Environmental Surveys and Impact Assessments in the German Exclusive Economic Zone (EEZ) Referenznummer der Bekanntmachung: EnBW-2023-0019
Auftragsbekanntmachung – Sektoren
Dienstleistungen
Abschnitt I: Auftraggeber
Postanschrift: Durlacher Allee 93
Ort: Karlsruhe
NUTS-Code: DE122 Karlsruhe, Stadtkreis
Postleitzahl: 76131
Land: Deutschland
E-Mail:
Internet-Adresse(n):
Hauptadresse: www.enbw.com
Abschnitt II: Gegenstand
Environmental Surveys and Impact Assessments in the German Exclusive Economic Zone (EEZ)
The tenderer shall provide the services for environmental surveys in the German EEZ, like benthic and fish survey, marine mammals and bird survey according to StuK 4. Besides surveys the tenderer shall provide reporting and provision of raw and processed data as well as environmental impact assessment according to StuK 4.
Benthic and fish baseline survey, reporting and raw data provision
German EEZ (German bight)
Benthic and fish baseline survey, reporting and raw data provision according to StUK 4. Sidescan Sonar data will be provided after contract award
The offshore surveys shall start no later than February 2024 and being conducted continuously for 24 months. Interim report after 12 months survey shall be submitted no later than May 2025 and final report shall be submitted no later than May 2026.
Bird and marine mammals baseline survey, reporting and raw data provision
German EEZ (German bight)
Bird and marine mammals baseline survey, reporting and raw data provision according to StUK 4
The offshore surveys shall start no later than February 2024 and being conducted continuously for 24 months. Interim report after 12 months survey shall be submitted no later than May 2025 and final report shall be submitted no later than May 2026.
Required reporting for plan approval application
German EEZ (German bight)
Required reporting for plan approval application incl. Environmental Impact Assessment (EIA), FFH assessment, species protection assessment, biotope assessment and water law assessment
The offshore surveys shall start no later than February 2024 and being conducted continuously for 24 months. Interim report after 12 months survey shall be submitted no later than May 2025 and final report shall be submitted no later than May 2026.
Abschnitt III: Rechtliche, wirtschaftliche, finanzielle und technische Angaben
1. General Company Information
The tenderer shall state the EnBW-Supplier number, if available
The tenderer shall state a contact person
The tenderer shall state a company full address:
The tenderer shall state a company legal form
The tenderer shall state a year of company foundation
The tenderer shall state the names the Management board of the company
The tenderer shall provide an extract from the commercial register with the registration number (e.g. business / commercial register) (mandatory criteria)
The tenderer shall confirm that its company complies with the 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...)
The tenderer shall provide a V.A.T. number of its company
The tenderer shall state a subscribed capital in Euro
The tenderer shall state Group affiliation, if available
The tenderer shall state the number of employees in FTE (full time employment) for the past three complete years
The tenderer shall provide the company financial status by attaching annual financial reports for the past three years (mandatory criteria)
2. Supplier-Self-Declaration
Data protection according to German Federal Data Protection Act (BDSG) and DSGVO & Acting in accordance with the General Data Protection Regulation (GDPR) (mandatory criteria)
The tenderer shall state if the Federal Data Protection Act (BDSG) in combination with the General Data Protection Regulation (DSGVO; GDPR) in its most recent version is applicable for its company’s products and services.
In addition the tenderer shall confirm that its company acts according to the valid Federal Data Protection Act in the event of an order.
3. Company Shareholder of a Utility
The tenderer shall state if its company is shareholder of a utility.
If yes, the tenderer shall enter the name of the utility.
4. Environmental Management
Environmental protection policies
The tenderer shall state if its company has environmental protection policies (e.g. code of behaviour, company guidelines, regulations etc.)
If the answered question is ""yes"", the tenderer shall provide further information on the type of existing directives:
- Code of behaviour
- Company guideline
- Other regulations
Environmental management system standards
The tenderer shall state if an environmental management system is in place in its company.
If yes, the tenderer shall state the name of it (e.g., ISO 14001, EMAS...)
Certification of environmental management
The tenderer shall state if its company’s environmental management system is certified.
If yes, the tenderer shall attach certificate and name the attachment(s).
Environmental management officer
The tenderer shall state if there is an environmental management officer in its company.
If yes, the tenderer shall state the name and contact details of the officer.
Document environmental protection measures and results
The tenderer shall state if its company has document environmental protection measures and results
If yes, the tenderer shall explain this briefly here.
Pending proceedings for environmental violations
The tenderer shall state if there are pending proceedings against its company for environmental violations.
If yes, the tenderer shall explain this briefly here.
Measures for climate protection and environmental sustainability
The tenderer shall confirm that measures for climate protection and environmental sustainability are specified or described by the tenderer himself as well as by the reference.
The tenderer shall provide supporting documents and name the uploaded documents."
5. Compliance
Organisational and procedural measures
The tenderer shall state if its organisation has organisational and procedural measures in place to prevent breaches of anti-corruption and anti-competition laws and regulations.
If yes, the tenderer shall provide further information on the type of existing measures (multiple selection possible):
- Code of behaviour
- Training sessions
- Regulations for dealing with gifts and benefits to business partners
- Other
6. Sustainability / Corporate Social Responsibility
Principles of sustainable corporate governance
The tenderer shall state if its company is committed to the principles of sustainable corporate governance having regard to accepted humanitarian, social, ethical and environmental standards (e.g., German Sustainability Code (DNK), UN Global Compact, ISO 26000)
If yes, the tenderer shall provide further information on the areas concerned (multiple selection possible):
- Employees
- Environmental protection
- Company
- Other
Publication of sustainability reports
The tenderer shall state if its company publishes regular (e.g., annually) reports about its sustainability efforts.
If yes, the tenderer shall provide further information on the report type (multiple selection possible):
- Sustainability report
- Annual report
- Website
- Others
7. Occupational health and safety
Product range
The tenderer shall state, if its product range exclusively covers materials and not services.
If yes, then the tenderer shall confirm that his 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, ...)
If no, then the tenderer shall hereby confirm that before commencing the work for EnBW, he shall create risk assessments for his employees according to the Industrial Safety Act (ArbSchG), and where applicable, the regulations governing hazardous materials, operational safety and biological agents.
Note: The Industrial Safety Act governs the underlying industrial safety obligations of the employer, the rights of employees and the monitoring of occupational safety under this Act.
Occupational health and safety standards
The tenderer shall state if an occupational health and safety standard is in place in its company.
If yes, the tenderer shall name it (e.g., OHSAS 18001, ...)
System to monitor and review compliance with Occupational health and safety standards
The tenderer shall state if its company has implemented a system to monitor and/or reviewing compliance with Occupational health and safety standards.
If yes, the tenderer shall explain this briefly here.
Evaluation and selection of subcontractors for occupational health and safety standards
The tenderer shall state if the evaluation and selection of subcontractors is based on occupational health and safety standards. If yes, the tenderer shall explain this briefly here.
Commitment of sub-suppliers to the principles of internationally recognized social or ethical standards
The tenderer shall state if its company requires its sub-suppliers to commit to principles of internationally recognized social or ethical standards.
If yes, the tenderer shall mention standards such as SA 8000, Ethical Trading Initiative (ETI) Base Code, Investors in People, Global Reporting Initiative or UN Global Compact.
Demonstration of compliance with internationally accepted labour standards when evaluating and selecting sub-suppliers
The tenderer shall state if its company can demonstrate that the compliance with internationally accepted labour standards is considered when evaluating and selecting sub-suppliers.
8. Declaration pursuant to § 123 of the Act against Restraints of Competition (GWB)
Declaration pursuant to § 123 of the Act against Restraints of Competition (GWB) (mandatory criteria)
The tenderer shall hereby declare that within the last three years, no-one belonging to his company, nor anyone belonging to his administrative, management or supervisory board or anyone who has powers of representation, decision making or control, has been found guilty of breaching one of the provisions of Section 123 (1) No. 1-10, nor has the company been subject to a legally binding financial penalty due to breaches of the previously mentioned provisions pursuant to Section 30 of the Code of Administrative Offences (GBW) (mandatory criteria)
Public contracting authorities shall exclude an undertaking from participation at any point in the procurement procedure when they are aware that a person whose conduct is imputable to the undertaking in accordance with subsection (3) has been convicted by final judgement or a final administrative fine has been issued against the undertaking under Section 30 of the German Administrative Offences Act [Gesetz über Ordnungswidrigkeiten] for a criminal offence under:
1. Section 129 of the German Criminal Code [Strafgesetzbuch] (forming criminal organisations), Section 129a of the German Criminal Code (forming terrorist organisations) or Section 129b of the German Criminal Code (foreign criminal and terrorist organisations);
2. Section 89c of the German Criminal Code (financing of terrorism) or for participation in such a crime or for the provision or collection of financial resources with the knowledge that such financial resources will be used or are intended to be used, wholly or in part, to commit a crime under Section 89a(2) no 2 of the German Criminal Code;
3. Section 261 of the German Criminal Code (money laundering);
4. Section 263 of the German Criminal Code (fraud), provided that the criminal offence is directed against the budget of the European Union or against budgets administered by the European Union or on its behalf;
5. Section 264 of the German Criminal Code (subsidy fraud), provided that the criminal offence is directed against the budget of the European Union or against budgets administered by the European Union or on its behalf;
8. Declaration pursuant to § 123 of the Act against Restraints of Competition (GWB)
6. Section 299 of the German Criminal Code (taking and giving bribes in commercial practice), Sections 299a and 299b of the German Criminal Code (taking and giving bribes in the health sector);
7. Section 108e of the German Criminal Code (taking of bribes by and giving of bribes to elected officials);
8. Sections 333 and 334 of the German Criminal Code (granting benefits and giving bribes), each also in conjunction with Section 335a of the German Criminal Code (foreign and international officials);
9. Article 2 Section 2 of the German Act on Combating International Bribery [Gesetz zur Bekämpfung internationaler Bestechung] (Bribery of Foreign Public Officials in International Business Transactions) or
10. Sections 232, 232a (1) to (5), Sections 232b to 233a of the German Criminal Core (human trafficking, forced prostitution, forced labour, exploitation of labour, exploitation involving deprivation of liberty).
A judgement or the imposing of a fine according to the comparable regulations of other states shall be the equivalent of a judgement or fine within the meaning of the above-mentioned German provisions.
9. Corresponding judgement or legally binding administrative decision due to § 123 GWB
The tenderer shall confirm that in the event that there is a corresponding judgement or legally binding administrative decision based on the criminal offences listed under Question 10 (Declaration pursuant to § 123 of the Act against Restraints of Competition (GWB)) (mandatory criteria)
The tenderer shall provide information on the following aspects:
- Date of the judgement / administrative decision
- Reason
- Who was convicted
- Duration of the period of exclusion from calls for tender.
If there is no such event, the tenderer shall answer with "no".
10. Self-purification after responding judgement or legally binding administrative decision based on §123 GWB
In the event that there is a corresponding judgement or legally binding administrative decision based on the criminal offences listed under Question 10 (Declaration pursuant to § 123 of the Act against Restraints of Competition (GWB)), the tenderer shall confirm that his company has established reliability in procurement by the named organisational measures ('self-purification’). (mandatory criteria)
The tenderer shall provide the corresponding supporting documents as an attachment and name the attachment.
11. Declaration pursuant to § 124 of the Act against Restraints of Competition (GWB)
"The tenderer shall hereby declare that no application has been made or opened for an insolvency procedure or an equivalent procedure regarding his company, or the opening of such proceedings has been declined due to insufficiency of assets, or the company is in the process of liquidation or has ceased its activities (Section 124 (1) and (2) GWB). (mandatory criteria)
(1) Taking the principle of proportionality into account, public contracting authorities may at any point in the procurement procedure exclude an undertaking from participating in the procurement procedure if
1. the undertaking has demonstrably breached applicable environmental, social or labour obligations in carrying out public contracts;
2. the undertaking is insolvent, an insolvency proceeding or a comparable proceeding over the assets of the undertaking has been filed or opened, the opening of such a proceeding has been denied for lack of assets, the undertaking is in liquidation proceedings or has ceased to do business;
3. the undertaking has demonstrably committed grave professional misconduct which renders its integrity questionable; Section 123(3) shall apply mutatis mutandis;
4. the public contracting authority has sufficient indications that the undertaking has concluded agreements with other undertakings or engaged in concerted practices which have as their object or effect, the prevention, restriction or distortion of competition;
5. a conflict of interest exists in the execution of the procurement procedure which could compromise the impartiality and independence of a person working for the public contracting authority in the executing of the procurement procedure and which cannot be effectively remedied by other, less intrusive measures;
6. a distortion of competition results from the prior involvement of the undertaking in the preparation of the procurement procedure, and such distortion of competition cannot be remedied by other, less intrusive measures;
7. the undertaking has produced significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract or concession contract which led to an early termination, damages or other comparable sanctions;
8. the undertaking has committed a serious misrepresentation or withheld information or is not able to submit the required evidence with respect to the grounds for exclusion or the selection criteria; or
9. the undertaking
a) has attempted to unduly influence the decision-making process of the public contracting authority;
b) has attempted to obtain confidential information that may confer upon it undue advantages in the procurement procedure; or
c) has negligently or intentionally provided misleading information that may have a material influence on the decision of the public contracting authority concerning the award decision, or has attempted to provide such information.
(2) Section 21 of the Posted Workers Act [Arbeitnehmer-Entsendegesetz], Section 98c of the Residence Act [Aufenthaltsgesetz], Section 19 of the Minimum Wage Act [Mindestlohngesetz] and Section 21 of the Act to Combat Undeclared Work and Unlawful Employment [Schwarzarbeitsbekämpfungsgesetz] shall remain unaffected.
12. Self-purification after responding judgement or legally binding administrative decision based on §124 GWB
In case the tenderer answered with "no" to Question 10 (Declaration pursuant to § 123 of the Act against Restraints of Competition (GWB)), (mandatory criteria) the tenderer shall:
- Describe the process
- Explain why the tenderer is nevertheless able to fulfil the commission for EnBW Group
- State if this information is available electronically
13. Affirmation of paying employees according to the legal requirements
The tenderer shall affirm that his company pays all of its employees according to the legal requirements (in Germany Section 1 Minimum Wage Act). (mandatory criteria)
14. Declaration on required declarations and evidence
The tenderer hereby affirm that with regard to the declarations and supporting documents required of his company, no inaccurate declarations relating to grounds for exclusion or selection criteria were made in the tendering procedure, neither was information withheld; he is aware that the submission of such false declarations and supporting documentation can lead to the exclusion from the tendering procedure/awarding of contract (cf. Section 124 (1) No.8 GWB [Act against Restraints on Competition]). (mandatory criteria)
15. Self-declaration due to Russia sanctions according to Regulation (EU) 833/2014
The tenderer shall confirm the following: (mandatory criteria)
1. The applicant(s) / tenderer(s) do(es) not belong(s) to the referred to in Article 5(k)(1) of Regulation (EU) No 833/2014, as amended by Article 1(23) of Council Regulation (EU) 2022/576 of 8 April 2022 concerning restrictive measures in view of Russia's actions destabilizing the situation in Ukraine, persons or entities having a connection with Russia within the meaning of the provision. The group of persons referred to in Article 5(k)(1) of Regulation (EU) No 833/2014 includes:
a) a Russian national, or a natural or legal person, entity or body established in Russia;
b) a legal person, entity, or body whose proprietary rights are directly or indirectly owned for more than 50 % by an entity referred to in point (a) of this paragraph; or
c) a natural or legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph.
2. Companies participating in the contract as subcontractors, suppliers, or companies whose capacities are used in connection with the provision of proof of suitability, which account for more than 10% of the contract value, also do not belong to the group of persons with a connection to Russia within the meaning of the Regulation.
3. It is confirmed and ensured that also during the contract period no companies involved as subcontractors, suppliers, or companies whose capacities are used in connection with the provision of the proof of suitability are used, which account for more than 10% of the contract value.
4. It is confirmed and ensured that subcontractors, suppliers, or companies whose capacities are used in connection with the provision of the proof of suitability, as for all other subcontractors of the aforementioned, a corresponding self-declaration in the aforementioned sense is also submitted and can be presented to the contracting company upon request.
5.It is confirmed and ensured that any changes regarding criteria under points 1.a) to 1.c) will also be reported immediately to the contracting company during the competitive procedure, the tendering phase and the contract period.
Attached document "Self-declaration_5_Sanctions-regulation" must be filled, signed and uploaded together with the pre-qualification request.
Missing self-declaration will lead to the exclusion from the Tender!
16. Non disclosure agreement / NDA
The contractor shall sign and submit the attached non-disclosure agreement.
17. Technical criteria
1. References to comparable projects or other proof of competence
The tenderer shall provide at least one customer reference for the period from 2017 to 2022 inclusive showing a successful implementation of comparable investigations within the AWZ according to StUK4 2013 and previous versions.
The project reference or proof of competence shall include:
- name of customer or project
- year of contract award
- start and end of work
- scope of services (e.g. impact and expert reports)
- purchase order value
2. Preparation of environmental assessment of impact and expert reports
The tenderer shall confirm that the impact and expert reports will be made in the German language according to the BSH requirements (link has to be inserted)
3. Availability of transport (vessel and plane)
The tenderer shall confirm that the appropriate means of transport are available to carry out the described investigations in accordance with the requirements of the BSH (Standard-Auswirkungen-Offshore-Windenergieanlagen-Meeresumwelt.pdf;jsessionid=AB66465401451743CACA63E52E1C1BAF.live11292 (bsh.de))
4. Quality management system (QM)
The tenderer shall state if its quality management system ISO 9001 or similar is in place and certified. The certification proof is needed.
5. Quality management officer
The tenderer shall state if there is a quality management officer in its company.
If yes, the tenderer shall state the name and contact details of the officer.
6. Evidence of the HSE Management System
The tenderer shall prove by providing a certificate (e.g. ISO 14001:2015, ISO 45001:2018, proof of the offshore expertise of the staff) or an equivalent document that a suitable HSE management system is used in its company.
The ITT documents will be only provided to the qualified tenderers
to be negotiated
jointly liable
Abschnitt IV: Verfahren
Abschnitt VI: Weitere Angaben
Postanschrift: Durlacher Allee 100
Ort: Karlsruhe
Postleitzahl: 76137
Land: Deutschland
Telefon: +49 721-926-8730
Fax: +49 721-926-3985
A review procedure is only permissible if, among other things,
the applicant has recognized the alleged breach of the
procurement rules before submitting the review request and has
complained to the client within a period of 10 calendar days and
the request to initiate a review procedure within 15 calendar
days of receipt of the notification of the client, who does not
want to remedy a complaint, is submitted (cf. in this respect in
detail § 160 paragraph 3 GWB).