Public procurement notice: Contract Notice
Published: 2024-04-25
Region: DE300
Contract type: Works
Procedure: Negotiated with prior call for competition
CPV classification: 09323000 | 31120000 | 31121000 | 42160000 | 42417200
Estimated value: 1 EUR
Submission deadline: 2024-06-21
Award criteria: price, quality

Technical requirements: The objective of the KLBM project is the erection of a biomass fired combined heat and power plant with a thermal production capacity of approximately 210 MWth and an electrical capacity of approximately 50 MWel. The new plant is to be built at Koepenicker Chaussee 42, 10317 Berlin. It shall be integrated and constructed on the existing production site “Klingenberg” next to the operating plant. So, the erection of the new plant will be in a brown field situation.  

The feedstock/fuels shall be transported to the plant by ship, train and truck. The potential fuels are forest residues, landscaping materials, short rotation coppice and waste wood (categories AI, AII, AIII, AIV in accordance with the national Waste Wood regulations). The plant shall be designed and permitted according to the waste incineration emission law (17th BImschV). The plant shall be operated via an existing control room. The emissions of the plant shall meet the lowest BREF limits. 

It is planned to tender in English and with a bespoke contract based on FIDIC Yellow 1999 agreements. 

There will be only 1 EPC lot. At first, the EPC contractor will be responsible for the engineering needed for the permit application which is submitted by Vattenfall Wärme Berlin AG. Afterwards, the contractor is responsible for the entire EPC-scope of the new plant as turnkey supplier. The contractor is responsible for the conceptual design, engineering, purchasing, construction & commissioning of its scope. 

Following this concept, the contract is split into 2 phases: 

1) The Liminted Notice to Proceed (LNTP), planned for 2025 and 

2) The Final Notice to Proceed (FNTP), planned to begin in 2026. 

With the LNTP the contractor finalizes the design and permit engineering. With the final issue of the permit approval, the Contractor receives the FNTP. With the FNTP the “execution phase” begins. This phase is consisting of detail engineering, procurement, construction, commissioning and handover of the biomass plant. 

The commissioning of the biomass plant is currently scheduled for 2029. 

 

EPC – Scope  

The EPC scope consists of everything which is needed to build and operate a complete biomass CHP-plant. This includes for e.g. the following components and systems without guarantee of completeness: 

- Biomass steam boiler 

- Steam turbine with transformer (in order to connect the turbine to the local 110 kV grid) 

- Complete low voltage electrical equipment incl. all cables and routings  

- Complete flue gas system (flue gas cleaning, flue gas condensation system, heat recovery heat pump, stack)  

- Complete supply and disposal systems (ship, train & truck unloading, storage facilities for feedstock, foreign material separation, conveyor systems, system for ash storage and loading) 

- Complete civil works, incl. buildings, foundations & supporting steal structures 

- Complete I&C (control system, instrumentation & automation)  

- All pipings, valves and pumps 

- Waste water, water treatment systems & sewage systems 

The entire system must be certified with CE conformity.
https://bieterzugang.deutsche-evergabe.de/evergabe.bieter/api/external/subproject/0b4bdfe3-3f31-4ed3-a634-45cce3e913ba/suitabilitycriteria
>> 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/0b4bdfe3-3f31-4ed3-a634-45cce3e913ba/suitabilitycriteria
>> Register C) [MINIMUM REQUIREMENT] Proof that the candidate meets an average annual turnover requirement over the three most recent years of a minimum of 400 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 (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 5.1.6 (6) of the 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 of the notice; (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/0b4bdfe3-3f31-4ed3-a634-45cce3e913ba/suitabilitycriteria
>>Register E) [MINIMUM REQUIREMENT]:  

 

Reference information on comparable services with the tendered service. Minimum two references are to be submitted that demonstrate experience with a comparable range of services as defined in Section 2.1 of the notice. The reference is acceptable if, in particular but not limited to, all of the following criteria apply:  

The earliest reference shall be commissioned not earlier than 1st January 2009, while the latest reference shall not be commissioned after (later than) the 31st December 2023 

For the successful implementation of the intended contract, the applicant is required to have a thorough experience with a corresponding scope (see project description chapter 2.1), i.e. as an EPC Contractor of a biomass plant or waste to energy plant >= 20 MW fuel input. Alternatively, references of combined heat and power plants with >= 120 MW solid or gaseous fuel input can be provided. 

 

 

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. The data marked with “*” are for information purposes only, but not necessary to meet the minimum requirement. 

(Annex “ KLBM_ Reference form_V01 “).

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.
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. 

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)