Public procurement notice: Contract Notice
Published: 2024-04-16
Region: DE300
Contract type: Works
Procedure: Negotiated with prior call for competition
CPV classification: 09323000 | 31170000 | 42112100 | 42160000 | 42511110
Estimated value: 1 EUR
Submission deadline: 2024-04-25
Award criteria: price, quality

Technical requirements: The purpose of the overall undertaking at Reuter Site (located Großer Spreering 5, 13599 Berlin), is to ensure heat supply security in the connected district heating grid by replacement of existing coal fired plants with reliable alternatives and enable the coal phase-out until 2030. Furthermore, the undertaking supports regulatory and strategic needs by focusing on low carbon heat generation. In the course of this undertaking, several projects are being developed by the awarding authority, including building of new generation and infrastructure assets; one of such projects is the Reuter Future Biomass (RFB). 
The objective of the RFB project is the construction of a highly efficient and sustainable biomass fired district heating plant (combined heat and power) with a thermal production capacity of about 90 MWth.
Currently, the permit application is under preparation by the awarding authority.

The contractor is in charge of engineering, purchasing, construction & commissioning of its scope. 
This (lot) includes boiler, steam turbine, flue gas treatment, flue gas condensation, heat pump(s) (or other measurements to optimize efficiency), ash handling & storage, piping (incl. connection to district heating) and chimney(s). 
Furthermore this lot includes the fuel supply via trucks, the connection to the existing ship unloader, screening systems, equipment for the biomass storage bunker and all of the required conveying systems, secondary steel construction for platforms.
In addition the scope includes the water and sewage systems for the biomass plant and for the district heating system.
The power supply, the electrical systems and the instrumentation and control systems for the equipment is part of the scope. The scope including the power supply 200V-10kV and a 110kV/10KV-transformer.

The combined heat and power plant is fired with biomass: waste wood (A1-A4), forest residue and landscaping material. The boiler shall be designed as fluidized bed boiler.
The entire system must be certified with CE conformity and meet all requirements according to European / German legislation. 

The construction of the new systems and commissioning will take place on dedicated prepared areas, which are ready for construction. At Reuter West the existing units remain in operation during the construction and commission of the new plant.
This notice concerns and announces the tender for “lot 2” the Biomass CHP and Fuel Logistics. Other lots and projects will be announced by the awarding authority at a later point in time. However predecessing activities were partly already contracted such as the demolition of the existing buildings as well as preliminary design activities. The civil works, including civil works for the Bio-CHP and fuel logistics, herewith: foundations, concrete works, etc., are considered as lot 1 and already announced and contracted (see announcement TED: 617144-2023).
[Please see attachment in particular under (2) "Suitability to pursue the professional activity including other requirements": https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/15a4ed8d-51bc-43e8-a946-222e17e84db1/suitabilitycriteria ]                                                     

Together with the participation request, the applicant must also submit proof of compliance with the following conditions (every applicant and every member of a bidding consortium must submit the documents mentioned in 5.1.9) Register A & B of the contract notice): 


>> REGISTER A)  Covering letter presenting the company and its complete group structure (including ownership). Mention of the main contact person for this tender with name, function, mail address, mobile phone number. 

>> REGISTER B)  [MINIMUM REQUIREMENT] All registers a), b) and c) must be fulfilled. For this purpose, the applicant must use the form provided at the contact point (see Section I.1) notice.
a)	Declaration of mandatory and optional exclusion criteria within the meaning of Sections 123 and 124 of the Act against Restraints on Competition (GWB), Section 21 of the Act on Posting of Workers (AentG), Section 98c of the Residence Act (AufenthG), Section 21 of the Undeclared Employment Act (SchwarzArbG) and Section 19 of the Minimum Wage Act (MiLoG). 
b)	Declaration by the applicant that they have read and understood the Code of Conduct for Suppliers and Partners and Vattenfall GmbH´s policy statement in accordance with the Supply Chain Sourcing Obligation Act (LkSG). The Code can be found under "Code of Conduct for Suppliers and Partners" https://group.vattenfall.com/who-we-are/suppliers The policy statement can be found at: www.vattenfall.de/lieferkettensorgfaltspflichtengesetz The applicant further declares that they will perform their services in accordance with the UN Global Compact principles and the principles of the policy statement, and commits themselves to monitor both themselves and their suppliers/subcontractors constantly to ensure that performance is maintained and complies with these principles. The applicant states that none of the deviations from the UN Global Compact is valid for them or any suppliers/subcontractors used by them for the service provision. 
c)	 Self-declaration Russia sanctions.
[Please see attachment in particular under (3) "Economic and financial ability": 
 https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/15a4ed8d-51bc-43e8-a946-222e17e84db1/suitabilitycriteria ]                                                     

See also more detailed explanations under 5.1.6). The evidence mentioned in 5.1.9), Register C of the notice need only be submitted once by each applicant or bidding consortium. Every applicant and every member of a bidding consortium must submit the documents mentioned in 5.1.9) Register D of the notice. 
>>  REGISTER C) [MINIMUM REQUIREMENT] Proof that the candidate meets an average annual turnover requirement over the three most recent years of a minimum of 100 MEUR. 
>>  REGISTER D) [MINIMUM REQUIREMENT] Submission of the complete consolidated Annual Reports (or similar) with an unqualified auditor’s report including the management report, appendices, auditor’s approvals and comments from the last 3 financial years with information on the profit and loss account, the balance sheet and the cash flow statement. On the basis of the information requested, the awarding authority shall carry out a credit check to determine the financial and economic capacity of the applicant. The applicant is considered to be financially suitable if the credit check shows that the applicant company is financially sound and large enough in relation to the value and term of the contract to fulfil all contractual obligations. For this purpose, the applicant must have adequate profit margins and sufficient operating cash flows as well as an appropriate capital base with a generally acceptable (low) level of debt. The size and financial profile of the applicant must also be proportionate to the value of the contract and there must be a positive outlook that the applicant will be able to maintain its financial fitness during the term of the contract.
As far as the applicant wishes to prove financial suitability with borrowed
capacity (see also 5.1.6 (6) of this notice), they must specify the third party on which they wish to rely (e.g. the parent company in the case of
group companies) and also submit the following for this third party: (a) All documents referred to in 5.1.9; (b) Documents in accordance with 5.1.9. according to Register C and D (c) Evidence that the third party will actually make the resources required for the contract available to the applicant in the event of an award (letter of commitment). In the case of Group companies, evidence can be provided, among other things, by: (aa) A declaration by the third party (e.g. the parent company) that, in the event of a contract being awarded, the latter is willing, in addition to 5.1.9) Register C (which is only to be provided by the applicant), to provide a guarantee for the entire scope of services of the applicant (Group guarantee) or (bb) Providing proof of a control and profit-transfer Agreement with the additional declaration by the controlling company that, in the event of a contract being awarded, they shall: (i) inform the Employer of forthcoming alterations to or termination of the control and profit-transfer Agreement in writing in advance and (ii) automatically provide the security in accordance with Section 303(1) of the German Companies Act (AktG), without notification being required from the Employer and (iii) provide the security in accordance with Section 303(1) AktG either in the form of a group guarantee where the parent company possesses sufficient financial fitness, or else in the form of an indefinite guarantee issued by a bank with a minimum rating of BBB with stable outlook (Standard & Poor’s or Fitch) or Baa2 with stable outlook (Moody’s). The awarding authority reserves the right – without being obliged to do so – to request additional documents/information from the applicant (or from the third party in the case of borrowed capacity) and/or to conduct information discussions when examining the financial suitability of the applicant. This may be the case in particular – without being limited to this – if the awarding authority has information on the creditworthiness of the applicant from the market/generally accessible media, etc., which contradicts the documents submitted or requires clarification.
[Please see attachment in particular under (4) "Technical and professional capacity": 
https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/15a4ed8d-51bc-43e8-a946-222e17e84db1/suitabilitycriteria ]                                                     

See also more detailed explanations under 5.1.6. The evidence mentioned in 5.1.9), Register E of the notice need only be submitted once by each applicant or bidding consortium. Every applicant and every member of a bidding consortium must submit the documents mentioned in 5.1.9) Register F of the contract notice. 

>>  REGISTER E) [MINIMUM REQUIREMENT] 

Reference information on comparable services with the tendered service. Minimum one reference is to be submitted that demonstrate experience with a comparable range of services as defined in Section 5.1. The reference is acceptable if, in particular but not limited to, all of the following criteria apply: 
The reference shall not be commissioned earlier than 1st January, 2009 or after (later than) 2023.

a)	[MINIMUM REQUIREMENT] Reference 1x biomass plant with similar scope (fluidized bed technology) and thermal capacity (>50 MW thermal). 
For avoidance of doubt, as comparable biomass fuel: forest residues, recycled wood, waste wood, agricultural residues and waste to energy (e.g. RDF (refuse-derived fuel) shall count as reference. 

b)	the contracted scope comprised of (at least): boiler(s), main equipment steam turbine and generator, heat pump(s), fuel handling and logistics, medium voltage gear.

It is allowed for b) to utilise multiple references to show the overall scope (e.g. one reference with steam turbine and another with heat pumps).

The awarding authority is entitled to take into account its own experience with the applicants from similar projects. If negative experiences demonstrably exist, the awarding authority may invite the applicant to a face-to-face meeting to discuss the situation. If the applicant is unable to demonstrate their fitness in the course of this meeting, despite the awarding authority's own bad experiences, the awarding authority is entitled to rule out the applicant as unfit. For each reference, the applicant must use the form provided at the contact point of the announcement (AnnexReference_Form).

>>  REGISTER F) [MINIMUM REQUIREMENT] The applicant shall fill in an H&S questionnaire. See detailed information within the attachment under (4.3).
>> (a) Guarantees: In the event of a contract, the applicant shall provide guarantees, a) amounting to at least 10% of the value of the contract in the form of a contract performance guarantee (b) for all advance payments; c) amounting to at least 5% of the value of the contract in the form of a warranty bond issued by a bank with a minimum rating with stable outlook of BBB (Standard & Poor’s or Fitch) or Baa2 (Moody’s). For the purposes of the qualification check, the phrase "value of the contract" shall mean the full agreed net remuneration of the future Contractor, disregarding any subsequent adjustments to such remuneration, which may arise from the performance or amendment of the contract. In the case of multiple ratings, the lowest rating applies. 

>> (b) Insurance: In the event of a contract, the applicant shall provide a public liability insurance policy (insurance event: damage event), including product liability and environmental liability insurance, which covers the Contractor’s statutory liability for personal injury and/or property damage and environmental damage to third parties with an insured sum of at least EUR 10 million per insurance event and twice in the insurance year. In addition, environmental damage insurance with a coverage of EUR 3 million per insured event and year must be in place and proven.)


Winner: Datenservice Öffentlicher Einkauf (in Verantwortung des Beschaffungsamts des BMI)