Future Charlottenburg (FChb) - Los 4 - EPC light Referenznummer der Bekanntmachung: 2022003172
Auftragsbekanntmachung – Sektoren
Bauauftrag
Abschnitt I: Auftraggeber
Postanschrift:[gelöscht]
Ort: Berlin
NUTS-Code: DE30 Berlin
Postleitzahl: 13353
Land: Deutschland
Kontaktstelle(n):[gelöscht]
E-Mail: [gelöscht]
Internet-Adresse(n):
Hauptadresse: www.vattenfall.de
Abschnitt II: Gegenstand
Future Charlottenburg (FChb) - Los 4 - EPC light
The subject of the overall project "Future Charlottenburg" (FChb) is the construction of a combined heat and power plant (CHP plant) consisting of a two-line gas turbine plant with waste heat boiler and a P2H plant.
The aim of the overall project is to ensure that the new plants have a total generation capacity of at least 240 MWth (incl. approx. 80-110 MWth via a P2H plant) and min. 100 MWel. This objective is to be achieved by constructing a two-line gas turbine system with waste heat boiler and a P2H plant (electrode hot water generator/E-HOBs with total output of approx. 80-110 MWth).
The optimum utilisation of the available space (see spatial conditions under II.2.4) by the Bidders is essential for the contracting entity. Both new installations are intended to replace the old plants currently still in operation. The construction of the new plants is to take place on the premises of the Charlottenburg CHP plant (Am Spreebord 5, 10589 Berlin) in an existing building, which has already been largely gutted, which formerly included a flue gas desulphurisation plant (REA). The new plants must be integrated into the existing infrastructure and integrated into the existing spatial conditions of the existing building. The CHP plant must also be able to be operated with hydrogen in the future. Pre-planning has already been completed and the project is in the approval phase.
This notice is tendered as Lot 4 EPC light for the Future Charlottenburg project.
In addition to the aforementioned Lot 4, the contracting entity intends to award four further lots:
• Lot 1 – General planner (awarded)
• Lot 2 Power Island
• Lot 3 Civil
• Lot 5 E-HOBs
Future Charlottenburg (FChb) - Los 4 - EPC light (referred to as Lot 1 in this document)
Lot 4 "EPC Light" announced here includes the planning, manufacture, installation and commissioning of two waste heat boilers including flue gas bypass and an exhaust gas aftertreatment – if this is required to comply with the relevant emission limit values – at least one space reserve, the connection to the district heating system, the exhaust gas chimneys including emission measurement technology, the fuel gas compressor including the connecting fuel system, the generator discharge line and circuit breaker, the machine transformers (including connection to the 110 kV distribution network), the electrical auxiliary power at the site, the main control system including integration of the other lots (Lot 2 "Power Island" and Lot 5 "E-HOBs"), the technical building equipment (hereinafter referred to cumulatively as "EPC Light").
The contracting entity points out that, overall, the aim of the project for the construction of at least approx. 240 MWth, incl. approx. 80–110 MWth via the P2H plant) and min. 100 MWel must be achieved.
Spatial requirements: The two waste heat boilers must be installed next to each other. A length of approx. 25 m and a clear width of approx. 14.5 m is available in the existing building. The hall height is limited to 23 m. The waste heat boilers and the chimneys are based in the cellar at -4 m. The water-carrying parts must not exceed 10 m above ground level. Further details can be found in the tender documents.
For further explanations, see VI.3.B as well as subsequent tender documents
Abschnitt III: Rechtliche, wirtschaftliche, finanzielle und technische Angaben
See further notes under VI.3.
Together with the participation request, the Bidder must also submit proof of compliance with the following conditions and in written form (every Bidder 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)
Register B) [MINIMUM REQUIREMENT]
Current entry in the professional or trade register of the country of origin or submission of
written confirmation of this.
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) [MINIMUM REQUIREMENT];
Current evidence from the social insurance agency of payment of health insurance premiums, accident insurance premiums and pension contributions or equivalent written confirmation from the country of origin or provenance.
Register E)
Current extract from the Register of Companies
Register F) [MINIMUM REQUIREMENT];
Declaration of mandatory and facultative 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). The Bidder should use the form available from the contact point (see Point I.1) for the notice.
Register G) [MINIMUM REQUIREMENT];
Declaration by the Bidder that they have read and understood Vattenfall's Supplier Code of Conduct. The Code can be found under
"Our Code of Conduct for Suppliers"
http://corporate.vattenfall.de/uber-uns/beziehungen-zu-lieferanten/
The Bidder further declares that they will perform their services in accordance with the UN Global Compact principles, and commits themselves to monitor both themselves and their suppliers/subcontractors constantly to ensure that performance is maintained and complies with these principles. The Bidder 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.
Register H) [MINIMUM REQUIREMENT];
Declaration of VO-2022-833 (Russia sanction). The Bidder should use the form available from the contact point (see Point I.1) for the notice.
List and short description of the qualification criteria:
(See further notes under VI.3).
Every Bidder and every member of a bidding consortium must submit the documents mentioned in III.1.2) Register L of the contract notice.
The evidence mentioned in III.1.2), Register I, J and K of the notice need only be submitted once by each Bidder or bidding consortium.
Register I)
Proof of the existence of 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 20 million per insurance event and twice in the insurance year. In addition, environmental damage insurance with a coverage of EUR 10 million per insured event and year must be in place and proven.
Register J) [MINIMUM REQUIREMENT];
The Bidder must prove their financial capacity by demonstrating, among other aspects, that the average annual turnover for the last 2 closed financial years amounts to at least double the value of the contract relating to this contract notice.
Register K) [MINIMUM REQUIREMENT]
Confirmation to the effect that, should they be awarded the contract, the Bidder is willing and able to 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.
Register L) [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 contracting entity shall carry out a credit check to determine the financial and economic capacity of the Bidder. The Bidder is considered to be financially suitable if the credit check shows that the Bidder 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 Bidder 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 candidate must also be proportionate to the value of the contract and there must be a positive outlook that the candidate will be able to maintain its financial fitness during the term of the contract.
Insofar as the Bidder 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 L and N
(c) Evidence that the third party will actually make the resources required for the contract available to the Bidder 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 an contract being awarded, the latter is willing, in addition to III.1.2.) Register M (which is only to be provided by the Bidder), to provide a guarantee for the entire scope of services of the Bidder (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 contracting entity reserves the right – without being obliged to do so – to request additional documents/information from the Bidder (or from the third party in the case of borrowed capacity) and/or to conduct information discussions when examining the financial suitability of the Bidder. This may be the case in particular – without being limited to this – if the contracting entity has information on the creditworthiness of the Bidder from the market/generally accessible media, etc., which contradicts the documents submitted or requires clarification.
(See further notes under VI.3).
Every Bidder and every member of a bidding consortium must submit the documents mentioned in III.1.3 III.1.3), Register N, Q, R and S of the notice.
The evidence mentioned in III.1.3), Register M, O and P of the notice need only be submitted once by each Bidder or bidding consortium.
Register M)
Reference information on at least three projects from the last 10 years with comparable services as defined in II.1.4 and II.2.4 with the tendered service.
The Bidder must use the form (reference form) available from the contact point (cf. Point I.1) of the notice) for each reference.
The Employer is entitled to take into account their own experience with the Bidders in similar projects. If negative experiences demonstrably exist, the Employer may invite the Bidder to a face-to-face meeting to discuss the situation. If the Bidder is unable to demonstrate their fitness in the course of this meeting, despite the Employer's own bad experiences, the Employer is entitled to rule out the Bidder as unfit.
Register N)
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 O)
Proof of the existence of an environmental management system (e.g. DIN EN ISO14001:2005-06) or equivalent in the Bidder's business.
Register P)
Proof of the existence of an environmental management system (DIN EN ISO50001:2018 or equivalent).
Register Q) [MINIMUM REQUIREMENT]
The Bidder shall fill in an HSE questionnaire. The list of questions is provided by the contact point (cf. Section I.1)).
The Bidder must comply with the HSE 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 Bidder must achieve a minimum score of 16 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).
Register R)
Indication of the number of persons employed on average in each of the last 3 closed financial years, broken down into trades/fields of activity
Register R) [MINIMUM REQUIREMENT]
Confirmation by the Bidder by self-declaration, that they are able to
a) perform the contract, including all documentation and correspondence, in German.
b) provide project managers who speak fluent business German (min. C1 or similar), in sufficient numbers to perform the contract
c) acting supervisors on site who are fluent in German (at least B1 or similar).
see contract documents
see contract documents
see contract documents
Bidding consortia are permitted provided that the Bidders declare that the formation of the bidding consortium does not constitute an offence under Section 1 of the Act against Restraints of Competition (GWB) (self-declaration). Consortia can only be formed up to the submission of bids.
The bid must be signed by all members of the bidding consortium. A lead member is to be appointed. Their powers must be specified. The consortium declaration shall include that the members of the consortium are jointly and severally liable.
Abschnitt IV: Verfahren
Abschnitt VI: Weitere Angaben
A. Formalities applying to tenders
1. The tender must be submitted in written form electronically at: https://root.deutsche-evergabe.de/portal/
Use of the portal deutsche-evergabe.de is free of charge for Bidders and Bidders of Vattenfall projects.
Requests to participate can be submitted there.
Requests to participate by post, fax or email will not be accepted.
2. All evidence of compliance with the conditions of participation must be uploaded at the appropriate location (section "Own Appendices") and with the name of the file for easier verification. The corresponding file names should start with "Reg_" (Reg_ = respective register), contain abbreviations on the content and company, do not exceed a length of 60 characters and a size of 20 MB.
(For example: "Reg_A_UN-Praesent_Fa_XXXXXXXXXX_2021_XX_XX").
"K.O. criteria" are minimum conditions, while items marked "Mandatory" must be entered.
The bid is to be divided in accordance with the numbering in Section III.1. and should contain the information requested in the respective sections. The contracting entity reserves the right to disregard information not contained in the sections specifically provided for this purpose. References to previous tenders will not suffice for the purpose of verification.
3. The term "current" in Section III.1. means that the date of issue of the third-party confirmation in question must not be longer than 12 months prior to the date of publication in the Official Journal of the EU.
4. The obligation to submit third-party confirmation does not apply if and insofar as no such register is kept or registration is unnecessary. The onus is on the Bidder to prove and explain this.
In this case, the Bidder must submit the required information for checking the register in question (III.1.1. to III.1.3.) in the form of other documents or self-declarations. The contracting entity is free – without being obliged to do so – to request additional documents and information for clarification. This also applies to minimum conditions.
5. For the purposes of Point 4 above, foreign Bidders are still required to submit such third-party confirmation. Their equivalence must be proven. To this end, exhaustive presentation is expected. It should be pointed out here that the entire tender must be written, including the respective evidence and annexes.
6. Even as part of a bidding consortium, an Bidder may rely on the capabilities of other companies in proving their fitness: .
a) Bidders wishing to avail themselves of such borrowed capacity (not possible for reliability in accordance with Section III.1.1.), must immediately name the subcontractors whose capacity they are borrowing and submit the relevant evidence for Sections III.1.1. to III.1.3. for the subcontractors together with the request to participate, this submission requirement being limited to the part of the services to be provided by subcontractors. In this case, the Bidder must prove that the subcontractor will provide them with the necessary resources (e.g. in the form of a letter of commitment).
b) Any other subcontractors (whose capacity is not borrowed) need not be named in the request to participate initially and the proof in accordance with Sections III.1.1. to III.1.3. need not be submitted initially for the subcontractor. The proportion contracted out alone must be indicated.
However, the contracting entity reserves the right to require other Bidders/Bidders who are shortlisted for further participation in the process and plan to use subcontractors, before the end of the competitive bidding or throughout the rest of the process, to name such subcontractors and to submit the aforementioned evidence in respect of their share of the services.
7. The contracting entity reserves the right – without being required to do so – to demand declarations and evidence (including for the minimum requirements) at a later date. Moreover, the contracting entity reserves the right to demand a personal introduction to an Bidder or to inspect the Bidder's business or a reference project, e.g. in order to verify the validity of the self-declarations. The Bidder is not entitled to make any additional demands or demand a personal introduction.
8. The contracting entity reserves the right – without being required to do so – following the selection of Bidders and submission of tenders, if the situation so justifies, to carry out an audit of individual Bidders in the form of sustainability risk assessments. Justification for this includes a situation where the Bidder is based in a CSR high-risk country or its production facilities are situated there. A list of high-risk countries can be found under:
"CSR Country risk classification“
http://corporate.vattenfall.de/uber-uns/beziehungen-zu-lieferanten/
If it is discovered in the course of such an audit that self-declarations issued by the Bidder in the course of the tendering process are inaccurate, the contracting entity is entitled to exclude the Bidder from further competition.
9. The Employer reserves the right to exclude applications which do not meet the minimum requirements and/or deadlines from the further process, without further checks.
10. By submitting the request to participate, the Bidder declares that they agree to a change of Employer. The possibility cannot be ruled out that a different company may become the Employer in the course of the tendering process.
11. Questions are to be submitted exclusively via the eVergabe question-and-answer tool. The contracting entity will endeavour to answer promptly.
12. If and to the extent to which it is permitted by law, qualification criteria may also be demonstrated using a standard European self-declaration.
13. The Bidder – each individual member in the case of bidding consortia – must sign a confidentiality Agreement, the Bidder should use the form available from the contact point (see Point 1.1 of the notice) for this purpose.
B. Tendering process and specifications for the awarding of contracts
The specifications for the tendering process can be found in the call for tenders. In the interests of ensuring maximum transparency, the contracting entity will nevertheless announce a number of general guidelines in advance, which cannot be required to be complied with and are therefore subject to clarification and change within the context of the call for tenders:
1. In the case of tenders to be submitted subsequently, which – based on the award criteria – prove to be significantly inferior to the competition financially speaking, following the submission of the tenders, the Employer may decide to exclude the Bidder in question from further negotiations (elimination).
2. The awarding of contracts is subject to approval by the boards of the Employer.
3. The awarding of contracts is subject to existing official permits.
4. The awarding of contracts is subject to the performance of the services on economically feasible terms, to be established by the contracting entity.
5. Due to the classification of the subject matter of the contract as critical infrastructure and the particular hazard potential of the place of performance at the existing Charlottenburg power plant site and the resulting risks to public safety in the event of a failure or impairment of the supply security of the population with electricity and district heating, the contracting entity makes use of its right pursuant to Section 41 (4) SektVO and will only make the complete award documents available to those Bidders who are requested to submit a tender. This measure is the only way to effectively protect the confidentiality of information.
6. Information on scheduling
For technical and organizational reasons, it is planned to commission Train 1 and Train 2 with a time lag of at least 12 months, according to the anticipated planning: construction from 2024; acceptance: Train 1 in 2026, Train 2 in 2027.
Further details can be found in the tender documents
7. The contracting entity reserves the right to specify further options in the tender documents.
Postanschrift:[gelöscht]
Ort: Berlin
Postleitzahl: 10825
Land: Deutschland
E-Mail: [gelöscht]
Telefon: [gelöscht]
Fax: [gelöscht]
Precise information on deadline(s) for lodging appeals:
In accordance with Section 160(3) clause 1 Nos 1 to 4 of the GWB, requests for a review are not permitted
(a) where the Bidder has identified the alleged infringement of public procurement rules before
submission of the review request and did not submit a complaint to the Employer
within a period of ten calendar days; the expiry of the
time period according to Section 134 (2) remains unaffected (Section 160 (3) clause 1 No.1 GWB)
b) where violations of procurement rules, recognised on the basis of the notice, are not reported by the deadline for submitting offers or application to the Employer specified in the notice (Section 160(3) clause 1 No. 2 GWB).
c) where violations of procurement rules, first recognisable in the tender documents, are not reported by the deadline for submitting tenders or application to the Employer specified in the notice/call for tenders (Section 160(3) clause 1 No. 3 GWB).
d) where more than 15 calendar days have elapsed after receipt of notification from the Employer that they do not intend to remedy a complaint (Section 160(3) clause 1 No. 4 GWB).
Postanschrift:[gelöscht]
Ort: Berlin
Postleitzahl: 10825
Land: Deutschland
E-Mail: [gelöscht]
Telefon: [gelöscht]
Fax: [gelöscht]