1. Submission of a letter of intent by an investor
An official confirmation of participating in procedures aimed at issuing a permit for the investor.
The letter of intent should include the following information:
- branch of industry and basic goods to be manufactured in the area of LSEZ (in accordance with the 2008 Polish Classification of Goods and Services),
- amount of planned investment outlays,
- planned dates of commencing and completing the investment and starting business activity,
- forecasted number of new jobs to be created,
- area of land necessary for the business undertaking,
- demand for technical utilities (construction site and target),
- influence of the investment on the environment.
2. Analysis of submitted offer and/or negotiations concerning real property acquisition
3. Press statement on negotiations/tender
After the submission of a letter of intent by an investor and making preliminary arrangements, the zone publishes in the national press an invitation to tender (if the entrepreneur applies for a permit and real property purchase) or an invitation to negotiations (if the entrepreneur applies only for a permit and has a legal title to land).
The invitation includes the following information:
- name and registered office of the zone's managing body and the zone's name,
- method of obtaining the terms of reference for a tender or negotiations as well as their price,
- place and date of submitting offers, which cannot be earlier than 21 days from the publication date of invitation,
- tender opening date,
- in the case of a tender, the invitation includes also information about real property to be used for the business enterprise in the zone's area, its starting price and amount of bid security.
4. Acquisition of the Terms of Reference for a Tender/Negotiations
Participation in a tender or negotiations is conditional upon the acquisition of the Terms of Reference for a Tender or the Terms of Reference for Negotiations.
The Terms of Reference include:
- business enterprise assessment criteria,
- the Rules of the Zone,
- method of tender offer preparation,
- tender offer validity,
- term and place of tender offer submission and opening.
Additionally, in the case of a tender, the Terms of Reference include:
- real property starting price,
- term, form and amount of bid security,
- real property description,
- terms and conditions of making real property available.
5. Submission of bid security
In the case of a tender, it is required to submit bid security whose amount is specified in the Terms of Reference. Bid security is returned upon the completion of the procedure.
6. Tender offer submission
The tender offer must be in Polish, be consistent with the Terms of Reference and should include:
- completed documents, constituting appendices to the Terms of Reference,
- current Articles of Association of a company which is to operate in the zone and an excerpt from the National Court Register or the register of business activity,
- description of the planned business undertaking,
- conditions of the undertaking - business plan,
- in the case of a joint tender, the offered real property acquisition price and a copy of a proof of bid security submission,
- offeror's signature,
- term of tender offer submission determined by the managing body, not shorter than 21 days from the date of invitation to tender or negotiations.
7. Tender offer opening and the works of the Tender/Negotiations Committee
Works of the Tender or Negotiations Committee.
The Tender Committee or the Negotiations Committee opens, assesses and qualifies submitted tender offers within the deadline specified in the Terms of Reference.
Tender offers are rejected if they do not meet the requirements defined in the Terms of Reference or the Ordinance of the Minister of Economy and Labour of November 15th, 2004 on Tenders and Negotiations, as well as on the Criteria of Evaluating Intended Business Undertakings to Be Commenced by Entrepreneurs in the Area of the Legnica Special Economic Zone.
The following aspects are subject to evaluation:
- compliance of the undertaking with the zone's development targets,
- competitiveness in relation to other undertakings present in the zone's area and its surroundings,
- value and conditions of the undertaking, outlays and planned employment,
- participation in business affiliations, including corporate affiliations, with enterprises operating in the zone's area and its surroundings,
- participation in the creation and modernisation of the zone's business infrastructure,
- application of innovative technologies,
- influence of applied technologies on the natural environment,
- in the case of a tender, price and conditions of real property acquisition.
The winning offer is the one which is awarded the highest number by the Committee.
Upon the completion of the tender procedure, the parties to the procedure sign a Report on Tender/Negotiations Findings.
8. Acceptance of the tender/negotiations by the Management Board and Supervisory Board
9. Issue of a permit and/or sale of real property, signing of a notarial deed
The entire procedure lasts c. 60 days.
