CIV 2: Marine Construction of WTG Foundations Package

Zusätzliche Informationen

A) Substantiating information to be supplied as part of your application.

The Respondents Application shall contain all information as listed below. Information is to be provided in the format and order as described with clearly marked tab sheets. The structure of the electronic version of the application shall follow the numbers of sections and paragraphs of this request and shall include all listed information including scans of original signed documents and declarations.

1. Respondents Name, including legal form and full address of incorporation. In case Respondent is a Joint Venture or consortium, please include this information for each participant.

2. Detailed contact information of the person responsible for the communication on behalf of the Respondent.

3. Respondents organizational structure, including shareholder and grouping structure and parent/holding company structure if applicable (please include comprehensive organization charts including legal entity names and relations). In case Respondent is a Joint Venture or consortium, please include this information for each participant.

4. In case Respondent is a Joint Venture: please include all information as listed below in the section ‘Joint Venture'.

5. General company information, including history and current business outline. In case of a Joint Venture, please include this information for each participant, but in particular for the Joint Venture itself.

6. All information listed in the minimum requirement section above to be supplied as part of your Application. Please make clear references to each minimum requirement the information is related to.

B) Additional requirements and information.

B)1 Joint venture requirements.

If the Respondent is a Joint Venture of two or more legal entities (herein referred to as “Joint Venture” or “JV') whether incorporated or unincorporated - the following additional requirements apply:

1. The obligations, risks and liabilities imposed on the Respondent by the tender process and / or by any agreement as a result of this tendering process, if awarded, shall be guaranteed by the partners in that Joint Venture jointly and severally. The Respondents Application and any resulting tender and/or agreement shall be signed for each of those parties by the person or persons authorized to make legally valid commitments;

2. At Conditional Contract Award, the Respondent shall submit proof that the agreement amongst the Joint Venture partners provides that:

a. if a Joint Venture partner goes into liquidation or has a receiving order issued against it, such partner will consent to, and the other partner(s) shall procure that all construction equipment, including without limitation tools, computer programs, and software furnished by the partner in question, and all subcontracts entered into by it, shall continue to be available, or, as the case may be, shall be assigned to the other partner(s), and

b. the structure and membership of the Joint Venture shall be maintained throughout the validity period of the tender and/or agreement;

c. Statement to evidence that the Joint Venture is registered in the register of companies.

3. The following information shall be included in the Respondents Application:

a. the full legal name, interest and role of each of the partners in the Joint Venture;

b. the full legal name of the partner nominated to act as manager of the Joint Venture and who, in such capacity, is authorized or shall be authorized to incur liabilities and enter into contractual relationships with third parties, including settlement of any disputes hereunder, to receive and act upon instruction from Vattenfall, to make and receive payments, all on behalf of the Joint Venture.

c. Statement to evidence that the Joint Venture partners are jointly & severally liable.

d. Statement of consent of the parent of each Joint Venture partners that the respective subsidiary has entered into the Joint Venture for the purpose of this Contract.

e. Each Joint Venture partner shall have the reputable and healthy financial standing necessary to execute the announced Contract with the corresponding risk profile. In case of a Joint Venture the yearly combined turnover average over the last three years will be minimal 3 (three) times of the value of the Contract. To evidence the aforementioned, full audited, consolidated annual reports, including management report and explanatory notes and with a non-qualified auditor opinion, for the most recent three years for each of the Joint Venture partners. Additionally each Joint Venture partner shall provide financial information that relates specifically to the field of business related to the scope of the announced Contract.

f. Statement of willingness from each of the Joint Venture partners that at contract award, each is willing to issue performance bonds of approx. 15% of the price of the works, valid until take over of the works, in a form and amount acceptable to Vattenfall and issued by an independent third party bank with a minimum A-/A3 (rating by Standard Poor's and/or Moody's). Price of works means the agreed net amount to be stated in the contract for design, execution and completion of the works and the remedying of any defects and excludes adjustments (if any) in accordance with the contract. Each Joint Venture partner must also declare its willingness to issue performance bonds of approx. 5% between take over of the works and end of the defects notification period.

g. Statement of willingness from each of the Joint Venture partners that at contract award, each is willing to issue security for any advance payments with advance payment bonds in a form and amount acceptable to Vattenfall and by an independent, third party bank with a minimum rating of A-/A3 (rating by Standard Poor's and/or Moody's).

4. The Joint Venture shall remain unchanged throughout the whole procedure for the settlement of Contract. If unforeseen circumstances require a change in the composition of such consortium, the awarding entity may allow such change at its sole discretion provided that the change does not distort competition amongst the Tenderers.

B)2 PREQUALIFICATION WITH SUBCONTRACTOR(S)

If the Respondent wishes to prequalify with one or more subcontractors, the following additional requirements apply:

1. All subcontractors individually need to meet the Company Requirements III.2.1).a. through III.2.1.f. The required documentation of these subcontractors as stated within these requirements shall be included in Respondents Application.

2. The Respondent shall clearly state for which of the requirements of III.2.2 and or III.2.3 he wishes to use the subcontractor(s). The required documentation of these subcontractors as stated within these requirements shall be included in Respondents Application.

3. The proposed subcontractor(s) may not be changed after the prequalification. However, a change may be allowed with prior consent of the Contracting Entity.

4. The respondent is allowed to prequalify with two or more subcontractors for the same scope of work. I such case all required documentation within III.2.1, III.2.2 and III.2.3 for every single subcontractor shall be included in Respondents Application,

5. Prior to contract award the Respondent shall proof evidence of a signed agreement between Respondent and subcontractor(s) to guarantee the availability of the subcontractor(s) for the project.

B)3 Other additional requirements and information.

1. In case Respondents belong to the same group company and/or consortium of service providers and are affiliated to each other by way of consolidated annual accounts or in any other financial-administrative sense, only one of the parties shall be allowed to respond to this Announcement.

2. The Respondents Application and all annexed documents shall be written in English.

3. Under no circumstance shall Vattenfall be liable for any costs or expenses, incurred by the responding party in connection with the Respondents Application or any resulting tendering procedure.

4. Vattenfall reserves the right to suspend or terminate this tendering process either entirely or parts thereof, either temporarily or definitively. In addition, Vattenfall has no obligation to enter into any agreement.

5. By participating in this tender, the Respondent declares that he unconditionally agrees with the content of this Request For Qualifications.

6. Confidentiality to be observed by the Respondent

By participating in the tender, the Respondent undertakes to keep all information that he receives from the Contracting Entity – insofar as such is not available in the public domain – and all information they either submit to the Contracting Entity or otherwise produce in the context of the tender, as confidential and not to disclose such information to third parties.

Respondent may provide his employees or contractors who are involved in the tender with such information provided the confidentiality clause is imposed upon them. This obligation does not apply if the contrary expressly appears from this Request For Qualifications or Invitation to Tender or other official communication from the Contracting Entity. The Respondent will continue to be bound by the Non Disclosure Agreement (NDA) entered into between the Respondent and the Contracting Entity.

7. Confidentiality to be observed by the Contracting Entity:

The Contracting Entity shall not reveal the confidential information supplied by a Respondent at his own initiative to other Respondents without the express consent of the respondent in question. By participating in the tender, possible intellectual property rights to which the Respondent is entitled do not pass to the Contracting Entity, unless otherwise agreed.

8. Respondents that do not comply with the requirements as set out in this Request For Qualifications shall be excluded from further participation in this Tender.

9. The Contracting Entity is authorized to verify the references given, including by requesting Respondents that declarations made by employers of the quoted reference projects will be sent directly to the Contracting Entity, or by asking for audited statements. The Contracting Entity may also require the Respondents to supplement or clarify the certificates and documents submitted.

C) Unconditional grid access

As a result of issuing the application for unconditional grid access the Contracting Entity had to proof sufficient evidence, that the project ‘Sandbank' will be built, according to the ‘Positioning Paper BNetzA 2009, Section 2.1.2 ‘ (http://www.bundesnetzagentur.de/cln_1931/DE/Sachgebiete/ElektrizitaetGas/Sonderthemen/AnbindungOffshoreWindparks/AnbindungOffshoreWindparks_node.html). Therefore the Contracting Entity has entered into three ‘pre-agreements' with contractors (as of now called Contracted Parties) for the main components. These three ‘pre-agreements' have been presented to the Transmission System Operator as such evidence.

The ‘pre-agreements' encompasses the principle that in case this tender process fails to yield bids, the Contracting Entity can enter into a ‘main component' supply contract subject to mutual agreement. (Positioning Paper BNetzA 2009, Section 2.1.2 Criteria 4b)

The main components are:

OSS (Offshore Substation): a preliminary agreement has been signed for the construction of the substation including foundation

Inter Array Cables: a preliminary agreement has been signed for the supply of the cables

Foundations: a preliminary agreement has been signed for the construction of the foundations

As the ITT for these components / lots had not been prepared at the time, no technical, commercial or other project information on these components / lots was made available by the Contracting Entity to these Contracted Parties, other than such information as was already available to the general public or information with respect to the time schedule that will be made equally available to all tenderers.

The Contracting Entity wishes to be transparent in this matter to ensure all Respondents that there is no advantage for any of the Contracted Parties.

A reservation fee has been paid to all Contracted Parties which can not be reimbursed by the Contracting Entity. This fee can not and will not be discounted from any tender offer obtained from any of the Contracted Parties if these parties submit a tender after having been qualified by submitting an Application and fulfilling the requirements. The Contracted Parties for the preliminary agreements will have to follow the same qualification and tender process as every other Respondent, the same requirements will apply which will be equally assessed like every other Respondent.

Kurze Beschreibung

The whole project consists of 96 WTGs, WTG Foundations, Inter Array Cables and an Offshore Substation (OSS). The wind farm is located in the German Bight, 90 km west of the island of Sylt, in the German Exclusive Economic Zone (EEZ). The location provides water depths between 25 and 34 meters. The Sandbank project is equipped with an irrevocable permit. In a first construction phase 288 MW will be realized.

Kurze Beschreibung

The scope of work of this tender includes marine construction, installation, transportation including harbour facilities of the monopiles and transition pieces for the wind turbines, including installation vessel. The time limit for the completion of this scope of work will be early 2016.

Befähigung zur Berufsausübung

Information part of the Respondents Application: Own declaration stating no conviction relating to one of the grounds mentioned in § 21 para 1 Sector Ordinance (SektVO) happened and that none of the circumstances mentioned in § 21 para 4 Sector Ordinance (SektVO) are present in the company of the Respondent.

Wirtschaftliche und finanzielle Leistungsfähigkeit

i. Respondent or its parents in case of III.2.1)g., shall have the reputable and healthy financial standing necessary to execute the announced Contract with the corresponding risk profile. The yearly turnover average over the last three years will be minimal 3 (three) times the Estimated Contract value.

Wirtschaftliche und finanzielle Leistungsfähigkeit

Information part of the Respondents Application: Full audited, consolidated annual reports, including management report and explanatory notes and with a non-qualified auditor opinion, for the most recent three years for the Respondent and in case of III.2.1)g., its parent. In case of a Joint Venture, please include this information for each partner. Additional financial information must be provided that relates specifically to the field of business related to the scope of the announced contract.

Technische und berufliche Fähigkeiten

m. Respondent shall be an established and experienced contractor for projects of comparable work scope, comparable size and complexity as described in section 5 ‘Project and scope'. Respondent has been actively involved in at least two projects of comparable work scope and similar size and complexity in the last 5 years.

Technische und berufliche Fähigkeiten

Information part of the Respondents Application: Clear and comprehensive description of the organization of, and responsibility for each activity. In case Respondent is a Joint Venture, please clearly describe which responsibility is assigned to each participant.

Informationen zu Fristen für Nachprüfungsverfahren

Appeals have to be done immediately, the unknown element of an offence “immediately” is fixed on 5 calendar days. Precise information on deadline(s) for lodging appeals: According to § 107, para 3 No. 2, 3 and 4 of the Law against Restricted Competition (GWB), the deadline for the initiation of review proceedings before the Public Procurement Board ("Vergabekammer") is 15 calendar days after receiving notification of the Employer that he will not remedy a complaint.