Public procurement notice: Contract Notice
Published: 2024-04-29
Region: DE300
Contract type: Works
Procedure: Negotiated with prior call for competition
CPV classification: 31170000 | 31682540 | 45200000: Building and civil engineering work | 45210000: Building construction work | 45213200
Estimated value: 1 EUR
Submission deadline: 2024-06-10
Award criteria: price, quality

Technical requirements: The central procurement body is undertaking a refurbishment project for the combined heat and power plant located at the Klingenberg site in Berlin, Germany. As part of this initiative, there are plans to construct a new high-voltage (110 kV) and medium voltage connection adjacent to the current grid connection. The scope of work encompasses the installation of new high-voltage transformers and stands, SF6-free switchgear, and the construction of a new grid connection building including technical building equipment and auxiliaries.
https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/47b9b012-9827-49dd-b536-24aa5c163ec6/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.
https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/47b9b012-9827-49dd-b536-24aa5c163ec6/suitabilitycriteria

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 40 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.
https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/47b9b012-9827-49dd-b536-24aa5c163ec6/suitabilitycriteria

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 G of the notice need only be submitted once by the applicant or bidding consortium. 

 

>> REGISTER E) [MINIMUM REQUIREMENT] Please provide reference information for comparable services to the tendered service. You are required to submit a minimum of two references that demonstrate experience with a comparable range of services as defined in Section 5.1. This includes having executed engineered, procured, constructed scopes of work on a turnkey basis for  

- a high-voltage connection (≥ 110 kV and ≥ 50 MVA) or equivalent, 

- including switchgear, 

- transformers and 

- grid connection building. 

The references shall not be commissioned earlier than 1st January, 2017. 

For each reference, please utilize the provided form located at the contact point of the announcement (AnnexReference_Form). 

 

>> REGISTER F) [MINIMUM REQUIREMENT] The applicant shall fill in an H&S questionnaire. The list of questions is provided by the contact point (cf. Section I.1)). 

 

The applicant must comply with the H&S exclusion criteria (1st spreadsheet) in full as minimum conditions. The contracting entity will also evaluate the answers in the HSE questionnaire (2nd spreadsheet) in accordance with the provisions listed in the questionnaire. Every applicant must achieve a minimum score of 10 points (= 30 percent) in order to be allowed to continue with the tendering process. The specific conditions for awarding the points available are set out in the questionnaire (3rd spreadsheet). 

  

Notice: Despite the stipulated requirement of 10 points, the awarding authority retains the discretion, though not an obligation, to make exceptions in special cases. This is intended to foster competition and allow the consideration of applicants who may not meet the minimum requirement, possibly with certain conditions attached. Special cases may arise, for example, when a comprehensive assessment shows that the bidder has already improved its efforts in the area of H&S - in particular, but not limited to, those areas in which the minimum requirements are not met - and has introduced appropriate measures and can be expected to be able to fully meet all HS requirements of the awarding authority in the event of a contract. This must involve specific technical, organizational and personnel measures and the facts and circumstances relating to the failure to meet the minimum requirements must have been fully clarified through active cooperation between the various organizational units of the applicant company. 

  

The awarding authority has the right to carry out audits at the applicant's premises and/or to agree further measures with the applicant. However, there is no obligation to do so. Applicants who do not meet the minimum requirements are requested to submit a separate document in which they describe the reasons for not meeting the minimum requirements and also state which improvement measures have already been initiated and which additional measures are planned for the future. 

 

>> REGISTER G) Please provide information on the expected delivery time for transformers and high voltage SF6-free switchgear to comply with expected completion date as per section 5.1.3.
>> (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)