 (hereinafter referred to as “the Property”), Berlin Mitte (city centre), near the Brandenburg Gate. As per project documentation, the entire property area totals 4,225 m2 (see attached Site Plan – Lageplan). To the north and east, the property flanks sites used by the Bundestag; to the west, office and commercial premises.
    2. Until 2016, the property housed the former seat of the Embassy of the Republic in Poland. For reasons of poor technical condition, the building was excluded from operational use in 1999. In 2016, demolition works down to level 0.0 were finalised. One underground parking level occupying +/- half of the site along Unter den Linden Street remains to be demolished. The property is currently undeveloped.
    3. The Ministry of Foreign Affairs is planning to develop the site by building a modern facility meeting all requirements stipulated under local law, and meeting the needs of the Embassy of the Republic in Poland in Berlin as well as other functions serving the Private Partner’s purposes.

    Under the development conditions pending for the formerly planned Embassy investment, the site can be developed with new construction up to 16,900 m2 in maximum usable area (GFZ)*. The previously planned, yet not completed Embassy building, was to comprise of five above-ground storeys and a single underground garage storey. According to information provided by the Senate of Berlin, there is an option of developing an additional underground (garage) storey.

     

    *The GFZ (Geschossflächenzahl) or FAR (floor area ratio) determines the allowable area (zulässige Geschossfläche) of all storeys of a given building on a specific construction site. In this case, a FAR of 4 has been adopted in respective construction plans. The maximum area of all storeys of a building on a specific site is calculated in conformity to the following formula: site area x FAR = allowable total area of all storeys (zulässige Gesamt-Geschossfläche).

                   The total area of all storeys concerns full storeys (Vollgeschosse), i.e. it does not include e.g. balconies.

    The FAR is used in Germany i.a. for purposes of determining the allowable built-up area as a density indicator (städtebauliche Dichte) for a given urban area.

     

    1. To determine the current development conditions for the site, the relevant German authorities shall be applied to directly: Senatsverwaltung für Stadtentwicklung und Umwelt Brueckenstrasse 6, 10179 Berlin.
    2. The Ministry intends to secure a seat for the Embassy of the Republic of Poland on the site in question, with a facility of approximately 4,500 m2 in area, and duly developed to meet the needs of a foreign diplomatic outpost employing approximately 70 individuals, and to meet requirements for such facilities, in terms of safety and security, representative functions, and consular activities in particular.
    3. According to data available to the Ministry, minimum office space rental rates in the neighbourhood range from approximately EUR 18 to 20 per m2, reaching approximately EUR 25/m2 of gross leasable area for local commercial space.
    4. The German Ministry of Foreign Affairs has confirmed the possibility of developing diplomatic as well as commercial space functions on the site.

     

    II. Tentative Expected Scope of Co-operating with the Private Partner and Tentative Conditions of Completing the Public-Private Partnership Investment Project

     

    1. The Ministry will expect the Private Partner to develop the property with commercial space, with a dedicated part of the building duly separated for purposes of the seat of the Embassy of the Republic of Poland in Berlin, and with all premises conforming to requirements as listed under the functionality and use programme. Under the letter of the law, all locations of property sections, all buildings, and all associated grounds intended for the use of the diplomatic outpost shall be properly identifiable, distinguishable, and spatially separated from the commercial space. For purposes of this dialogue, the Ministry has drafted a tentative functionality and use programme version reflecting all key parameters and functionalities required for the Polish diplomatic mission in Berlin.
    2. The Private Partner will be responsible for funding the project, and for completing – or commissioning the completion of – construction works to erect the entire building, comprising the functionally separate public and commercial sections, or construction works to erect two separate buildings. As the vision of the ultimate location of the Embassy building within the property has not been finalised at this stage, an option exists to suggest said location as part of this dialogue. Obligatory conditions will include the architectural separation of the Embassy section from commercial premises as discussed under clause a) hereto.
    3. The Private Partner will manage the building erected under the agreement as well as land forming part of the property. During the operational stage, the Private Partner will act as the administrator of the developed commercial floor area on the property, and be fully liable for its maintenance to prevent deterioration. With regard to the public section of the property, the Private Partner will be responsible for the due and proper technical maintenance of the building, installations, and appliances (servicing, repairs, and renovation) throughout the term of the agreement. The Embassy of the Republic of Poland in Berlin will act as the administrator of the public section of the property.
    1. The scope of construction works will comprise the design, construction, and handover of the facility for use. For purposes of the construction procedure, the Private Partner will act as the investor. The Private Partner’s duties will include the procedure of recruiting a prime contractor or subcontractor, investor supervision, partial (interim) acceptance procedures, and final construction works acceptance. Under rules specified in the Public-Private Partnership Agreement, the Public Partner will have influence over the investment process (approving the construction and execution designs, preliminary acceptance of partial and/or final works upon completion).
    2. The State Treasury’s project participation will involve the temporary handover of the property to the Private Partner for use under a specific legal title.
    3. The Private Partner will be remunerated by the exclusive right to use the commercial property, including the collection of profits throughout the term as determined in the Agreement. The Private Partner’s profits will originate from e.g. rent payable by tenants, thus the Agreement will be entered into for a sufficient period of time, allowing the Private Partner to recover equity investment, cover all current expenses, and generate a reasonable rate of return. The Private Partner will have no right to sell any part of the property or encumber it with material right limitations without the Public Partner’s former consent.
    4. The Private Partner will carry the construction and demand risk of the investment. The Private Partner will not receive any guarantee from the Public Partner concerning any specific rate of return on the investment.
    5. The Private Partner will not own the commercial section of the facility. Throughout the term of the agreement, the Private Partner will be entitled to use the property under subsidiary rights (such as rental, lease, or usage rights). Ownership rights to the property will at all times remain with the Polish State Treasury. Upon the close of the agreement, the Private Partner will hand the commercial section of the facility over to the Public Partner.
    6. Polish law will apply to the Public-Private Partnership agreement, with stipulations of the Public-Private Partnership Law applicable to the agreement in particular. German law will apply to investment procedures (i.a. the Construction Law for Berlin – Bauordnung für Berlin of September 29th 2005, as amended on January 1st 2017). Furthermore, respective administrative provisions of German law concerning environmental, acoustic, waste management, and related matters will apply.

     

    III. Manner and Form of Communication

     

    All entities interested in participating in the dialogue are requested to submit a letter expressing interest (“Expression of Interest”) in the partnership, a description of the potential partner (inclusive of previous achievements, in the public-private partnership project field in particular), the overall vision of investment project completion assumptions, any additional conditions expected, and a completed questionnaire.

     

    The questionnaire constitutes an exclusive tool of testing (researching) the market of entities interested in delivering the Project.

     

    The responses we are requesting will not be perceived as your Company’s ultimate position, but rather as trade information, all confidentiality rules pending, and will be used for the exclusive purpose of fine-tuning the Project structure, its implementation and due completion.

     

    A representative of the Public Partner for purposes of the Project, the Ministry of Foreign Affairs, is open to suggestions and ready to discuss the scope and formula of the Project completion. All related correspondence will be sent in the English or Polish languages to the following address: PPPBerlin@msz.gov.pl.

     

    The Ministry of Foreign Affairs representatives duly authorised to represent the Ministry for purposes of this dialogue include individuals as listed below:

     

    1. Mr. Przemysław Czyż, Director, Infrastructure Bureau
    2. Mr. Jan Czarniecki, Deputy Director, Infrastructure Bureau

     

    Legal Disclaimer

     

    This Announcement is not an invitation to tender under the letter of the law, and as such does not give rise to legal liabilities, such as an obligation to enter into an agreement. The exclusive purpose of engaging in this “market dialogue” has been duly described in the content of the Announcement. The Ministry of Foreign Affairs hereby reserves the right to amend and/or further describe any content hereof for purposes of initiating and/or handling the procedure of selecting a Private Partner in the future. Actual dialogue partners will be selected against a detailed and professional analysis of their previous experience.

     

    Responding to this Announcement or any potential talks and/or interviews shall not give rise to any pre-emption rights in the course of the Private Partner selection procedure, or any other prerogatives or preferential treatment. The fact of having submitted questionnaire responses shall not give rise to any claims against the Ministry of Foreign Affairs. By signing the responses and questionnaire, the entity shall declare acknowledgement of all conditions as listed with no objection.

     

    [1] Planned investment completion term, with potential extension by up to 6 months.

     

     

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