Public procurement notice: Contract Notice
Published: 2021-02-19
Buyer: EnBW He Dreiht GmbH
Country: DE
Contract type: Services
Procedure: Negotiated procedure
CPV classification: 60600000
Submission deadline: 2021-03-18
Award criteria: The most economic tender

Technical requirements: The Tendering Company plans the installation of the Offshore Wind Farm ‘EnBW He Dreiht’ with 900 MW grid capacity, approximately 90 km of the North Sea coast.
As per planned tendering scope the Tenderer shall be capable and take a full responsibility for the transport and installation of foundations as well as the secondary, rest and repair works. A summary is given in the following listing:
— vessel for anode cage (AC) and transition piece (TP) transport and installation including grouted connection,
— state of the art far field noise mitigation system incl. necessary vessel with state of the art compressors,
Tenderer should consider that ongoing and future driveability studies until contract signing might result in a limitation of the suitable hammers and noise absorber due to required impact capacity. Results of the studies executed by the Tendering Company will be shared with the tenderer upon availability.
The tendering company reserves its right to exclude a non suitable hammer incl. noise absorber after final driveability assessments and a test of noise absorber unit under offshore conditions.
In case the tenderer intents to use the NMS including a positioning template the tenderer shall proof the capability of his equipment to handle the total weight of approx. 2500t of a NMS with fixed template. Specifications of a conceptual design of the IHC IQIP NMS with template will be shared with the qualified tenderer.
For details of foundation design and site data please see the attached document ‘Annex tender notice_design parameter and site data’.
3) Please note that there are two cases for the pile near noise mitigation system in the offer submission phase: Base Case (IHC NMS 10000) is obligatory and alternative case, which is optional.
1) Please state the registration number (in Germany e.g. from the trade/commercial register) for your company;
2) Please confirm that your company complies with legal requirements and has the necessary entries in the official directories/registers. (in Germany e.g. entries in the trade register, commercial register, chamber of architects and engineers, bar association, membership of the IHK, professional register, etc...);
5) Does your company have environmental protection policies (e.g. code of conduct, corporate guidelines, regulations or similar)? if yes, please provide more information on the policies which are already in place (code of conduct,corporate guidelines);
6) Does your company have a company policy with environmental targets? Please provide your company policy (e.g. policy, golden rules, targets) signed by management;
7) Are there any pending proceedings against your company for environmental violations? If yes, please provide evidence — e.g. official letter of management;
8) Does your company use organisational and procedural measures designed to prevent infringements of laws and regulations, especially in the areas of corruption and antitrust law? If yes, please provide more information on the measures which are already in place at your company (code of conduct, training sessions, regulations for handling gifts in relation to business partners);

Eligibility requirements: 1) Please state the registration number (in Germany e.g. from the trade/commercial register) for your company; 2) Please confirm that your company complies with legal requirements and has the necessary entries in the official directories/registers. (in Germany e.g. entries in the trade register, commercial register, chamber of architects and engineers, bar association, membership of the IHK, professional register, etc...); 3) Is your company a shareholder of some utility company? 4) Please provide a proof for a third party liability; 5) Does your company have environmental protection policies (e.g. code of conduct, corporate guidelines, regulations or similar)? if yes, please provide more information on the policies which are already in place (code of conduct,corporate guidelines); 6) Does your company have a company policy with environmental targets? Please provide your company policy (e.g. policy, golden rules, targets) signed by management; 7) Are there any pending proceedings against your company for environmental violations? If yes, please provide evidence — e.g. official letter of management; 8) Does your company use organisational and procedural measures designed to prevent infringements of laws and regulations, especially in the areas of corruption and antitrust law? If yes, please provide more information on the measures which are already in place at your company (code of conduct, training sessions, regulations for handling gifts in relation to business partners); 9) Is your company committed to the principles of sustainable corporate management taking into account commonly accepted human rights, social, ethical and ecological standards (e.g. German Sustainability Code (DNK), UN Global Compact, ISO 26000)? If yes, please provide more information on which areas are subject to sustainable corporate management (Employees, Environmental protection, Society); 10) Does your company report regularly (e.g. annually) on your sustainability performance? If yes, please provide more information on which reports you publish (sustainability report, annual report); 11) Does your product range exclusively cover materials and not services? If no, please confirm that your company complies with all of the laws and regulations relating to occupational safety, operational safety and hazardous and biological substances in each country in which the service is provided (in Germany e.g. the German Occupational Safety Act (ArbSchG), ...). In relation to the services to be provided in Germany, especially in and at facilities operated by the EnBW Group, please confirm that your company will carry out risk assessments for your employees in accordance with the German Occupational Safety Act (ArbSchG) and, where relevant, the German Ordinance on Hazardous Substances, the German Operational Safety Ordinance and the Biological Agents Ordinance before starting the work to be performed. Note: an occupational safety law governs the fundamental occupational safety obligations of the employer, the obligations and rights of employees and the monitoring of occupational safety in accordance with this law for all fields of activity (also for office work). 12) Please confirm that no person at your company belonging to the administrative, management or supervisory boards or with powers of representation, decision-making or control has been convicted within the last 3 years of one of the following offences and that the company itself has not been issued with a fine (in Germany § 30 of the Act on Regulatory Offences (OwiG)) because of these offences (corresponds in Germany to the catalogue of offences in § 123 (1) of the Act against Restraints on Competition (GWB)). — forming criminal or terrorist organisations domestically or abroad (in Germany: §§ 129, 129a and 129b of the German Criminal Code), — financing terrorism or participation in such a crime (in Germany: § 89c of the German Criminal Code), — the provision or collection of financial resources with the knowledge that these financial resources will be used or are intended to be used, wholly or in part, for the preparation of a serious violent offence endangering the state (in Germany: a crime according to § 89a (2) no. 2 of the German Criminal Code), — money laundering or the concealment of unlawfully obtained assets (in Germany: § 261 of the German Criminal Code), — fraud against the budget of the European Union or against budgets administered by the European Union or on its behalf (in Germany: § 263 of the German Criminal Code), — subsidy fraud against the budget of the European Union or against budgets administered by the European Union or on its behalf (in Germany: § 264 of the German Criminal Code), — taking and giving bribes in commercial practice (in Germany: § 299 of the German Criminal Code), — bribing delegates (in Germany: § 108e of the German Criminal Code), — granting an undue advantage and bribery (in Germany: § 333 and 334 of the German Criminal Code, in both cases also in connection with the bribery of foreign and international officials § 335a), — bribery of foreign public officials in international business transactions (in Germany: § 2 of the German Act Against International Bribery), — human trafficking, forced prostitution, forced labour, exploitation of labour, exploitation based on the threat of a deprivation of freedom (in Germany: §§ 232, 232a (1) to (5) and §§ 232b to 233a of the German Criminal Code). 13) Has your company had a conviction or being issued with a fine due to comparable regulations in other states is equivalent to a conviction or the issuing of a fine in the sense of the above named German regulations? 14) In the event that the relevant conviction or administrative decision was due to the offences stated in question 12 please state the date of the conviction/administrative decision, who was convicted, reason of conviction, length of the period of exclusion from procurement contracts; 15) In the event that the relevant conviction or administrative decision was due to the offences stated in question 12 please confirm that your company has regained its reliability as a bidder under contract law using organisational measures (‘self-cleaning’). In this case please attach corresponding verification/documents; 16) Please confirm that no insolvency proceedings or equivalent proceedings have been petitioned or initiated against our company and the initiation of such proceedings has not been rejected due to a lack of assets and that the company is not in the process of liquidation and has not ceased its activities. (in Germany according to §124 (1) No 2 of the GWB); 17) Please confirm that your company complies with its obligations to pay taxes, duties and social security contributions and no court judgements or definitive administrative decisions exist in this context or that your company has made these payments or has obligated itself to the payment of these taxes, duties and social security contributions including interest, late payment fees and penalties. (in Germany according to §123 (4) No 1 of the GWB). If no, please describe the proceedings and explain why you are nevertheless still able to fulfil contracts for the EnBW. Please state, if it is possible to access this information electronically and please state the source; 18) Please confirm that your company remunerates all employees in accordance with the legal requirements valid in each country in which the service is provided. (in Germany §1 German Minimum Wage Law); 19) Social and ethical standards. Does your company require your sub-suppliers to commit to the principles of internationally recognized social or ethical standards? If so, please mention standards such as SA 8000, Ethical Trading Initiative (ETI) Base Code, Investors in People, Global Reporting Initiative or UN Global Compact; 20) Social and ethical standards. Can your company demonstrate that compliance with internationally accepted labor standards is taken into account when evaluating and selecting sub-suppliers? 21) Does your company have a quality management system — ideally certified by an official body (e.g. ISO 9001 or comparable)? Please provide evidence — e.g. certifications, official letter of management, other evidence like the last audit report; 22) Does your company have an Environmental Management System — ideally certified by an official body (e.g. ISO 14001 or comparable)? Please provide evidence — e.g. certifications, official letter of management, other evidence like the last audit report. 23) Does your company have an occupational health and safety system — ideally certified by an official body (e.g. ISO 45001 or 18001 or comparable)? Please provide evidence — e.g. certifications, official letter of management, other evidence like the last audit report; 24) Has your company implemented a system to monitor and/or reviewing compliance with Occupational health and safety standards? 25) Is the evaluation and selection of your subcontractors based on occupational health and safety standards according to the EU standards? 26) Does your company have a company policy with Health and Safety targets? Please provide your company policy (e.g. policy, golden rules, targets) signed by management; 27) Is the Federal Data Protection Act (BDSG) in combination with the General Data Protection Regulation (DSGVO) in its most recent version applicable for your products and services? 28) Can you confirm to act according to the valid Federal Data Protection Act in the event of an order?