We have reached a very important milestone in the PPP project entitled "Construction of the Outer Port at the Port of Gdynia". On 5 November 2020, a contract notice was published, formally starting the procedure to select a private partner.

This is currently the largest PPP procedure conducted in Poland (in terms of estimated total project value).

Our law firm together with EY and Databout (in a consortium) have the pleasure of advising on this complex and complicated project for the Port of Gdynia Authority (Contracting Authority) and the Ministry of Development Funds and Regional Policy.

The subject of the contract is the design, build, financing, fit-out and then maintenance and operation during the PPP agreement term of the Outer Port pier where the container terminal will be located with an initial target capacity of 2.5 million TEU per year. The project also includes onshore road and rail access infrastructure.

The PPP agreement will be concluded for a period of approx. 36 years, which includes approx. five years of design and build and approx. 31 years of maintenance and operation of the container terminal (infrastructure operation).

Preliminary timetable:

• Submission of requests to participate – January 2021
• Assessment of requests – including supplementation or clarification – March 2021
• Conducting a dialogue with potential private partners – April-November 2021
• Drafting of ToR, functional utility programme and call for tenders – January 2022
• Tender submission – May/June/July 2022
• Opening and assessment of tenders and notification to all tenderers of the selection of the most advantageous tender – September/October 2022
• Preparation and conclusion of a PPP agreement – November 2022

After pre-qualification in accordance with the participation conditions and selection criteria laid down in the contract notice, the Contracting Authority will invite a maximum of five contractors to a competitive dialogue.

The deadline for submitting applications to participate in the procedure is 15 January 2021 at 12.00.

More details on the procedure website: contract notice.

The construction of the Outer Port at the Port of Gdynia is included in the Strategy for Sustainable Transport Development to 2020 (with a perspective to 2030) as a strategic government project. The project is also included in the list of key infrastructure projects of the Baltic-Adriatic TEN-T Corridor in the Gdynia transport hub. The project involves the construction of new deep-water port infrastructure, which will enable the largest ocean-going vessels to be handled.

At DZP, the project is being implemented by an interdisciplinary team led by Marcin Krakowiak, Partner and Head of the Infrastructure and Energy Practice, and Michał Przychoda, Senior Associate, expert on PPP projects supported by Tomasz Darowski, Partner, expert on infrastructure projects, public procurement specialists – Katarzyna Kuźma, Partner, Wojciech Hartung, Counsel, and Tomasz Michalczyk, Senior Associate, and state aid and transport law specialists – Anna Glapa, Partner, and Tomasz Zielenkiewicz, Senior Associate.

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Port of Gdynia Authority videos about the project:

https://www.youtube.com/watch?v=G5LFEIZ0Z10

https://www.youtube.com/watch?v=cm3niiMmEDo&t=2s