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.