Public procurement notice: Contract Notice
Published: 2019-10-30
Buyer: Theolia France
Country: FR
Contract type: Services
Procedure: Negotiated procedure
CPV classification: 50800000
Submission deadline: 2019-11-18
Award criteria: The most economic tender

Technical requirements: Full scope O&M on 6 wind turbine MM82 for a windfarm located in France (Hauts de France) and associated regulatory controls (for the wind turbines and the sub-station).
The wind power plant is located in the region Hauts de France. The fleet includes 6 MM82 wind turbines with a capacity of 2,0 MW each. Wind turbines were built in 2007 so the site has been in production for 12 years. The requirements are:
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 Articles 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 reorganisation 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 authorised 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.
— the company must justify an average turnover at least equivalent to 2 times the estimation of the contract subject to this contract notice on the last past 3 years (financial statements and a rating through an independant agency shall be provided),
1) Is not bankrupt or in the course of being wound up, that their business is not being administered by the courts or any person appointed by the courts for that purpose, has not entered into an arrangement with its creditors, has not suspended business activities or is not in any analogous situation arising form a similar procedure under national laws and regulations;
2) Is not subject to proceedings for a declaration of bankruptcy or for an order for compulsory winding up or administration by the court or for an arrangement with creditors or of any similar proceedings under national laws or regulations.
— 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,
— the candidate shall demonstrate having implemented, licensed and maintained a health and security management systems according to a) OHSAS 18001, or (alternatively) b) MASE, or (alternatively) c) VCA or (alternatively) d) ILOSH - or other equivalent systems of health and security management,

Eligibility requirements: See RFI-078621 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 Articles 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 reorganisation 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 authorised 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.