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Works - 158514-2022

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Submission deadline has been amended by: 251726-2022

25/03/2022 S60

I.
II.
III.
IV.
VI.

Poland-Warsaw: Engineering works and construction works

2022/S 060-158514

Contract notice – utilities

Works

Legal Basis:

Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses

Official name: Elektrownia Wiatrowa Baltica 2 sp. z o.o.
National registration number: 5272664722
Postal address: ul. Mokotowska 49
Town: Warszawa
NUTS code: PL911 Miasto Warszawa
Postal code: 01-542
Country: Poland
Contact person: Piotr Gowik
E-mail: piotr_gowik@gkpge.pl
Internet address(es):
Main address: https://www.gkpge.pl/
Address of the buyer profile: https://www.gkpge.pl/bip/Przetargi

I.1)Name and addresses

Official name: Elektrownia Wiatrowa Baltica 3 sp. z o.o.
National registration number: 5272664739
Postal address: ul. Mokotowska 49
Town: Warszawa
NUTS code: PL911 Miasto Warszawa
Postal code: 01-542
Country: Poland
Contact person: Piotr Gowik
E-mail: piotr_gowik@gkpge.pl
Internet address(es):
Main address: https://www.gkpge.pl/
Address of the buyer profile: https://www.gkpge.pl/bip/Przetargi

I.2)Information about joint procurement

The contract involves joint procurement

I.3)Communication

The procurement documents are available for unrestricted and full direct access, free of charge, at: https://swpp2.gkpge.pl

Additional information can be obtained from the abovementioned address

Tenders or requests to participate must be submitted electronically via: https://swpp2.gkpge.pl

Tenders or requests to participate must be submitted to the abovementioned address

I.6)Main activity

Electricity

Section II: Object

II.1)Scope of the procurement

II.1.1)Title:

EPC contract for the onshore connection (line and substation part) for OWF Baltica-2 and OWF Baltica -3 Lot 1 and Lot 2

Reference number: POST/BAL/CEO/BZ/00002/2022

II.1.2)Main CPV code

45220000 Engineering works and construction works

II.1.3)Type of contract

Works

II.1.4)Short description:

The subject-matter of the Contract consists in EPC (Engineering, procurement & construction) contract for the project involving the construction of the onshore OWF Baltica-2 Connection and OWF Baltica-3 Connection, which are necessary for power evacuation from the two offshore wind farms OWF Baltica-2 and OWF Baltica-3 with a generating capacity of 1498 MW and 1045.5 MW, respectively. The Contractor shall be required to deliver the subject-matter of the contract in EPC formula.

II.1.5)Estimated total value

II.1.6)Information about lots

This contract is divided into lots: yes

Tenders may be submitted for all lots

Maximum number of lots that may be awarded to one tenderer: 2

The contracting authority reserves the right to award contracts combining the following lots or groups of lots:

The subject of the contract is divided into two lots. The Contractor, by submitting an application, and then the offer, is obliged to apply for both lots at the same time - the Contractor may not submit an application or a tender for only 1 lot. The Ordering Party will select the same Contractor for both lots and sign 2 contracts with the selected Contractor - one contract for each lot.

II.2)Description

II.2.1)Title:

EPC contract for the onshore connection (line and substation part) for OWF Baltica-2 and OWF Baltica -3 Lot 1 and Lot 2 - Lot 1 - OWF Baltica 2

Lot No: 1

II.2.2)Additional CPV code(s)

31321000 Electricity power lines

45231400 Construction work for electricity power lines

45232221 Transformer substation

71320000 Engineering design services

31170000 Transformers

II.2.3)Place of performance

NUTS code: PL63 Pomorskie

II.2.4)Description of the procurement:

The Contractor shall be required to deliver the subject-matter of the contract in EPC formula.

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

Duration in months: 64

This contract is subject to renewal: no

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 1

Maximum number: 5

Objective criteria for choosing the limited number of candidates:

1. The Ordering Party will invite to the competitive dialogue Contractors who are not excluded from the Procedure and meet the conditions of participation in the Procedure for both parts of the Order in the number of 5 (say five) Contractors. The minimum number of invited contractors is 1. In the case of less than 2, the Ordering Party may cancel the procedure.

2.If the number of Contractors who meet the conditions for participation in the Procedure is greater than 5 (say: five), the Ordering Party will invite to the competitive dialogue Contractors who meet the selection criteria and will receive the most points for these criteria in accordance with the description of the criteria in point 4 below.

3.If the number of Contractors who meet the conditions for participation in the Procedure is less than or equal to 5, all Contractors who meet the conditions for participation in the Procedure will be invited to the dialogue.

4.Selection Criteria:

1)The Contracting Authority shall award 1 point for every 3 bays of at least 220 kV, constructed or modified as part of a single construction work on alternating current Gas Insulated Switchgears (GIS) or Air Insulated Switchgears (AIS) in the ENTSO-E Continental Europe synchronous area transmission network – other than that specified as part of the works listed to demonstrate compliance with the condition for participation described in Section 12.6.3.1. para. 1 of the DNR – complete during the period of the last 10 years before the deadline for the submission of Requests to participate in the Procedure, and where the period of business activity is shorter – during that period. The construction or modification (upgrading) of a bay in an alternating current GIS or AIS switchgear will be considered to consist in the installation of fully-equipped circuit-breaker bays and automation, protection, control and telecommunications systems. The scope of work shall also include bay commissioning understood as obtaining a positive result of a voltage and load test that allows it to be put into operation. If there are more than 3 bays in one listed construction work, the Contractor shall be awarded 1/3 of a point for each additional bay. In order to be awarded points, the Contractor may list more than one construction work in which it has built at least 3 bays.

2) The Contractor shall award 1 point for each construction work duly completed during the last 10 years before the deadline for the submission of Requests in the Procedure, and where the period of business activity is shorter – during that period, involving the construction of an alternating current 220 kV or higher voltage cable line in the ENTSO-E Continental Europe synchronous area transmission network.

5. In the event that Contractors are awarded the same number of points for a selection criterion, the Contracting Authority shall take into account, when drawing up the ranking list, the amount of average annual turnover stated in Section 12.6.2.1. of the DNR, admitting to the dialogue Contractors with a higher average turnover, ranked from the highest to the lowest turnover. A Contractor with a higher average annual turnover will be ranked higher on the list.

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes

Description of options:

1. The contracting authority provides for the possibility of exercising the right of option. The options are described in section 9.2 of the Description of needs and requirements.

2. The Ordering Party may, but does not have to, use the Option.

3. The Contractor is not entitled to claim the performance of an order covered by the Option.

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

II.2)Description

II.2.1)Title:

EPC contract for the onshore connection (line and substation part) for OWF Baltica-2 and OWF Baltica -3 Lot 1 and Lot 2 - Lot 2 - OWF Baltica 3

Lot No: 2

II.2.2)Additional CPV code(s)

31321000 Electricity power lines

45231400 Construction work for electricity power lines

45232221 Transformer substation

71320000 Engineering design services

31170000 Transformers

II.2.3)Place of performance

NUTS code: PL63 Pomorskie

II.2.4)Description of the procurement:

The Contractor shall be required to deliver the subject-matter of the contract in EPC formula.

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

Duration in months: 64

This contract is subject to renewal: no

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 1

Maximum number: 5

Objective criteria for choosing the limited number of candidates:

4.Selection Criteria:

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: yes

Description of options:

1. The contracting authority provides for the possibility of exercising the right of option. The options are described in section 9.2 of the Description of needs and requirements.

2. The Ordering Party may, but does not have to, use the Option.

3. The Contractor is not entitled to claim the performance of an order covered by the Option.

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:

1. Contractors who:

1) are not subject to exclusion in accordance with point 12.2 of the Description of needs and requirements;

2) meet the conditions for participation in the procedure in accordance with item 12.7 of the Description of needs and requirements can participate in the proccedure

The conditions for participation for both Lots of the contract are the same and should be met for both Lots of the contract jointly.

2. Contractors who have no grounds for exclusion from the procedure on the basis of the Code of Conduct constituting Annex 5 to the Rules of Tender Procedure by EWB-2 and EWB-3 may participate in the Procedure.

3. In order to confirm that there are no grounds for excluding the Contractor from the procedure referred to in sec. 2, the Ordering Party calls on the contractors to submit, together with the application, through the SWPP2 procurement system, the following subjective means of proof, valid as of the date of their submission: A declaration of compliance with the conditions for participation specified in the Code of Conduct for the the EWB-2 and for the EWB-3 Tender Regulations.

4. In the event of a joint application for the award of the contract by two or more Contractors, the documents referred to in para. 2 is submitted by each contractor separately.

5. If the contractor relies on the abilities or situation of other entitiess (third parties), the documents referred to in para. 2 consists of each contractor and entity providing resources separately.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

The conditions for participation and the manner of their fulfillment have been specified in the procurement documents, in particular in points 12 and 14 of the DNR. If the contractor relies on the abilities or situation of other entitiess (third parties) the use of this abilities is specified in detail in point 13 of the DNR. The conditions for participation for both lots of the contract are the same and should be met for both Lots of the contract jointly

III.1.3)Technical and professional ability

List and brief description of selection criteria:

III.1.4)Objective rules and criteria for participation

List and brief description of rules and criteria:

Assessment of meeting the conditions for participation in the Proceedings and assessment of the lack of grounds for exclusion from participation in the Proceedings will be made according to the formula “meets – does not meet”, based on the information contained in the documents and statements required by the Ordering Party and set out in point 14 of the DNR. The content of the attached documents and statements must show clearly that the Contractor meets the above-mentioned conditions.

III.1.6)Deposits and guarantees required:

1.The Ordering Party at the stage of submitting bids in the procedure requires a bid bond in the amount of PLN 10.00.000,00 together for both Lots

2.The Ordering Party requires that a Contractor whose Offer will be selected, provides a security for the proper performance of the Agreement for both Lots separately, in the amount of 5 (five) % of the total remuneration (gross) of each Lot due to the Contractor under the Agreement.

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

1. The financial and payment conditions for each Lot will be specified in the draft terms of the contract.

2. The final version of the procurement documents for each lot will be prepared after the dialogue with the contractors.

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

1. Contractors jointly applying for the Procurement:

a) are jointly and severally liable for the non-performance or improper performance of the Procurement, as well as for providing a security on due performance of the Agreement;

b) must appoint a representative to represent them in the Proceedings or to represent them in the Proceedings and to conclude the Agreement regarding this Procurement,this fact must result from the documents – all correspondence will be conducted solely and exclusively with the representative;

c) the power of attorney shall clearly indicate which of the Proceedings it applies to, the all Contractors jointly applying for the Proceedings, the details of the representative, as well as the actions that the representative may perform in the Proceedings;

d) before the conclusion of the Agreement, if a Consortium Offer is chosen as the most advantageous, the Ordering Party may request the submission of the agreement regulating the cooperation of these Contractors.

III.2)Conditions related to the contract

III.2.2)Contract performance conditions:

1. The terms of the contract performance for each Lot will be specified in the draft contract provisions.

2. The dialogue conducted is confidential and may relate to all aspects of the contract.

Section IV: Procedure

IV.1)Description

IV.1.1)Type of procedure

Competitive dialogue

IV.1.3)Information about a framework agreement or a dynamic purchasing system

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: yes

IV.2)Administrative information

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 26/04/2022

Local time: 14:00

IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

Date: 23/09/2022

IV.2.4)Languages in which tenders or requests to participate may be submitted:

English, Polish

IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 3 (from the date stated for receipt of tender)

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about electronic workflows

Electronic invoicing will be accepted

Electronic payment will be used

VI.3)Additional information:

1. The procedure is conducted pursuant to the Regulation of tender procedures by EWB-2 and EWB-3 and the "Utility Directive" 2014/25 / EU

2. The criteria for evaluating tenders with their qualification from the most important to the least important are indicated in the DNR. Detailed information on the tender evaluation criteria will be indicated in the invitation to tender.

3. The application should be prepared in accordance with the template attached as Appendix 3 to the description of needs and requirements.

4. The contractor should attach to the Application at least the documents indicated in point 17 of the DNR

5. The application and documents are required to be signed with a qualified electronic signature by the person or persons authorized to represent the Contractor.

6.If the authorization of the signatory does not arise directly from the document attached to the application confirming the contractor's legal status, the application should be accompanied by a power of attorney in electronic form or its digital representation of the paper version (scan) with a qualified electronic signature by the person granting the power of attorney or a notary public.

7. The Ordering Party will open applications in the SWPP2 system without the participation of contractors.

8.The proceedings are conducted via the SWPP2 Procurement System at (http://swpp2.gkpge.pl). The description of the needs and requirements (with attachments) referred to in this announcement is available in the SWPP2 system.

9. To submit an application in the procedure, the contractor is required to register in the SWPP2 system available at (https://swpp2.gkpge.pl). SWPP2 system integrated with the One Place platform of Otwarty Rynek Elektroniczny S.A. The organizer of the procedure informs that when contractors log into the system for the first time, it is necessary to go through the registration path to the One Place suppliers zone. All interested in participating in the procurement procedure, please register without undue delay because the contractor's verification process may take up to 3 days - details on registration and submission of the application can be found in point 25 of the Description of needs and requirements.

10. Protection of personal data: pursuant to Art. 13 sec. 1-2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing personal data and on the free movement of such data and the repeal of Directive 95/46 / EC, the General Data Protection Regulation (hereinafter "GDPR"), we would like to inform you that:

a) the administrator of your personal data is: EWB 2 and EWB 3 sp. z o.o. with headquarters in Warsaw and PGE Baltica sp.z o.o., 00-542 Warsaw, ul. Mokotowska 49;

b) regarding the protection of personal data, you can contact the personal data protection inspectors appointed in the above-mentioned companies, at the registered office of the company indicated above or at e-mail addresses.

11.Specification in section IV.2.6 of the notice - the minimum period during which the contractor will be bound by the offer - 90 days from the date of submission of the offer, a specific date will be given with the invitation to submit offers (in the procurement documents) as it depends on the date of submission of tenders.

12. The Ordering Party does not reserve the obligation to personally perform key parts of the order.

13. The contracting authority provides for one stage of dialogue with contractors, including up to five meetings with each of the contractors.

VI.4)Procedures for review

VI.4.1)Review body

Official name: International Chamber of Commerce Poland
Postal address: Leona Kruczkowskiego 8
Town: Warszawa
Postal code: 00-380
Country: Poland
E-mail: sekretariat@iccpolska.pl
Telephone: +48 224868109
Fax: +48 224587800
Internet address: https://www.iccpolska.pl

VI.4.3)Review procedure

Precise information on deadline(s) for review procedures:

All disputes involving applicants and tenderers arising out of or in connection with the Decisions made by the Ordering Parties during the tender procedure shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“Rules”) without recourse to the ordinary courts of law. The Rules are included as Appendix 6 to the Regulation of tender procedures by EWB-2 and EWB-3.

VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:

21/03/2022

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