Public procurement notice: Contract Notice
Published: 2019-11-25
Buyer: Luxel SAS (Branch of EDF R Group)
Country: FR
Contract type: Supplies
Procedure: Negotiated procedure
CPV classification: 09331200: Solar photovoltaic modules
Submission deadline: 2019-12-05
Award criteria: The most economic tender

Technical requirements: LUXEL launches a global tender for contracting a supply agreement to supply photovoltaic modules to be used for a 25 MW solar projects in France. The corresponding delivery planning being Q1 an Q2 2021.
The scope of the market is the supply of 25 MW of antiglare photovoltaic modules to be delivered DDP (Incoterms 2010) on one single project in France Q1/Q2 2021.
Applications must be submitted electronically via RFx_079720 through the EDF renouvelables purchasing platform, called the purchasing portal, accessible via this link: https://pha.edf.com
In order to be able to access the purchasing portal and to apply for it, the candidate will have to register in advance on the platform.
1) Those candidates who haven within the last 5 years, been handed down a final sentence for one 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 2 of Article 421-5, Article 433-1, subparagraph 2 of Article 433-2, subparagraph 8 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;
2) 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;
3) 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 Article 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 reorganization 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 authorized to continue their activities throughout the foreseeable term of execution of the contract;
4) 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.
All evidences expected are mandatory. If not supplied, the candidate application could not be considered.
— if the candidate is owned by a company or a partnership which detains more than 50 % of its shares, the parent company will have to supply all documents testifying its financial ability.
The average turnover for the last 3 years should be equivalent or above twice the amount of the considered scope.
— 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,
— the candidate shall demonstrate having implemented, licensed and maintained an environmental management system according to the standard ISO14001, or other equivalent systems of environmental management,

Eligibility requirements: List and brief description of conditions: See RFx_079720 on https://pha.edf.com/ for complete and detailed description. Main requirements: The following cannot bid: 1) Those candidates who haven within the last 5 years, been handed down a final sentence for one 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 2 of Article 421-5, Article 433-1, subparagraph 2 of Article 433-2, subparagraph 8 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; 2) 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; 3) 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 Article 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 reorganization 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 authorized to continue their activities throughout the foreseeable term of execution of the contract; 4) 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.