Development and Service and Maintenance for the Optimisation Module (AOF) for the MARI Platform (Lot 1) and the Data Management Module for the MARI Platform (Lot 2)

Kurze Beschreibung

Manually Activated Reserves Initiative (MARI) is the European implementation project for the creation of a European platform for the exchange of balancing energy from frequency restoration reserves with manual activation (mFRR), as required by the Electricity Balancing guideline (Commission Regulation (EU) 2017/2195), which defines tasks and a timeline for the implementation of the European mFRR platform. The MARI platform shall be capable of gathering offers for mFRR provision from participating TSOs’ local balancing market, and provide an optimised selection of reserves to cover the TSOs demands.

Amprion is not a contracting authority or sector contracting authority within the meaning of public procurement law. In the present case, Amprion is exceptionally issuing a public invitation to tender, as the service to be procured also meets the needs of other transmission system operators who are subject to public procurement law.

Zusätzliche Informationen

(a) Questions and answers:

Potential applicants can send questions to the contracting authority up to maximum 4 calendar days before the application deadline. Should the questions or answers be of interest to all potential applicants, they will be made available in anonymous form at the URL address given (see point I.3).

A non-observance of these questions and answers may result in exclusion from the procedure.

(b) Procurement documents

For reasons of confidentiality, Annex 5 "Zip-Datei mit Technischen Anlagen" is transmitted only after submission of a NDA within the application procedure. The contracting authority reserves the right to refrain from transmitting the NDA and the confidential documents in the event of obviously abusive requests.

Continuation of point III.1.4) Objective rules and criteria for participation:

c) General explanations on the content of the request to participate.

(1) ‘Current’ means not older than 6 months backdated from the date of Expiry of the participation period.

(2) If an applicant cannot present a third-party certificate, e.g. a register entry, a comparable third party certificate has to be submitted. Furthermore, the applicant has to prove the comparability by an additional explanation.

(3) In principle, applicants must submit the required declarations/ evidence in German or English or in an officially certified translation. If a declaration/ evidence cannot be submitted at all, the applicant has to state the reasons for this, submit a comparable declaration/ evidence and explain - in German or English - why the comparability exists.

(4) Consortium: Together with the request to participate, the consortium must submit a legally binding declaration signed and completed by all members of the consortium. Particular attention must be paid to the aspect of compliance of the formation of the consortium with cartel law. Each member of the consortium must submit the proof of suitability in accordance with III.1.1.

The members of the consortium must jointly submit the proof of suitability in accordance with III.1.2) and III.1.3). This applies to a limited extent to the declarations and proofs under III.1.3) if the consortium provides for a division of tasks and if, for example, certain references can only be submitted by one member of the consortium; any limited submission of declarations and proofs must be explained by the consortium in an annex to the consortium declaration. The same rules apply to consortiums as to applicants.

(5) Reliance on the capacities of other companies: Applicants may where necessary rely on the capacities of other entities to fulfil the economic and financial selection criteria (see above III.1.2) . In this case, the latter shall provide a declaration of commitment in the application stating that the resources will be available for the project. However, with regard to the technical and professional selection criteria (see above III.1.3) the applicant may rely on the capacities of other entities only where the latter will perform the services for which these capacities are required.

(6) The contracting entity Amprion GmbH is neither a contracting authority within the meaning of section 99 of the German Act against Restraint of Competition (GWB) nor a utility entity with the meaning of section 100 GWB. Thus, it has generally neither to apply the GWB’s provisions on public procurement (section 97 GWB et seq.) nor the Utilities Ordinance (Sektorenverordnung – SektVO); cf. Higher Regional Court Munich, decision of 28 August 2019 – Verg 15/19 and decision of 9 March 2020,Verg 27/19. In the public procurement procedure at hand, Amprion does not exclusively procure services for its own purposes but also for the purposes of the other MARI project partners. As the majority of MARI project partners are European TSO and, hence, contracting authorities or utility entities, Amprion has to apply the provisions of the GWB and the SektVO in this exceptional case.