TENDER DOCUMENTATION

Transcription

1 Please note that this document seeks to translate into the English language the original tender documentation published in the Polish language. Whilst every effort has been made to do so as accurately as possible, you will appreciate that some Polish words or expressions may not translate easily into a precise equivalent in the English language. The English equivalent may not have exactly the same meaning. In case of doubt, the Polish language version is the authoritative text and shall prevail in the event of any inconsistency TENDER DOCUMENTATION for two exclusive nationwide frequency licences in band of MHz / MHz to be used in a public telecommunication network. I hereby approve the President of UKE Warsaw, on 13 th of June 2008

2 SECTION I... 4 THE SUBJECT OF THE TENDER... 4 SECTION II... 5 THE TENDER PROCEDURE. THE CONDITIONS OF PARTICIPATION IN THE TENDER The tender procedure Invitation to tender Opinion of the President of the Office for Competition and Consumer Protection Announcement of the tender results Contact persons appointed by the President of UKE for all... 5 matters connected with the tender: The conditions of participation in the tender Purchasing the tender documentation Clarifications of the content of the tender documentation Place and date of submitting the offers The tender guarantee... 7 SECTION III... 9 REQUIREMENTS CONCERNING THE OFFER Instructions for preparing the offer General requirements The form of the offer The content of the offer SECTION IV OFFER EVALUATION PROCEDURE AND CRITERIA Offer evaluation procedure Description of the offer evaluation method in Stage II Appendix Offer Template Tender documentation 2

3 TENDER DOCUMENTATION regarding a tender for two nationwide frequency licences, each covering 25 duplex radio channels (a duplex channel is a two-frequency channel made of two one-frequency channels of bandwidth of 200 khz, comprising a logical entity) with duplex spacing of 45 MHz; within the band of MHz and MHz, to be used in the public telecommunication network. The tender is carried out on the following legal basis: a) Under the Act of 16 July Telecommunications Law (Journal of Laws 171, item 1800, as amended), hereinafter referred to as the Telecommunications Law. b) Ordinance of the Minister of Infrastructure of 15 February 2008 on the tender and beauty contest for general exclusive frequency or orbital resources licence (Journal of Laws No. 30, item 179) hereinafter referred to as the Ordinance ; c) the results of the public consultations made public on 12 June Tender documentation 3

4 SECTION I THE SUBJECT OF THE TENDER The subject of the tender covers two nationwide frequency licences, each covering 25 duplex radio channels (a duplex channel is a two-frequency channel made of two one-frequency channels, each of bandwidth of 200 khz, comprising a logical entity) with duplex spacing of 45 MHz; within the band of MHz and MHz, to be used in a public telecommunication network. Each exclusive licence will authorise use of the licensed frequencies until 31 December Tender documentation 4

5 SECTION II THE TENDER PROCEDURE. THE CONDITIONS OF PARTICIPATION IN THE TENDER. 1. The tender procedure. The tender is carried out by the Tender Committee appointed by a regulation of the President of the Office of Electronic Communications (hereinafter referred as to the President of UKE ) Invitation to tender Pursuant to Section 2 of the Regulation, the invitation to tender was published on «23th of June 2008» in the nation-wide journal "Rzeczpospolita" and in the Bulletin of Public Information of the Office of Electronic Communications. The invitation specified the subject of the tendering procedure, its scope, conditions for participation and bid evaluation criteria Opinion of the President of the Office for Competition and Consumer Protection Under the tender, the President of UKE, pursuant to article 118a paragraph 4 of the Telecommunications Law, the President of UKE shall consult the President of the Office for Competition and Consumer Protection (hereinafter referred as to the President of UOKiK) on the assurance of conditions for competition The opinion of the President of UOKiK on the assurance of conditions for competition shall be taken into account as one of the elements of the evaluation of the assurance of conditions for competition Announcement of the tender results The announcement of the tender results shall be made on the notice board in the UKE premises in Warsaw, at ul. Kasprzaka 18/20 and in the Public Information Bulletin of UKE The announcement of the tender results shall close the tender. 2. Contact persons appointed by the President of UKE for all matters connected with the tender: 1) Wiktor Sęga Director of the Department of Frequency Resources Management of UKE Tender documentation 5

6 phone (0-22) fax: (0-22) ) Mariusz Busiło Deputy Director of the Department of Frequency Resources Management of UKE phone (0-22) fax: (0-22) The conditions of participation in the tender 3.1. Conditions of participation in the tender are: 1) purchasing the tender documentation 2) submitting the offer to the place, as well as in the time and form specified in the invitation to tender; 3) payment of a tender guarantee by the Tenderer on the bank account of UKE, in the amount, on the date and in a way specified in the invitation to tender, for each offer placed by the Tenderer; 4) providing information on the number of bank account, on which the return of the tender guarantee is to be made and the contact address Purchasing the tender documentation The tender documentation can be purchased by any entity. Regardless of the number of offers placed by the Tenderer, only one tender documentation may be purchased Printed tender documentation may be collected in the headquarters of UKE in Warsaw, at ul. Kasprzaka 18/20, in the Secretariat of the Department of Frequency Resources Management - room No 807, on working days, starting from June 23 rd ending at September 23 rd 2008, between a.m. and 2.00 p.m., upon presentation of a receipt confirming the payment of fee for the tender documentation The electronic version of the tender documentation will be available on UKE website: Evidence of purchasing the tender documentation is the receipt for the payment of the amount referred to in clause The charge for the tender documentation shall constitute State Budget revenue The charge for purchasing the tender documentation shall be PLN (say: thirty-five zlotys) The charge must be paid on the bank account of UKE: Tender documentation 6

7 NBP O/O Warszawa with the title: Opłata za dokumentację przetargową, zakres MHz / MHz ( Payment for the tender documentation, band of MHz / MHz ) 3.3. Clarifications of the content of the tender documentation Not later than 21 days before the deadline for submitting offers, the entity which purchased a tender documentation may apply in writing to the President of UKE for clarifications to the content of the tender documentation The clarifications to the content of the tender documentation, as well as the content of the application without providing the data of the applicant shall be published immediately in the Bulletin of Public Information of UKE. 3.4 Place and date of submitting the offers The deadline for submitting the offers is the September 23 rd,2008, at 3 p.m The offers are to be placed on working days from 9.00 a.m. to 3 p.m. to the Main Chancellery of UKE, at ul. Kasprzaka 18/ The person submitting the offer shall obtain in the Main Chancellery of UKE a receipt with the following content: Pokwitowanie złożenia oferty w przetargu na rezerwację częstotliwości z zakresu MHz/ MHz (A receipt confirming the payment of tender guarantee payment for exclusive frequency licences in the band of MHz / MHz)... (name of Tenderer) placed an offer in place specified in the announcement. Date and time of placing the offer: Person accepting the offer: " The Tenderer can make changes to the offer before the deadline for submitting offers by withdrawing it and submitting a new offer The tender guarantee For each offer placed, the Tenderer is obliged to pay a tender guarantee in the amount of: PLN 200,000 (say: two hundred thousand zlotys) The Tenderer is obliged to pay a tender guarantee before submitting the offer. A copy of the receipt for the payment of the tender guarantee shall be attached to the offer, in the place specified in the template of Appendix to this documentation The tender guarantee shall be paid on the bank account of UKE: Tender documentation 7

8 BANK PEKAO S.A O/Warszawa ul. Nowogrodzka 50 Bank account no with the title: Wadium w przetargu na rezerwację częstotliwości z zakresu MHz / MHz. (The tender guarantee for exclusive frequency licence in the band of MHz / MHz) The tender guarantee paid by the winner shall set off from the payment for the Licence for the frequencies The return of the tender guarantee shall be made in following cases: 1) if the offer is returned without opening within 7 working days from the date of returning the offer; 2) if the Tenderer fulfils all conditions of participation in the tender but does not win within 14 days from the date of delivery of the decision on the Licence for the frequencies to the winner; 3) if the Tenderer does not fulfil the conditions of participation in the tender within 14 days from the date of announcement of the tender results or from the date the tender is deemed unresolved; 4) annulment of the tender immediately after the date of delivery of the decision on annulment issued by the President of UKE as the second instance. Tender documentation 8

9 SECTION III REQUIREMENTS CONCERNING THE OFFER 1. Instructions for preparing the offer 1.1. General requirements The offer must be prepared strictly in line with the requirements specified in the tender documentation The subject of the offer is exclusive nationwide frequency licence covering 25 duplex radio channels (a duplex channel is a two-frequency channel made of two one-frequency channels each of bandwidth of 200 khz, comprising a logical entity) with duplex spacing of 45 MHz; within the band of MHz and MHz, to be used in a public telecommunication network The Tenderer can place one or two offers. Each offer shall be considered separately. Each offer must pertain to one frequency licence for 25 duplex radio channels within the band of MHz and MHz The Tenderer shall assign a consecutive number to each offer: 1 or 2, depending on how many offers are placed The offer shall be submitted according to the Offer template in Appendix to this documentation The Tenderer must include in the offer documents required by the tender documentation In case part of the offer template is not applicable in a given situation, the Tenderer must fill in the document by writing the words: nie dotyczy (not applicable) in relevant fields. These words cannot be written in Part I of the offer in fields concerning commitments undertaken by the Tenderer It is not allowed to introduce any changes to the content of the offer template, i.e. to make any shortenings, omissions, crossings-out, corrections or additions, except for the spaces intended to be filled in The offer must be signed by the persons authorized to represent the Tenderer in the present tender and to incur financial liabilities on behalf of the Tenderer. Offer is deemed signed if persons authorized to represent the Tenderer place their signature in the place indicated in the Appendix If the document describing the Tenderer s legal status or the power of attorney attached to the offer indicate that several persons are jointly authorized to represent the Tenderer, the offer and all Tenderer s representations included in the offer must be signed by all these persons Authorization to represent the Tenderer in the present tender and to incur financial liabilities on his behalf, in particular to sign the offer, must be directly indicated in the documents attached to the offer. It means that if the authorization does not result directly from the document describing the legal status of the Tenderer (the excerpt from the relevant register or a copy of a Tender documentation 9

10 certification of entry in the Register of Business Entities), the Tenderer must attach to the offer the original of the power of attorney or its copy authenticated by one of the following persons: a) notary public, b) the person(s) granting the power of attorney, c) an attorney or a legal adviser, if he authenticates the copy of the power of attorney granted to him The power of attorney and its copy must be duly paid. A receipt for payment of the stamp duty must be attached to the power of attorney and to its copy, or else a competent tax office shall be informed on the failure to pay the stamp duty which is due The documents which are part of the offer, including the documents presented in original, shall not be returned to the Tenderer The Tenderer shall cover all costs connected with preparation and submitting of the offer The form of the offer The offer must be legible, drawn up in the Polish language. Should the required document be drawn up in the foreign language, the Tenderer shall submit the document with its translation into Polish made by a sworn translator. The possibility of occurrence of individual words and phrases in foreign language in the offer is allowed. Additional documents submitted with the offer (not required by this documentation) drawn up in a foreign language without translation into Polish will not be taken into account during offer evaluation The offer must be made in writing The offer must be submitted in one original.with three copies of the original offer (numbered from 1 to 3) and described as follows: KOPIA nr... (copy N o ) The title page of each copy of the original offer must bear the following statement: I hereby certify the documents included in copy no. (say: ) on pages from (say: ) to (say: ) to be a fair and true copy of the originals signed by the Tenderer or the person(s) authorized to sign the offer in accordance with clauses and The offer shall consist of sections described in the documentation The offer and its copies must be submitted jointly in one, closed and sealed envelope with a note: Tender documentation 10

11 Urząd Komunikacji Elektronicznej ul. Kasprzaka 18/ Warszawa Przetarg na rezerwację częstotliwości z zakresu MHz/ MHz. (Tender for exclusive frequency licence in the band of MHz / MHz) The sheets (pages) of the offer and its copies must be stitched together or bound All pages of the offer filled with writing must be numbered continually in each separate volume with Arabic numerals. This requirement of continual page numbering applies also to the documents attached to the offer Any corrections or changes to the offer must be initialled by the Tenderer or the person(s) authorized to sign the offer in accordance with clauses and The documents constituting a part of the offer must have the form of originals or copies authenticated by the Tenderer or by the person(s) signing the offer in line with clauses and The content of the offer The offer should include documents and information specified in the template offer in Appendix to this documentation. Tender documentation 11

12 SECTION IV OFFER EVALUATION PROCEDURE AND CRITERIA 1. Offer evaluation procedure Offers submitted by Tenderers shall be examined in two stages Stage I of the offer examination consists in verification whether: 1) the Tenderer has purchased the tender documentation, i.e. paid the charge as stipulated in 3.2 in Section II hereof; 2) the offer has been submitted in the place, form and time specified in the invitation to tender. Any offer placed after the deadline specified in Section II clause hereof shall be returned unopened; 3) the offer meets the requirements specified in the tender documentation; 4) the tender guarantee has been paid in the amount, form and time specified in the invitation to tender and in the tender documentation Stage II of the offer examination consists in evaluation of the following criteria: 1) the amount declared by the Tenderer; 2) assurance of conditions for competition by the Tenderer; 3) financial credibility of the Tenderer; 4) obligations undertaken in connection with the tender. 2. Description of the offer evaluation method in Stage II The Tender Committee shall evaluate the offers using points according to each of the criteria. The most important criterion of the offer evaluation in this tender shall be the criterion of assurance of conditions for competition. Evaluation of the offers according to the criterion specified in clauses 2.1 and 2.2. shall be made based on formulas presented in the said clauses. Evaluation of the offers according to the criteria specified in Clauses shall be performed by means of awarding points according to the scoring provided in these Clauses. The total score for the offer shall be the total amount of all points awarded to this offer for each of the criteria. Tender documentation 12

13 2.1. Evaluation of the offer according to the criterion of the declared amount The evaluation of the offers according to the criterion of the declared amount specified in article 118a paragraph 1 item 2) of the Telecommunication Law shall be based on the following formula: P1 = 200 x C/Cm Where: P1 number of points awarded for this criterion. C = the amount declared in the evaluated offer. Cm = maximum amount declared in the tender. P1 value shall be calculated to three decimal points, with values 5 rounded down The maximum number of points which can be obtained for this criterion is 200 (say: two hundred) Evaluation according to the criterion of the assurance of conditions for competition Impact on assurance of conditions for competition means preventing the arising or strengthening of a significant market position, including collective significant position on the market of services in public telecommunication networks, and in the case of entities not related to the market assurance of effective competition on the market The influence on the conditions for competition shall be evaluated on the basis of: 1) total spectrum resources measured in MHz in the bands of MHz, MHz and MHz, MHz and MHz, MHz and MHz being at the disposal of the Tenderer, members of the Tenderer s capital group and/or their shareholders, based on nationwide exclusive frequency licence ; 2) opinion of the President of the Office for Competition and Consumer Protection expressed pursuant to article 118a paragraph 4 of the Telecommunications Law, taking into account in particular the Tender documentation 13

14 information and documents contained in Section 4 of the offer template in Appendix 1 to this tender documentation, submitted by the Tenderer The evaluation of offers according to the criterion of impact on the conditions for competition specified in article 118a paragraph 1 item 1) of the Telecommunication Law shall be based on the following formula: P2 = 150x [(1+K/Kmax) x (1-U/76)] Where: P2 number of points awarded for this criterion. K max the highest number of points awarded by the Tender Committee on the basis of the opinion of the President of UOKiK. U - total spectrum resources measured in MHz in the bands of MHz, MHz and MHz, MHz and MHz, MHz and MHz being at the disposal of the Tenderer, members of the Tenderer s capital group and/or their shareholders, based on nationwide exclusive frequency licence. 76 total spectrum in MHz, availability: in the band of MHz 2 x 2,5 MHz = 5 MHz in the bands of MHz and MHz 2 x 4,5 MHz = 9 MHz in the bands of MHz and MHz 2 x 6 MHz = 12 MHz in the bands of MHz and MHz 2 x 25 MHz = 50 MHz K - the number of points awarded to the offer by the Tender Committee on the basis of the opinion of the President of UOKiK: 0 negative impact on the development of competition on the market of services in public telecommunication networks, 45 neutral impact on the development of competition on the market of services in public telecommunication networks, 50 positive impact on the development of competition on the market of services in public telecommunication networks. P2 value shall be calculated to three decimal points, with values 5 rounded down The maximum number of points which can be obtained for this criterion is 300 (say: three hundred). Tender documentation 14

15 2.3. Evaluation of the offer according to the criterion of the Tenderer s financial credibility Financial credibility is understood as Tenderer s fulfilment of the obligations to pay charges for the rights to frequencies or orbital resources, as well as the obligations to pay taxes, charges and fees for social and health insurance. The evaluation of offers according to this criterion shall be performed on the basis of information possessed by the President of UKE, as well as certificates specified in Section 3 in Appendix to this tender documentation, i.e. Offer template The evaluation of the offers according to the criterion of the Tenderer s financial credibility shall be made by adding up points awarded for: 1) fulfilment of the obligations to pay charges for the rights to frequencies or orbital resources and the obligations to pay taxes, charges and fees for social and health insurance: a) an entity which is not in default of payments for the rights to frequencies or orbital resources and is not in default of payments of taxes, charges and fees for social and health insurance: 3 points; b) an entity which is in default of payments for the rights to frequencies or orbital resources and is not in default of payments of taxes, charges and fees for social and health insurance: minus 3 points; 2) fulfilment of the obligations towards the State Budget to pay the amount declared in the tender for the License for the frequencies or orbital resources within the last 3 years before the present tender: a) an entity which, within the last 3 years preceding the present tender, placed at least one offer in a tender for any license for frequencies and, after winning the tender, has failed at least once to apply in writing for the license for the frequencies which were the subject of that tender or has failed to pay the declared one-time charge on time, or when such situation takes place with regard to the entity from Tenderer s capital group and/or its shareholders: minus 100 points; b) entity other than specified in item a): 100 points; The total amount of points awarded for this criterion is P3 index The maximum number of points which can be obtained for this criterion is 103 (say: one hundred and three) Evaluation of the offer according to the criterion of obligations undertaken in the tender Tender documentation 15

16 Obligations specified in the offer shall mean obligations defined in article 115 paragraph 1 item 9) of the Telecommunication Law, which the Tenderer undertakes to perform. In the present tender the entities shall compete by obligations in the field of: 1) speed of the telecommunications network rollout, understood as network coverage using own radio devices, the minimum percentage of the population in the tender area, specified in this documentation, as well as the specified number of municipalities (cities and towns), communes (cities or towns with rural areas around) or township districts (cities), and an optional obligation with respect to: 2) wholesale offer for telecommunication services provided with the use of frequencies in the band of MHz and MHz to other telecommunication enterprises on the principles of equality and openness, based on a single offer for telecommunication enterprises. The Tender Committee shall examine the relevant obligations on the basis of the declaration to undertake obligations under the tender included in Part 1 of the offer submitted by the Tenderers according to the offer template in Appendix 1 to this tender documentation: The evaluation of the offers according to the criterion of obligations undertaken in the tender shall be performed by adding up points awarded for a declaration to: 1) cover at least 30% of population coverage in the tender area at concurrent coverage of at least 200 municipalities, communes or township districts with fewer than 50,000 residents, in at least 80 districts before the end of: a) 2009: 60 points; b) 2010: 30 points; c) 2011 or later: 0 points 2) cover at least 55% of population coverage in the tender area at concurrent coverage of at least 400 municipalities, communes or township districts with fewer than 50,000 residents, in at least 160 districts before the end of: a) 2010: 20 points; b) 2011: 10 points; c) 2012 or later: 0 points Tender documentation 16

17 3) cover at least 80% of population coverage in the tender area at concurrent coverage of at least 650 municipalities, communes or township districts with fewer than 50,000 residents, in at least 250 districts before the end of: a) 2012: 20 points; b) 2013: 10 points; c) 2014 or later: 0 points; 4) undertaking an optional obligation to present a wholesale offer for telecommunication services provided with the use of frequencies in the bank of MHz and MHz to other telecommunication enterprises on the principles of equality and openness, based on a single offer for telecommunication enterprises 50 points; Points awarded for this criterion is P4 index The maximum number of points which can be obtained for this criterion is 150 (say: one hundred and fifty) Final evaluation of offers Final scoring for the offer is the total amount of points awarded in stage II (awarded for each criterion), calculated according to the following formula: P = P1 + P2 + P3 + P4 Where: P total score awarded in stage II P1 evaluation in points computed according to P2 evaluation in points computed according to P3 evaluation in points computed according to P4 evaluation in points computed according to Value P shall be calculated to three decimal points The maximum number of points which can be obtained in the tender is 753 (say: seven hundred and fifty three). 3. The qualifying minimum The qualifying minimum the minimum total score which the offer should reach for the entity submitting the offer to be taken into consideration in selecting the winner. The President of UKE has not indicated a qualifying minimum for this tender. Tender documentation 17

18 Appendix Offer Template OFFICE OF ELECTRONIC COMMUNICATIONS ul. Kasprzaka 18/ Warszawa Tender for two exclusive frequency licences in the band of MHz / MHz Section 1. Representations and obligations. Tenderer name: Address: Mailing address: Account number to return tender guarantee to: Taking into consideration the tender for exclusive frequency licence announced by the President of UKE on 23th of June, 2008, acting for and on behalf of 1, I hereby place an offer for one exclusive nationwide frequency licence covering 25 duplex radio channels (a duplex channel is a two-frequency channel made of two one-frequency channels, each of bandwidth of 200 khz, comprising a logical entity) with duplex spacing of 45 MHz; in the band of MHz and MHz, to be used in a public telecommunication network, hereinafter referred to as the Tender and hereby declare that I have read the terms of participation in the said tender, the requirements the offer must meet and the criteria of the offer evaluation specified in the tender documentation. I hereby also represent that all and any documents and information included herein are in line with the actual and legal state of affairs as at the offer submission date. In connection with the participation in the tender for and on behalf of 4 I hereby undertake to *: 1 Name of Tenderer. 4 Name of Tenderer. Tender documentation 18

19 1. start using frequencies, which are the subject of the tender as well as start commercial provision of services involving usage of this frequencies within 24 months of the date of obtaining the License for the frequencies 5 2. cover at least 30% of population coverage in the tender area at concurrent coverage of at least 200 municipalities, communes or township districts with fewer than 50,000 residents, in at least 80 districts before the end of 6 : 2009: 2010: 2011 or later, i.e. 3. cover at least 55% of population coverage in the tender area at concurrent coverage of at least 400 municipalities, communes or township districts with fewer than 50,000 residents, in at least 160 districts before the end of 7 : or later, ie:.; 4. cover at least 80% of population coverage in the tender area at concurrent coverage of at least 650 municipalities, communes or township districts with fewer than 50,000 residents, in at least 250 districts before the end of 8 : 2012: 2013: 2014 or later:.; 5. pay the following to the State Treasury: * According to the article 123 sec. 1 of the Telecommunications Act, the licence to use frequencies may be modified or revoked, by the decision of the President of UKE, among others: in case when the entity does not start using the licensed frequencies within 6 months after the declared date, due to reasons on the responsibility of the licence holder and/or breach of obligations undertaken in the tender, for which the licence holder is responsible. 5 Duty to start using frequencies as well as start commercial provision of services involving usage of this frequencies within a specified period should be performed by offering services provided using own telecommunication radio network 6 In the table cross (X) the expected date of reaching the 30% population coverage in the tender area, and at least 200 municipalities, communes and township districts of fewer than 50,000 residents in at least 160 districts and fill in another declared date of reaching coverage over the dotted line. 7 In the table cross (X) the expected date of reaching the 55% population coverage in the tender area, and at least 400 municipalities, communes and township districts of fewer than 50,000 residents in at least 160 districts and fill in another declared date of reaching coverage over the dotted line. 8 In the table cross (X) the expected date of reaching the 80% population coverage in the tender area, and at least 650 municipalities, communes and township districts of fewer than 50,000 residents in at least 250 districts and fill in another declared date of reaching coverage over the dotted line. Tender documentation 19

20 a) minimum one-off fee 9 for exclusive frequency licence in the amount of: PLN 1,000, (say: one million zlotys), b) amount, which 10 declares over the minimum one-off fee for exclusive frequency licence, totalling:... zł (say:... zlotych) 6. pay a one-off fee for exclusive frequency licence in amount declared in this offer placed in the tender within 14 days as of the date of reception of decision, on the bank account of UKE handled by NBP O/O/ Warsaw ; 7. to provide wholesale offer for telecommunication services provided with the use of frequencies in the band of MHz and MHz to other telecommunication enterprises on the principles of equality and openness, based on a single offer for telecommunication enterprises. ** not undertake to provide wholesale offer for telecommunication services provided with the use of frequencies in the band of MHz and MHz to other telecommunication enterprises on the principles of equality and openness, based on a single offer for telecommunication enterprises. ** 9 The amount of one-off fee for exclusive frequency licence is a total of the minimum one-off fee for exclusive frequency licence and amount which the Tenderer declares to pay in excess of the minimum one-off fee for the licence. The minimum one-off fee for exclusive frequency licensed calculated in line with article 185, paragraph 4 of the Telecommunications Law amounts to: PLN 1,000,000 (say: one million zlotys), which accounts for 50% of the annual fee for the right to use 25 duplex radio channels in public mobile telecommunication cellular network in the first year of the exclusive frequency licence. The amount the Tenderer declares to pay in excess of the minimum one-off fee for exclusive frequency licence must be given in Polish Zlotys. If in item b of the obligation an amount in a foreign currency is entered or if this item is not filled out, the Tender Commission shall assume the value of PLN 0 (say: zero zlotys). Should the Tenderer declare only the minimum fee for exclusive frequency licence, PLN 0 (say: zero) should be entered under item b. Should a discrepancy occur in item b, between the amount in digits and the amount in words, the Tender Commission shall assume the amount in words. 10 Name of Tenderer. ** In this place the tenderer puts X sign with only one chosen declaration ** In this place the tenderer puts X sign with only one chosen declaration Tender documentation 20

21 The offer, along with Appendices, consists of 11 numbered pages. Signature(s) of Tenderer of person(s) authorized to representation 11 Here state the number of numbered pages comprising the offer (in words). Tender documentation 21

22 Section 2. Legal status of Tenderer, receipt documenting the payment of tender guarantee and receipt confirming the purchase of documentation. Item 1. Documents attesting the legal status of the Tenderer. 1) A Tenderer who is a natural person shall submit: a) a copy of this section of the identity card, which include family name, first names and PESEL registration number; b) a copy of a certification of entry in the Register of Business Entities if the Tenderer is an entrepreneur; 2) A Tenderer other than a natural person shall submit: a) a current or full excerpt of the register of entrepreneurs held by the National Court Register; b) other documents attesting the legal status of the Tenderer, if the Tenderer is not an entrepreneurs not does not have an entry in the National Court Register; c) Contract of Partnership, Statute, Articles of Association or other document specifying the entity s organisation, as amended, or as a uniform text. Documents attesting the legal status of the Tenderer in the form of copies of certificates must not be drawn earlier than within 3 months prior to the offer submission date. Should changes of data covered by the copies or certificates appended to documentation occur in period between drawing copies or certificates and placing the offer, additional documents must be submitted, attesting these changes had been made.. Item 2. Original or copies of powers of attorney (authenticated) granted to person(s) representing the Tenderer. Item 3. Receipt confirming the payment of tender guarantee. Item 4. Receipt confirming the payment of fee for the tender documentation. Section 3. Financial credibility of the Tenderer. Item 1. Current certificate issued by the competent office of the Social Insurance Institution confirming that the Tenderer is not arrears with payment of health and social insurance premiums. The certificate should be issued not earlier than 3 months before submitting the offer submission date. If the Tenderer is headquartered or residing abroad the Republic of Poland, instead of document specified in item 1 they shall submit document or documents issued in the country of registered headquarters of residence attesting that they are not in arrears with payment of social and health Tender documentation 22

23 insurance premiums. The Documents should be issued not earlier than 3 months before submitting the offer. item 2. Current certificate of a the head of the competent tax office attesting that the Tenderer is not in arrears in payment of taxes and other fees. The certificate should be issued not earlier than 3 months before submitting the offer. If the Tenderer is headquartered or residing abroad the Republic of Poland, instead of document specified in item 2 they shall submit document or documents issued in the country of registered headquarters of residence attesting that they are not in arrears with payment of taxes and fees. The documents should be issued not earlier than 3 months before submitting the offer. Section 4 Assurance of condition for competition on the market of services in public telecommunication networks. Item 1 Capital structure of the Tenderer, specifying the % of shares held by individual shareholders. Under this item the Tenderer shall present own capital structure, specifying the % of shares held by individual shareholders. Item 2. Graphical representation of the capital group the Tenderer belongs to, along with the type of capital relations between the entities (% of shares held). Here the Tenderer shall present a graphical representation of the capital group they belong to, specifying the type of capital relations between the entities (% of shares owned). A capital group shall be understood as all enterprises controlled directly or indirectly by one enterprise, including this enterprise. Control take-over shall be understood as any forms of an enterprise having obtained, directly or indirectly, rights which, severally or jointly, having considered all legal or actual circumstances, allow exerting deciding influence on another enterprise or enterprises. The rights include in particular: a) having direct or indirect majority of votes at the Meeting or General Meeting of Shareholders or as a pledgee or user, or member of a management board of another enterprise (subsidiary), also under agreements with other individuals, b) the right to appoint or revoke most members of the Management Board or Supervisory Board of another enterprise (subsidiary) also under agreements with other individuals, c) members of its Management Board or Supervisory Board are more than half of members of the Management Board of another enterprise (subsidiary), d) having direct or indirect majority of votes in a subsidiary partnership or at the General Meeting of Shareholders of a subsidiary co-operative, also under agreements with other individuals, e) the right to entire or part of the property of another enterprise (subsidiary), f) agreement for management of another enterprise (subsidiary) or collecting profit from such enterprise. Tender documentation 23

24 item 3. List of telecommunication markets the Tenderer operates on. No. Product / services market Geographical market (area where products/service s are offered) Date of starting business Sales volume over the last three years (by each year): presented in units corresponding to the given service Revenues from sales of goods/services over the last three years (by each year) % of revenues from sale of goods/services in total revenues Market share in terms of revenue from sales of goods/service s over the last three years (by each year) Number of users over the last three years (by each year) as at 31 December each year Market share determined based on the number of users over the last three years (by each year) as at 31 December each year Will the frequencies under the tender be used to provide services on market specified in column 2 in Poland? Data concerning revenues should be expressed in Polish Zlotys and in the event that revenues were gained in another currency, converted as at the average exchange rates of NBP as at 31 December. Tender documentation 24

25 Item 4 List of telecommunication markets the Tenderer s capital group members operate on and shareholders holding at least 10% of votes at the Tenderer s meeting of shareholders/general meeting of shareholders. No. Name and headquarters of the entity and capital relations with the Tenderer Products/ services market Geographical market (area where products/servic es are offered) Date of starting business Sales volume over the last three years (by each year) presented in units corresponding to service Revenues from sales of products/servic es over the last three years (by each year) % of revenues from sale of goods/services in total revenues Market share in terms of revenue from sales of goods/service s over the last three years (by each year) Number of users over the last three years (by each year) as at 31 December each year Market share determined based on the number of users over the last three years (by each year) - as at 31 December each year, Will the frequencies under the tender be used by entity specified in column 2 to provide services on market specified in column 3 in Poland? The required data should be presented both in reference to Poland and abroad. Data concerning revenues should be expressed in Polish Zlotys and in the event that revenues were gained in another currency, converted as at the average exchange rates of NBP as at 31 December. Tender documentation 25

26 Item 5. Description explaining whether the services provided with the use of frequencies under the tender will be substitutive, complementary or unrelated to the services provided to date. Here the Tenderer presents a description explaining whether the services provided with the use of frequencies under the tender will be substitutive, complementary or unrelated to the services provided to date. Substitutive services shall mean such services which are regarded by buyers as replaceable due to their purpose, price and features, including quality. Complementary services are such services which complement and extend the to-date offer of the operator. In geographical terms, complementary services include also services provided to date which based on the new frequencies could be provided on a wider area. Item 6. Competitive strategy of the Tenderer on the telecommunication service market on area where the frequencies under the tender will be used. Here the Tenderer presents competitive strategy on the telecommunication service market on area where the frequencies under the tender will be used, the strategy should define in particular: a) a list of products/services with regard to which the Tenderer intends to undertake competitive actions, b) additional information concerning the products/services the Tenderer intends to provide using the frequencies (in particular in terms of potential introduction of packages, target groups, extra services); c) type of competitive actions (in particular whether it will be price, service or competition of other type). The competitive strategy must tale into consideration the fact that the Tenderer cannot undertake any competition restricting actions specified in Act on Competition and Consumer Protection of 16 February 2007, consisting in particular in prohibited agreements restricting competition and abuse of the dominant market position.