Public procurement notice: Contract Notice
Published: 2024-01-19
Region: DEA22
Contract type: Works
Procedure: Negotiated with prior call for competition
CPV classification: 09323000 | 24111600 | 31120000 | 31170000 | 42112300
Estimated value: 1 EUR
Submission deadline: 2024-02-09
Award criteria: price, quality

Technical requirements: This lot 1 includes the turnkey engineering, procurement, construction and commissioning of 

- 3 gas turbine generator trains & heat recovery boilers, incl. auxilliary systems. Utilization of supplementary firing as necessary  

- gas compressor station 

- 110kV grid connection and power supply system  

- buildings for each of the above mentioned systems (being three main buildings. For the main turbine hall building a "0-meter" level with a sufficiently designed foundation will be provided by the awarding authority).

-Long Term Service Agreement (LTSA) for the Gas Turbine Units
 
The purpose of the overall undertaking at Charlottenburg Site (located Am Spreebord 5, 10589 Berlin), is to ensure heat supply security in the connected district heating grid by replacement of existing gas fired 
turbines with reliable alternatives and enable coal phase-out until 2030 by installing additional heat capacity. 
Furthermore, the undertaking supports regulatory and strategic needs by focusing on low carbon heat generation. By flexible adaption of heat generation to changes of electricity and gas prices, in accordance 
with overall system demands, the undertaking supports profitable heating business considering future market uncertainty and volatility.
To fulfill Vattenfall's fossil free strategy, the undertaking utilizes gas as a transition technology to hydrogen and enables sector coupling.
The total required thermal feed-in capacity is approx. 550 MW, split up into a gas fired portion and a power-to-heat portion. Certain relevant limitations for execution of the undertaking, arising from the need for
existing assets to remain in operation until new assets are commissioned to ensure supply security, the urban environment, monument preservation requirements for specific buildings, and the available capacity 
of the gas supply line (approx. 620 MW LHV) - have to be considered.
In the course of this undertaking, several projects are being developed by the awarding authority, including building of new generation and infrastructure assets as well as demolition and refurbishments of existing 
assets; one of such projects is the Charlottenburg Combined Heat and Power project (“CCHP”). 
This notice concerns and announces the tender for the lot 1 named CCHP project within the undertaking of Charlottenburg Site, which is composed mainly of a gas turbine-based CHP Plant.
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.
https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/579558fe-a477-408b-9ada-bd4e6d982604/suitabilitycriteria
(See further notes under VI.3). 

 

Only for EPC applicants: 

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 III.1.1) of the contract notice): 

 

Only for LTSA applicants: 

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 III.1.1) 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] 

Current entry in the professional or trade register of the country of origin or submission of 

written confirmation of this. 

As an alternative to the requested proof, proof of equivalent registration with Connexio/Achilles Germany is also sufficient here. 

 

Register C) [MINIMUM REQUIREMENT] 

Current evidence from the tax authority of payment of taxes or equivalent written confirmation from the country of origin or provenance. 

 

Register D) not applicable 

 

Register E) not applicable 

 

Register F) not applicable 

 

Register G) [MINIMUM REQUIREMENT] 

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). For this purpose, the applicant must use the form provided at the contact point (see Section I.1) notice. 

 

Register H) [MINIMUM REQUIREMENT] 
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. 

 

For this purpose, the applicant must use the form provided at the contact point (see Section I.1) notice. 

 

Register I) [MINIMUM REQUIREMENT] 

Declaration on VO-2022-833 (Russia sanctions). For this purpose, the applicant must use the form provided at the contact point (see Section I.1) notice.
https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/579558fe-a477-408b-9ada-bd4e6d982604/suitabilitycriteria

Only for EPC applicants: 

See also more detailed explanations under VI.3). Every applicant and every member of a bidding consortium must submit the documents mentioned in III.1.2) of the notice. The evidence mentioned in III.1.2), Registers L, M and O of the notice need only be submitted once by each applicant or bidding consortium. 

 

Only for LTSA applicants: 

See also more detailed explanations under VI.3). Every applicant and every member of a bidding consortium must submit the documents mentioned in III.1.2) of the notice. The evidence mentioned in III.1.2), Registers L, M and O of the notice need only be submitted once by each applicant or bidding consortium. 

 

Register J) not applicable 

 

Register K) not applicable 

 

Register L)  

Proof of the existence of a public liability insurance (insured event: damaging event) including the product liability and environmental liability insurance, which covers the legal liability of the contractor for personal injury and / or property damage and environmental damage to third parties with a sum insured of at least 10 MEUR per insured event and twice in the insurance year. In addition, environmental damage insurance with a sum insured of 3 MEUR per insured event and year must be taken out and proven. 

 

Register M) [MINIMUM REQUIREMENT] 

 

Only for the applicants of “EPC” 

Proof that the candidate meets an average annual turnover requirement over the three most recent years of a minimum of 300 MEUR. 

 

Only for the applicants of “LTSA” 

Proof that the candidate meets an average annual turnover requirement over the three most recent years of a minimum of 75 MEUR. 

 

 

Register N) not applicable 

 

Register O) [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 (in particular on EBIT), the balance sheet (in particular on equity) 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 VI.3. A Section 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 III.1.1; 

(b) Documents in accordance with III.1.2. according to Register M and O 

(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 III.1.2.) Register M (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/579558fe-a477-408b-9ada-bd4e6d982604/suitabilitycriteria

Only for EPC applicants: 
See also more detailed explanations under VI.3). 
Every applicant and every member of a bidding consortium must submit the documents mentioned in III.1.3) of the contract notice. 
The evidence mentioned in III.1.2), Register P of the notice need only be submitted once by each applicant or bidding consortium. 
Only for LTSA applicants: 
Every applicant and every member of a bidding consortium must submit the documents mentioned in III.1.3) of the contract notice. 
The evidence mentioned in III.1.2), Register P and R of the notice need only be submitted once by each applicant or bidding consortium. 
Register P) [MINIMUM REQUIREMENT] 
Only for EPC applicants: 
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 II.1.4, and II.2.4. i.e., having executed engineering, procurement, construction and commissioning scope of work on a turnkey basis for a combined heat and power plant (“CHP”) or combined cycle heat and power plant (“CCHP”). 
The reference is acceptable if, in particular but not limited to, all of the following criteria apply: 

a) the reference's commercial operation date is not older than 8 years, measured from the date of EU-announcement; in case commercial operation has not yet been achieved, the reference is at least in commissioning phase 

b) the plant employs gas turbines (CHP) or gas turbines and steam turbines (CCHP) as primary means for electricity production 

c) The minimum electrical capacity shall be around 40MW per gas turbine generator unit 

d)  the contracted scope comprised of (at least): building(s), main equipment (gas turbine(s) , generator(s), Boiler(s), fuel gas connection, high voltage grid connection 

Note: Both hot water boiler and heat recovery steam generator are considered as “Boiler” if the gas turbine exhaust is used as primary heat source. 

For avoidance of doubt: an open cycle gas turbine plant without heat recovery boiler shall not count as reference. 
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). 
Only for LTSA applicants: 
Provision of references for the successful completion of at least 20 major gas turbine overhauls.  The reference does not necessarily have to relate to the same gas turbine that the bidder's consortium partner is offering for the "EPC" part of the contract and which is therefore the subject of the LTSA. 

Provision of at least ten references on Long Term Service Agreements whose contract date is not older than ten years. The reference must relate to the same gas turbine type – or a gas turbine within the same family  (i.e. by the same OEM,  comparable in terms of power and/or design) - that the bidding consortium partner of the applicant offers for the “EPC” part of the contract and which is therefore subject of the LTSA. 
Notice: (1) refers exclusively to single overhauls, while (2) refers to the execution of an entire LTSA. Intersections of (1) and (2) are permitted (e.g. the overhauls under (1) can be part of an LTSA under (2). Applicants are nevertheless obliged to list the references under (1) and (2) separately.  
For the information under (2), the applicant must provide the following minimum information (in individual cases anonymizations are accepted):   
- Reference contractor with contact details  
- Reference power plant and number of gas turbines (number and model)  
- Names of the components and systems included in the maintenance, e.g. gas turbine, generator, auxiliary and ancillary systems, etc.   
- Date of conclusion of the contract 
- Specification of the contract term in years and/or operating hours  
- Included spare parts packages (packages, no list)  
- For OEM-certified service providers only: License agreement and scope of OEM-licensed spare parts  
- For OEM-certified service providers only: Provision of certification stating the period of validity of the certificate with the OEM for the same gas turbine type that the applicant will offer. 
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. 
Register Q) 
Proof of the introduction and implementation through procedures of a quality management system in accordance with the DIN EN ISO 9001 series by means of valid certificates. Alternatively, proof is to be provided of implementation of a similar quality management system. 
Register R)  
Only for LTSA-Applicants: 
A gas turbine service center within the EU is a prerequisite. Applicants must either provide evidence of its existence or submit a self-declaration confirming that in the event of a contract, they are willing and capable to establish and maintain such service center within the EU. 
Register S) not applicable 
Register T) [MINIMUM REQUIREMENT] 
The applicant shall fill in an HSE questionnaire.
See detailed information on evergabe
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.


Winner: Beschaffungsamt des BMI