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Supplies - 52582-2023
27/01/2023    S20

Germany-Gelsenkirchen: Heat pumps

2023/S 020-052582

Contract notice – utilities

Supplies

Legal Basis:
Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Official name: Uniper Wärme GmbH
Postal address: Bergmannsglückstraße 40
Town: Gelsenkirchen
NUTS code: DEA32 Gelsenkirchen, Kreisfreie Stadt
Postal code: 45896
Country: Germany
E-mail: andreas.reichling@uniper.energy
Telephone: +49 1713358113
Internet address(es):
Main address: https://www.deutsche-evergabe.de
I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://www.deutsche-evergabe.de/dashboards/dashboard_off/34F4CC69-F182-4505-B1BC-773C3001F7EB
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://www.deutsche-evergabe.de/dashboards/dashboard_off/34F4CC69-F182-4505-B1BC-773C3001F7EB
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at: https://www.deutsche-evergabe.de
I.6)Main activity
Other activity: district heating

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

AHEAD - High temperature heat pump system

Reference number: WS920882332
II.1.2)Main CPV code
42511110 Heat pumps
II.1.3)Type of contract
Supplies
II.1.4)Short description:

AHEAD - Contract for the design, manufacture, delivery, installation and commissioning of a high-temperature heat pump system

II.1.5)Estimated total value
II.1.6)Information about lots
This contract is divided into lots: no
II.2)Description
II.2.2)Additional CPV code(s)
42511110 Heat pumps
II.2.3)Place of performance
NUTS code: DEA55 Herne, Kreisfreie Stadt
Main site or place of performance:

listed in the tender documents

II.2.4)Description of the procurement:

Design, manufacture, supply, installation and commissioning of a high temperature heat pump system:

 

The details of the contract can be found in the attached specifications and appendices.

II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value
II.2.7)Duration of the contract, framework agreement or dynamic purchasing system
Start: 15/05/2023
End: 31/08/2024
This contract is subject to renewal: no
II.2.10)Information about variants
Variants will be accepted: yes
II.2.11)Information about options
Options: yes
Description of options:

Option price for the supply of additional high-temperature heat pump system units to meet an additional demand of 20 MWth from 2025.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions:

The declarations and evidence required under III.1.1) must be submitted by the applicant and, in the case of consortia, by all members. Foreign applicants must provide equivalent evidence from the authority/institution responsible for them in their home country. These must be translated into German at the request of the contracting authority, which in this case must be done by means of a certified translation. Missing, incomplete or incorrect proofs and declarations may be subsequently demanded by the client to the extent legally permissible.

The following self-declarations and evidence must be submitted:

- Current extract from the professional or commercial register in accordance with the legal provisions of the country of origin.

- If applicable: joint declaration of applicants. Form I "Declaration of joint application" must be used for this purpose.

- Self-declaration of reliability using form II.

- Declaration on section 19 subsection 3 MiLoG. Form III "Declaration on Section 19 (3) MiLoG" must be used for this purpose. A candidate or a group of candidates may use other companies as subcontractors and/or subcontractors of suitability.

These are to be named using Form XI "List of Subcontractors and Qualifying Lenders". Submission of a self-declaration regarding the absence of sanctioned action under

Use of the form "Sanctions - Self-declaration on the lack of reference to Russia according to Form XV".

III.1.2)Economic and financial standing
List and brief description of selection criteria:

The declarations and evidence required under III.1.2) must be submitted by the applicant and, in the case of consortia, by all members. Foreign applicants must provide equivalent evidence from the authority/institution responsible for them in their home country. These must be translated into German at the request of the contracting authority, which in this case must be done by means of a certified translation. Missing, incomplete or incorrect proofs and declarations may be subsequently requested by the contracting authority, insofar as this is legally permissible.

In all other respects, the provisions set out under III.1.1 shall apply.

The following self-declarations and evidence must be submitted:

- Declaration of business, product and environmental liability insurance in accordance with Form IV with the minimum amounts of cover specified therein of EUR 2,500,000 for personal injury, EUR 2,500,000 for property damage and consequential damage to property and EUR 1,000,000 for pure financial loss.

- Self-declaration of turnover for the three financial years 2019-2021 using Form V.

- Proof that the subcontractors actually have the resources required for the contract at their disposal using form XI "Declaration of commitment of the third party to the suitability loan of economic and financial capacity".

Minimum level(s) of standards possibly required:

The business, product and environmental liability insurance must have at least the following amounts of cover: EUR 2,500,000 for bodily injury, EUR 2,500,000 for property damage and consequential damage to property, as well as EUR 1,000,000 for pure financial losses.

III.1.3)Technical and professional ability
List and brief description of selection criteria:

The declarations and evidence required under III.1.3) must be submitted by the applicant and, in the case of consortia, by all members. Foreign applicants must provide equivalent evidence from the authority/institution responsible for them in their home country. These must be translated into German at the request of the contracting authority, which in this case must be done by means of a certified translation. Missing, incomplete or incorrect proofs and declarations can be subsequently demanded by the Client, insofar as this is legally permissible. In all other respects, the provisions set out in Clause III.1.1 shall apply.

The following self-declarations and evidence must be submitted:

- Self-declaration on the company using form VI .- Self-declaration on company references using form VII.

- Self-declaration of qualification to provide the tendered services in a legally compliant manner in compliance with the laws, ordinances and regulations applicable in the respective country using Form VIII;

- Proof that the subcontractors actually have the resources required for the contract at their disposal using form XI "Declaration of commitment of the third party to the suitability loan of technical and professional capacity". Self-declaration on the non-use of ammonia acc. Form XV

Minimum level(s) of standards possibly required:

Self-declaration on the non-use of ammonia according to Form XV

III.1.4)Objective rules and criteria for participation
List and brief description of rules and criteria:

III.1.6)Deposits and guarantees required:

III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

III.2)Conditions related to the contract
III.2.2)Contract performance conditions:

The minimum criteria according to the specification, clauses 1.1 and 3.3 must be met. The annual availability at system level according to VDI 3423 of 90% must not be fallen short of. Non-compliance with the required minimum criteria or falling below the availability shall lead to the exclusion of the tender.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Negotiated procedure with prior call for competition
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.2)Time limit for receipt of tenders or requests to participate
Date: 20/02/2023
Local time: 12:00
IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date: 06/03/2023
IV.2.4)Languages in which tenders or requests to participate may be submitted:
German
IV.2.6)Minimum time frame during which the tenderer must maintain the tender
Tender must be valid until: 31/07/2023

Section VI: Complementary information

VI.1)Information about recurrence
This is a recurrent procurement: no
VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: Vergabekammer Westfalen
Postal address: Albrecht-Thaer-Straße 9
Town: Münster
Postal code: 48147
Country: Germany
E-mail: vergabekammer@bezreg-muenster.nrw.de
Telephone: +49 2514110
Fax: +49 2514112165
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

The provisions of the Act against Restraints of Competition (GWB) shall apply.

.

With regard to the initiation of review proceedings, reference is made to Section 160 GWB. This reads:

.

(1) The Procurement Chamber shall initiate review proceedings only upon request.

(2) Any enterprise having an interest in the public contract or concession and claiming a violation of its rights under section 97(6) due to non-compliance with procurement rules is entitled to file an application. It must be shown that the enterprise has suffered or is threatened with suffering damage as a result of the alleged violation of the procurement rules.

(3) The application is inadmissible insofar as

1. The applicant has recognised the alleged infringement of procurement rules before submitting the request for review and has not notified the contracting authority within a period of ten calendar days;

2. infringements of procurement rules which are apparent from the notice are not notified to the contracting authority no later than the expiry of the time limit for application or submission of tenders stated in the notice,

3. infringements of procurement rules which are only apparent in the tender documents are not notified to the contracting authority at the latest by the expiry of the time limit for submitting applications or tenders,

4. more than 15 calendar days have elapsed after receipt of the Client's notification that it does not wish to remedy a complaint.

With regard to the information of unsuccessful bidders and candidates, Sections 134, 135 GWB shall apply. In particular, the following applies: Bidders whose tenders are not to be considered for the award shall be informed of this prior to the award pursuant to Section 134 GWB. This also applies to bidders who have not been informed about the rejection of their application was made available before the notification of the award decision was issued to the tenderers concerned.

A contract may not be concluded until 15 calendar days after the Principal has sent this information; in the case of transmission by fax or electronic means, this period shall be 10 calendar days.

VI.5)Date of dispatch of this notice:
23/01/2023