TENDER NOTICE GESTAMP WIND 10 SP. Z O.O.
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1 Warsaw, 17 June 2014 TENDER NOTICE GESTAMP WIND 10 SP. Z O.O. with its registered office in Warsaw, ul. Racławicka 130, registered with the District Court for the City of Warsaw in Warsaw, 13 th Commercial Department of the Polish Court Register, under no. KRS , tax identification (NIP) no , having share capital of PLN 10, fully paid announces a tender procedure and invites requests to participate in a procedure concerning "Construction and electrical works as part of the project Construction of Szerzawy Wind Farm 10 MW together with associated infrastructure (the "Tender Procedure ). 1
2 1. Contracting Party Gestamp Wind 10 Sp. z o.o. ul. Racławicka Warsaw, Poland Nr KRS NIP Website on which the tender documentation is published: Contact person: Karolina Padysz Tel: +48 (22) karolina.padysz@gestampren.com CC: miguel.suarez@gestampren.com; jaime.poves@gestampren.com; carlos.perez@gestampren.com; ignacio.breton@gestampren.com marek.szymanski@gestampren.com 2. Contract award procedure 1) Whereas Gestamp Wind 10 Sp. z o.o. is not obliged to apply the Public Procurement Law of 29 January 2004 (consolidated text: Journal of Laws of 2013 item 907, as amended) the Tender Procedure is carried out under articles of the Civil Code of 23 April 1964 (consolidated text: Journal of Laws of 2014 item 121) based on the principles and provisions of "Tender procedures rules for Gestamp Wind 10 sp. z o.o. with regard to a project financed by a loan from a National Environmental Protection and Water Management Fund dated 17 June 2014 ( Rules ). 2) The Tender Procedure is conducted in the form of a negotiated procedure with publication. By publishing the tender notice ( Notice ), the Contracting Party invites Contractors to submit requests to participate in the procedure ( Request ), after evaluating the Requests invites qualified Contractors to submit tenders on terms and conditions set forth in the Rules, the Notice and the terms of reference ( ToR ) and provides the contract documentation to the Contractors, and subsequently conducts negotiations with one or two Contractors who submitted the most advantageous tenders. 3) Any information presented in the Notice is only for the purpose of submitting tenders in the procedure. 2
3 3. Abridged description of the subject-matter of the contract 1) The subject-matter of the contract is execution of the construction and electrical works (balance of plant) i.e. the construction of a technical infrastructure of a wind farm composed of a set of 5 (five) wind power plants of a total rated power of 10MW, including substation 110kV/MV, roads, crane pads, power cables (30 kv), telecommunications and automatic steering infrastructure, and connecting wind farm to a 110 kv electricity network, together with putting the wind farm into commission and obtaining a final and legally valid occupancy permit. Works should be carried out according to project documentation (construction and detailed design, as well as building permit) provided by the Contracting Party. Project is located in Poland, in Szerzawy, Świślina, Radkowice and Rzepin Pierwszy survey zones, Pawłów Municipality, Starachowice District. 2) A detailed description of the subject-matter of the contract with be presented in the ToR to be provided to Contractors invited to submit tenders. 4. Contract performance term The contract performance term is 12 months from the contract signing date, not later than by 30 September Tender Procedure participation conditions 1) Knowledge and experience Contractors may compete for the contract if they demonstrate: Performance (completion) in the last five years, and if the Contractor's operating period is shorter in such shorter period, jointly: a) at least 3 contracts, each of which should cover the construction of a minimum of 5 foundations for wind turbines of a total minimum rated power of 10 MW, together with roads, crane pads and electricity and fiber optic cables, of a total minimum value of PLN 20,000,000 net or 1 contract for the construction of a minimum of 15 foundations for wind turbines of a total minimum rated power of 30 MW, together with roads, crane pads and electricity and fiber optic cables, of a total minimum value of PLN 20,000,000 net; b) construction of at least 3 electricity substations of a minimum voltage of 110 kv/mv, together with connection to the electricity network, of a total minimum value of PLN 15,000,000 net. The Contracting Party will deem this condition fulfilled if a Contractor additionally submits to the Contracting Party, together with the Request, a specification containing the list of works together with description of the relevant elements of the completed works together with their performance (completion) periods and contracting parties' names, attached as Schedule no. 3 to this Notice. The Contracting Party reserves the right to directly contact the recipients of the work carried out by the Contractor. 3
4 2) Technical potential (persons capable of performing the contract) The contract may be awarded to Contractors who have staff licensed to manage construction works without any limitations, in the following fields: a) at least 1 person holding a construction license to manage construction works without limitations in the construction and building specialisation having at least 3 years' experience in the position of a works manager, construction site manager, or assembly manager acquired during construction of wind farms of a total minimum rated power of 10 MW; b) at least 1 person holding a construction license to manage construction works without limitations in the installation field with regard to grid, electrical installations and facilities and supervision (S) and operations (O) license without a limitation of voltage, having at least 3 years' experience in the position of a works manager, construction site manager, or assembly manager acquired during construction of wind farms of a total minimum rated power of 10 MW, interconnected to a high voltage grid or during construction of a medium-voltage/high-voltage power station; c) at least 1 person holding a construction license to manage construction works without limitations in the road construction specialisation, having at least 3 years' experience in the position of a works manager, construction site manager, or assembly manager acquired during the projects of a value of at least PLN 20,000,000 net. 3) Economic and financial situation The contract may be awarded to Contractors who are in an economic and financial situation that guarantees contract performance. The Contracting Party will deem this condition fulfilled if a Contractor has jointly: a) an average annual turnover for the last 3 financial years of at least EUR 18,000,000; b) funds gathered on a bank account or creditworthiness of EUR 6,000,000; c) third party liability insurance for services which are the subject-matter of the contract for at least EUR 6,000,000. The Contracting Party will deem this condition fulfilled if a Contractor additionally submits to the Contracting Party, together with the Request, part of the financial statements for the last 3 financial years containing data on the annual turnover, bank account statement or a document confirming its creditworthiness (e.g. confirmation from the bank) and a certified copy of the paid insurance policy or another document confirming that third party liability insurance has been taken out for the Contractor's business. 4
5 6. List of statements and documents to be delivered by Contractors in order to be admitted to participate in the Tender Procedure In order to confirm fulfillment of conditions to participate in the Tender Procedure, the following statements and documents should be submitted: 1) the Request, in accordance with Schedule no. 1 to this Notice; 2) a statement: a) on fulfillment of the conditions to participate in the Tender Procedure; b) that no liquidation was opened and no bankruptcy was declared with regard to the Contractor; c) on no capital or personal relations; in accordance with Schedule no. 2 to this Notice; 3) documents confirming fulfillment of the conditions to participate in the Tender Procedure listed in point 5 item 1) and 2) of this Notice in accordance with Schedule no. 3 (Specification of completed works) and Schedule no. 4 (Specification of persons) to this Notice; 4) documents confirming fulfillment of conditions to participate in the Tender Procedure listed in point 5 item 3) of this Notice; 5) confidentiality statement, in accordance with Schedule no. 5 to this Notice. 7. How to prepare the Request 1) The Contractor may submit one Request only. 2) The Request and other statements and documents, the forms for which have been specified by the Contracting Party, should be submitted in the originals in Polish and in compliance with the models attached to this Notice. 3) Together with the Request the following should be submitted: a) the statements and documents required in point 6 of this Notice; b) the documents referred to in point 5 item 3) should be submitted in the form of copies certified as authentic by the Contractor and with a translation into Polish. 4) The Request and the other statements and documents should be signed by a person authorized to represent the Contractor. If the Request or other documents are signed by an attorney-in-fact, the Request should be accompanied by the original of the power of attorney. 5) Amounts given in the documents in currencies other than those indicated by the Contracting Party will be converted at the average exchange rate of the National Bank of Poland on the date on which the Notice was published. 5
6 8. Description of the method of evaluating the conditions to participate in the Tender Procedure 1) Fulfillment of the above conditions will be evaluated in accordance with the formula "meets does not meet, based on information contained in the statements and documents listed in point 6 of this Notice. 2) The attached documents must clearly provide that the Contractor has fulfilled the above mentioned conditions. 3) Number of Contractors to be invited to submit tenders: 10 4) If more than 10 Contractors meet the conditions to participate in the Tender Procedure, 10 Contractors that obtain the most points in accordance with the following criteria: P points = P turnover + P experience The Contractor with the highest average annual turnover over the past 3 financial years receives 50 points. The number of points awarded to subsequent Contractors will be calculated in accordance with the following: P turnover = (turnover of a contractor/highest turnover) x 50 For each construction work specified in point 5 item 1 a) or point 5 item 1 b) hereof above the required minimum (i.e. (i) over 3 works involving the construction of 5 foundations for wind turbines of a total minimum rated power of 10 MW, together with roads, crane pads and electricity and fiber optic cables or (ii) over 1 contract for the construction of a minimum of 15 foundations for wind turbines of a total minimum rated power of 30 MW, together with roads, crane pads and electricity and fiber optic cables, of a total minimum value of PLN 20,000,000 net and over 3 works involving the construction of electricity sub-stations) the Contractor will receive 5 points, while the maximum number of points the Contractor may obtain is 50 (5 x10 works). 9. Deposit Detailed information regarding the deposit will be given in the ToR, to be provided to Contractors invited to submit tenders. 10. Contractor selection criterion The most economically advantageous bid taking into account the criteria laid down in the ToR, e.g. price. 11. Place and time-limit for submitting Requests 1) The Request together with the required statements and documents should be submitted in the seat of the Contracting Party by 1 July 2014, hours 12:00 in a sealed envelope addressed to the Contracting Party's address with a heading: 6
7 "Request to participate in a procedure Construction and electrical works as part of the project Construction of Szerzawy Wind Farm 10 MW together with associated infrastructure. Do not open before 1 July 2014, hours 14:00, [Contractor's name]. 2) Requests will be opened in the Contracting Party's registered office, on 1 July 2014 at 14:00 o'clock. 3) The ToR will be provided together with the invitation to submit tenders to Contractors who meet the conditions to participate in the Tender Procedure and who are ranked 1 to Course of negotiations After examining and evaluating the tenders, the Contracting Party may, in order to obtain more favorable conditions than those presented in the tender, conduct negotiations with the Contractor that submitted the most advantageous tender or with two Contractors who submitted most advantageous tenders. The following schedules constitute an integral part of this Notice: 1. Schedule no. 1 Request to participate in a Tender Procedure; 2. Schedule no. 2 Statement: a) on fulfillment of the conditions to participate in a Tender Procedure; b) that no liquidation was opened or bankruptcy declared with regard to the Contractor; c) on absence of capital or personal relations. 3. Schedule no. 3 Specification of completed works; 4. Schedule no. 4 Specification of persons; 5. Schedule no. 5 - Confidentiality statement. 7
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