Public procurement notice: Contract Notice
Published: 2019-03-15
Buyer: Theolia France
Country: FR
Contract type: Services
Procedure: Negotiated procedure
CPV classification: 50712000
Submission deadline: 2019-04-01
Award criteria: The most economic tender

Technical requirements: Full scope O&M on 5 wind turbine MM82 for a windfarm located in France (North West), operations of the electric power station of the wind farm and regulatory controls.
The wind power plant is located in the North West of France. The fleet includes fives MM 82 wind turbines with a capacity of 2,0 MW each. Wind turbines were built in 2007 so the site has been in production for 12 years. The requirements are:
— a full scope maintenance contract for his wind turbines for a period of 5 years, with a condition of possibility to terminate the maintenance contract in third year,
— regulatory controls for lifting and safety equipment must be included in the full scope maintenance agreement,
— those candidates who haven within the last 5 years, been handed down a final sentence for 1 of the offences provided for in Articles 222-38, 222-40, 226-13, 313-1 to 313-3, 314-1 to 314-3, 324-1 to 324-6, 413-9 to 413-12, 421-1 to 421-2-3, subparagraph two of Article 421-5, Article 433-1, subparagraph 2 of Article 433-2, subparagraph eight of Article 434-9, Subparagraph 2 of Article 434-9-1, Articles 435-3, 435-4,435-9, 435-10 441-1 to 441-7, 441-9, 445-1 and 450-1 of the French Penal Code, Article 1741 of the French General Tax Code and Articles L. 2339-2 to L. 2339-4, L. 2339-11-1 to L. 2339-11-3 of the French Defense Code and L. 317-8 of the French Interior Security Code,
— those candidates who have, within the last 5 years, been handed down a sentence listed on Report No. 2 of the Criminal Records Bureau for the offences referred to in Articles L. 8221-1, L. 8221-3, L. 8221-5, L.8231-1,L.8241-1, L. 8251-1 and L. 8251-2 of the French Labour Code,
— those candidates subject to the compulsory liquidation proceedings provided for in Article L. 640-1 of the French Commercial Code, those individuals whose personal bankruptcy has been pronounced under Articles L. 653-1 to L. 653-8 of the same code as well as those persons subject to equivalent proceedings under a foreign law jurisdiction. Candidates admitted to the compulsory reorganisation proceedings laid down by Article L. 631-1 of the French Commercial Code or to equivalent proceedings under a foreign law jurisdiction must provide evidence that they have been authorised to continue their activities throughout the foreseeable term of execution of the contract,
— those candidates who, on 31 December of the year prior to that during which the tender is launched, had not fulfilled their obligations in terms of tax and social security declarations or had not paid the tax and contributions payable on that date. However, the following shall be regarded as eligible candidates: those candidates who, on 31 December of the year prior to that during which the tender is launched, had not paid the various amounts due on that date or provided any guarantees, but who had, before the date of the launch of the tender and without any enforcement measures having been taken by the accountant or the agency responsible for collection, either paid the said amounts or provided guarantees deemed sufficient by the accountant or the agency responsible for collection. Individuals who are legal or de facto directors of a legal entity that does not satisfy the conditions provided for in this subparagraph may not personally tender for a contract. In order to provide evidence that it is not in one of the situations cited in Points 1) to 4) above, the candidate must furnish a sworn statement, dated and signed. These conditions are applicable to the candidates and to each of the members of a group wishing to tender as a single candidate.
— the candidates shall provide ownership and corporate form. If the company is a subsidiary, the name and address of the ultimate parent company must be stated as well as the name and address of a French representative, if any,
— annual accounts (incl. the accountant's opinion) for the previous 3 years (if available) and the quarterly reports/interim accounts for the current financial year (if applicable). If 50 % or more of the company is owned by another company or if that other company controls 50 % or more of the votes or can appoint more than half of the members of the board of management or of the supervisory board of the company the same information is requested from that controlling company,
— the candidate or each membre of the groupement shall provide a recent financial analysis by an independent rating agency (e.g: Altares or D&B),
— the company must justify an average turnover at least equivalent to 2 times the estimation of the contract subject to this contract notice on the last 3 years,
— if the company relies (more than 50 %) on the economic and financial capacity of another entity/entities, the company shall prove to the satisfaction of the Contracting Authority that the necessary resources will be available to it by way of an undertaking from these entities. If a consortium submits a request for tendering, the information set out in 1, 2 and 3 above must be submitted for each member of the consortium.
— the candidate shall demonstrate having implemented, licensed and maintained a quality management system according to the standard EN ISO9001, or other equivalent systems of quality management. Copies of valid certificate shall be attached by the candidate,
— the candidate shall demonstrate having implemented, licensed and maintained an environmental management system according to the standard ISO14001 and a health and security management systems according to:

Eligibility requirements: The following cannot tender: — those candidates who haven within the last 5 years, been handed down a final sentence for 1 of the offences provided for in Articles 222-38, 222-40, 226-13, 313-1 to 313-3, 314-1 to 314-3, 324-1 to 324-6, 413-9 to 413-12, 421-1 to 421-2-3, subparagraph two of Article 421-5, Article 433-1, subparagraph 2 of Article 433-2, subparagraph eight of Article 434-9, Subparagraph 2 of Article 434-9-1, Articles 435-3, 435-4,435-9, 435-10 441-1 to 441-7, 441-9, 445-1 and 450-1 of the French Penal Code, Article 1741 of the French General Tax Code and Articles L. 2339-2 to L. 2339-4, L. 2339-11-1 to L. 2339-11-3 of the French Defense Code and L. 317-8 of the French Interior Security Code, — those candidates who have, within the last 5 years, been handed down a sentence listed on Report No. 2 of the Criminal Records Bureau for the offences referred to in Articles L. 8221-1, L. 8221-3, L. 8221-5, L.8231-1,L.8241-1, L. 8251-1 and L. 8251-2 of the French Labour Code, — those candidates subject to the compulsory liquidation proceedings provided for in Article L. 640-1 of the French Commercial Code, those individuals whose personal bankruptcy has been pronounced under Articles L. 653-1 to L. 653-8 of the same code as well as those persons subject to equivalent proceedings under a foreign law jurisdiction. Candidates admitted to the compulsory reorganisation proceedings laid down by Article L. 631-1 of the French Commercial Code or to equivalent proceedings under a foreign law jurisdiction must provide evidence that they have been authorised to continue their activities throughout the foreseeable term of execution of the contract, — those candidates who, on 31 December of the year prior to that during which the tender is launched, had not fulfilled their obligations in terms of tax and social security declarations or had not paid the tax and contributions payable on that date. However, the following shall be regarded as eligible candidates: those candidates who, on 31 December of the year prior to that during which the tender is launched, had not paid the various amounts due on that date or provided any guarantees, but who had, before the date of the launch of the tender and without any enforcement measures having been taken by the accountant or the agency responsible for collection, either paid the said amounts or provided guarantees deemed sufficient by the accountant or the agency responsible for collection. Individuals who are legal or de facto directors of a legal entity that does not satisfy the conditions provided for in this subparagraph may not personally tender for a contract. In order to provide evidence that it is not in one of the situations cited in Points 1) to 4) above, the candidate must furnish a sworn statement, dated and signed. These conditions are applicable to the candidates and to each of the members of a group wishing to tender as a single candidate.