Public Procurement of Wind Turbines, Service and Availability

2013-05-03 Dnr: 2013/0028-973 TBAB

_ - Public procurement of wind turbines, service and availability

______

Rambo AB, Tanums kommun and Tanums Bostäder AB

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1. BACKGROUND AND INFORMATION ABOUT THE PROCUREMENT

1.1 Background By advertisement, ID 3386457, published in the Official Journey of the European Union (”EUT”) Tanums kommun, Tanums Bostäder AB and Rambo AB (“Purchaser”) have commenced a procurement regarding wind turbines, service and availability. The advertisement refers to “Invitation to apply for participation” (this document) which complements the information given in the advertisement and is directed to all companies (“Applicants”) interested of participating in this procurement.

1.2 Contract awarding authorities Tanums kommun is a municipality in the north of Bohuslän county with approximately 12 300 inhabitants. Tanums Bostäder AB is a housing enterprise wholly-owned by Tanums kommun. Tanums Bostäder AB offers rented apartments and premises in Tanumshede, Grebbestad, Fjällbacka and Östad in Sweden. Rambo AB is a company owned by the municipalities of Tanum, Sotenäs, Lysekil and Munkedal. Rambo AB is responsible for transporting and taking care of waste in these municipals.

1.3 The scope of procurement The wind farm site is located in the municipality of Tanum in Bohuslän, Sweden. The permission allows a wind farm with maximum four (4) wind turbines but due to limited grid capacity one (1) wind turbine will be built at this moment. Through this procurement the Purchaser is purchasing one (1) wind turbine and also a long term “all inclusive” service and availability agreement (“SAA”). The tenderer who submits the most economically advantageous tender in the procurement will be awarded the contract.

1.4 General specifications Wind Turbine Generator  Nominal power at the grid terminals, max 3MW  Voltage, 10 KV with possibility to change to 20kV  Frequency 50 Hz  Maximum 150m tip height allowed  Control reactive power from an fixed PQ-curve  Opportunity to switch to a max 2MW mode during summer period specified as an interval in calendar days  A vibration monitoring system that carries out precise on-line vibration diagnostics for main components in the WTG’s, such as gearbox, generator and main shaft bearings, shall be included

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 Aviation warning lights shall be included and shall comply with applicable Swedish laws and requirements from Swedish authorities  Shadow detection and shadow monitoring equipment shall be included to limit shadowing of dwellings  Deicing of blades shall be quoted as an option

SAA  The SAA shall be an “all inclusive” agreement  All equipment delivered by the Supplier shall be covered by the SAA  Availability shall be warranted calculating energy.  The Scope of supply and work shall include o SCADA remote monitoring 24hrs per day and 365 days per year and take actions when needed o During normal working week monitor and control of the Vibration Monitoring System and propose/take actions when needed o Make data from Vibration Monitoring System continuously available to Purchaser o Monthly reporting o Scheduled service and maintenance o Unscheduled- service and maintenance o Wear and tear

1.5 Preliminary time schedule and the process of procurement This public procurement will be carried out as a negotiated procedure in accordance with the Swedish Public Procurement Act (2007:1091) (“LOU”).

Key Activities and Milestones Planned Date

Advertisement of the procurement 3 May 2013

Invitation to apply for participation will be available 3 May 2013

Last day for questions 3 June 2013

Last day to submit application 10 June 2013

Invitation to tender will be made available for qualified 11 June 2013 Suppliers (“Suppliers”)

Last day to submit tender 16 August 2013

Award decision 15 November 2013

Signing Turbine Supply Agreement (TSA) and SAA 26 November 2013

Turbine Supplier has full access to the site 1 October 2014

Electrical connection available 1 October 2014

Turbine take over 10 December 2014

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1.6 Submission of application The application to participate shall be submitted in a sealed letter labeled “Procurement of wind turbines, service and availability” no later than 10 June 2013 to Tanums Kommun, attention Paula Kellett, 457 81 Tanumshede, visiting address Apoteksvägen 6, Tanumshede.

The application shall be undersigned by someone entitled to sign for the Applicant. The authorization shall be proved by an original copy of power of attorney and a registration certificate.

The application shall be written in Swedish or English. If certifications attached only exist in other languages, an official translation in Swedish or English of the document shall be submitted together with the original document.

The invitation for participation shall also be enclosed in electronic form (CD, USB memory or similar) in a file format which can be read by MS Word or MS Excel (version 97 or later) or as a PDF file. If the electronic form of the invitation for participation differs from the paper form, the paper form shall supersede the other.

The Purchaser will not reimburse any costs the Applicant may have for preparing or submitting the application.

1.7 Questions about the advertisement or the invitation Questions about the advertisement or the invitation can be asked by e-mail in Swedish or English to [email protected] until and included 3 June 2013.

Questions and answers of general interest will be sent to all participating applicants at their e-mail addresses. It is the responsibility of any participant to take notice of questions and answers published on the website.

1.8 Secrecy The Purchaser is subject to the so called principle of public access to official records, which implies that Purchaser shall provide official documents to a third party if the third party so requests, unless confidentiality applies to these documents in accordance with the Swedish Secrecy Act (1980:100).

The request to participate in the procurement and thereto related information are comprised by secrecy until the Purchaser has made its contract award decision or the tender process is otherwise concluded. This means that during the period until the award decision, or until the tender process is otherwise concluded, no such documents or information are provided to a third party. If

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someone requests a copy of the request to participate or an official document after this point in time, the Purchaser will always consider whether the information contained in the document is secret according to the provisions of the Secrecy Act before such copy is provided.

Such consideration in accordance with the above may imply that only parts of a document are revealed to a third party. This presupposes for example that there is a reason to believe that the company to which the document relates could be damaged if the contents of the document were revealed to the third party.

If an Applicant means that it could be damaged if certain information in the request to participate in the procurement (including enclosures) is revealed to a third party, the Applicant is asked to enclose a document called “Request for secrecy” to the Applicant’s request to participate in the procurement. This should clearly state which information should be kept secret and why this information could damage the Applicant if it was revealed. See Enclosure A (Check-list for the invitation to participate etc.).

The fact that an Applicant has requested secrecy for some information does not guarantee that the information, after the Purchaser or a court has decided whether the information should be kept secret, is not provided to a third party.

1.9 Complements and clarifications The Contract awarding authorities reserves the right to request complements and clarifications from the Applicants according to 1 chapter 21 § LOU.

The Applicant does not have the corresponding right to complement or clarify their quotation.

2. SPECIFICATION OF REQUIREMENTS 2.1 General The advertisement in EUT and this invitation stipulate the requirements to be fulfilled by an Applicant in order to be entitled to submit a tender in the procurement. In order for the Purchaser to make an accurate evaluation, the Applicants shall answer all questions and submit all documents requested.

An Applicant not fulfilling the requirements specified in the advertisement or quotation will be excluded from the possibility of submitting a tender in the procurement. All Applicants fulfilling all mandatory requirements will be invited to submit tenders in the procurement.

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Certifications from official register required shall not be older than three months counted from the last day for application.

Company and contact information shall be included in the application (Enclosure A section B).

To the application to participate a certificate of registration from the Swedish Companies Registration Office shall be enclosed which shows the company’s business activities, its authorized signatories etc. An Applicant which does not pursue business in Sweden shall instead show that the Applicant is registered according to the provisions regarding register of companies in the country in which it has its principal place of business. A certificate of registration from such register of companies is required. Furthermore, an official certificate regarding the company’s field of business and its authorized signatories shall be submitted.

Applicants shall comply with legal provisions concerning registration, taxes and fees. As evidence of this, the Purchaser will obtain a certificate from Skatteverket (the Swedish Tax Agency), SKV 4820, “Request Response Public Information” regarding Applicants pursuing business in Sweden. Applicants with their principal place of business outside Sweden shall enclose a corresponding certificate from an official source in this country. By way of information it can be noted that the form SKV 4820 is available in an English version (SKV 4820B) at Skatteverket’s website, www.skv.se , and this form can be useful as a basis for the information asked for by the Purchaser.

If an official certificate equivalent to Skatteverket’s form SKV 4820 is unavailable in the country where a foreign Applicant has its principal place of business, a written certificate in accordance with the above may be replaced by a sworn statement or similar.

Please observe that the Purchaser must exclude an Applicant from participation in the procurement if circumstances described in 10 chapter 1 § LOU is at hand.

The Purchaser may exclude an Applicant from participating in the procurement if the circumstances described in 10 chapter 2 § LOU is at hand.

A sworn affirmation stating that none of these circumstances are at hand shall be enclosed to the request for participation, see Enclosure B to this document.

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If an Applicant is a consortium or business combination, the above shall be fulfilled regarding all members of the consortium or parties of the business combination.

2.2 Requirements concerning economic and financial standard The Applicant shall have a sufficiently stable economic and financial standing in order to fulfill the project comprised by this procurement.

As evidence of the above, the following documents shall be submitted:

 Annual financial statement/balance sheet concerning the last three (3) years if public statement of the balance sheet is required according to law in the country in which the Applicant has its principal place of business,  Certificate of credit worthiness from a well-established credit-rating agency, for example Dun & Bradstreet, with at least credit rating A or Upplysningscentralen’s (UC) credit report with at least credit rating three (3) or the equivalent. The certificate must not be older than three months counted from the last day of submitting the Request for participation. If the Applicant does not meet the requirements above, the Applicant may state the reason for this. The Applicant may thus be considered to meet the requirements above if the Applicant gives a statement/presents a certificate which proves that it is clear that the Applicant has a corresponding economic standing. In cases when the Applicant’s economic standing is guaranteed by a parent company or other guarantor, a certificate of this shall be enclosed and be signed by the parent company/authorized signatory of the guarantor. Requested credit rating and the demands for economic and financial standing shall in these cases be accounted for and fulfilled by the parent company/guarantor in accordance with the above.  A statement of the Applicant’s total turnover, the Applicant’s turnover as regards such services as is comprised by this procurement during the last three (3) financial years.

If the Applicant is a consortium or business combination, the above documents shall be submitted by all members of the consortium or all parties of the business combination.

Concerning reference to another company’s capacity, see below section 2.4.

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The documentation described above and all other information which the Purchaser might request, will serve as a basis in the Purchaser’s consideration whether the Applicant fulfills the demand for sufficiently stable economic and financial standing.

2.3 Requirements regarding technical ability and capacity The Applicant shall have sufficient technical ability and capacity in order to fulfill the project comprised by this procurement.

As evidence of the above, the Applicant shall submit two (2) references showing that the Applicant has carried out successful projects of the same or similar type as the project comprised by this procurement. In at least one of these reference projects the Applicant shall have provided service and availability similar to the requested SAA.

The references shall include a description of the performed reference projects, including their extent and information from the assigner in accordance with what is stated in Enclosure C to this document (Reference sheet). The references shall pertain to the last five-year period, i.e. the projects shall have been performed or begun within this period.

In order for the Purchaser to assess whether a certain Applicant has sufficient technical ability and capacity in order to fulfill the assignment comprised by this procurement, all references submitted by the Applicant shall show that the Applicant predominantly performed the reference assignments satisfactorily or very well.

If the Applicant is a consortium or a business combination the references may concern one or several or the members of the consortium/parties of the business combination.

Concerning reference to another company’s capacity, see below section 2.4.

2.4 Qualification by referring to another firm´s capacity An Applicant not fulfilling the requirements of economic status or technological capability and capacity, is entitled to and has the opportunity to refer to another firm´s capacity (e.g. parent company or subcontractor) to prove the fulfillment of the requirements.

A potential Applicant considering its firm to be in a position mentioned above and who wishes to submit a tender, shall at the time of qualification prove that the firm actually has the possibility to utilize referred capacity during the

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contract period. To do this, the Applicant shall, to its application, attach an attested copy of a co-operation agreement, a written undertaking or similar from the firm the Applicant aims to utilize. The co-operation agreement/undertaking or similar shall be undersigned by someone entitled to sign for the firm and it shall be clear that the parent company or subcontractor commit itself to provide the Applicant with relevant capacity during the contract period.

An Applicant, who wishes to refer to another firm´s capacity to prove the fulfillment of the requirements, shall in addition to the requirements mentioned above, also prove that the firm referred to fulfill the requirements in section 2.2 – 2.4 in this document. This means that the Applicant, with regard to each one of the firms referred, shall submit all the documents/information marked with “(3” in appendix A.

Different Applicants have the possibility to refer to the same subcontractor. However, in order to do so, the subcontractor has to leave written undertakings to multiple Applicants.

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APPENDIX

Enclosure A Checklist and questions to be answered by the Applicant. The form shall be attached to the application and undersigned by someone entitled to sign for the firm. Enclosure B Sworn affirmation. The form shall be attached to the application and undersigned by someone entitled to sign for the firm. Enclosure C:1-2 Forms regarding reference projects. The forms shall be attached to the application and undersigned by someone entitled to sign for the referee firm.

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ENCLOSURE A

PROCUREMENT OF WIND TURBINES AND SAA – CHECK-LIST FOR THE APPLICATION TO PARTICIPATE

A. Control questions to be answered by the Applicant

The information given in this invitation to participate Yes ☐ No ☐ describes the situation on the application date, except in those cases which is expressly stated in the invitation to tender.

The certificates and extracts from official registers Yes ☐ No ☐ enclosed to this invitation to participate are not older than three (3) months, counted from the application date.

Qualification of the Applicant is made by reference to Yes ☐ No ☐ another company’s capacity and information and documentation is thereby submitted in accordance with section 2.4 in the invitation to tender. If the answer is yes, please state official name and corporate identity number of the subcontractor.

B. Contact information of the Applicant Name of organization Corporate identity number

Address Postal code

City Country

Telephone number E-mail address Website

Contact person 1 title

Telephone number E-mail address Fax number

Contact person 2 title

Telephone number E-mail address Fax number

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C. Documents which are enclosed to the invitation to participate Encl. no

Certificate of registration from the Swedish Companies Registration office, or (for Applicants which does not pursue business in Sweden) documentation showing the Applicant pursues business according to the provisions regarding register of companies in the country in which it has its principal place of business.

For Applicant with their principal place of business outside Sweden a certificate containing information corresponding with SKV 4820, Request Response Public Information.

A sworn affirmation, Enclosure B.

Annual financial statement/balance sheet concerning the last three (3) years

Certificate of credit worthiness from a well-established credit-rating agency with at least credit rating A (according to credit report from Dun & Bradstreet), or credit rating three (3) (according to credit report from UC) or the equivalent.

A statement of the Applicant’s total turnover during the last three (3) years.

Statements of the Applicant’s turnover as regards such services as are comprised by this procurement during the last three (3) years.

Description of reference projects 1. Experience of projects with supply of wind turbines similar to the project comprised by this procurement. (Reference sheets, Enclosure C) 2. Experience of projects with supply of wind turbines similar to the project comprised by this procurement involving service and availability similar to the requested SAA. (Reference sheets, Enclosure C)

Other information and/or documents (for example power of attorney)

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D. Secrecy The Applicant considers the information specified in enclosure no (“Request for secrecy”) to this Request to participate to be comprised by secrecy in accordance with the Swedish Secrecy Act (1980:100). The damage that the Applicant may suffer in case the information is revealed after the award decision is made is evident from the enclosure at hand. The Applicant is aware of the fact that even though secrecy is requested, there is no guarantee that the information, after consideration, will be comprised by secrecy. E. Signatures by authorized signatories

Place:

Date:

Title:

______

[Name]

Please note that failure to fulfill all requirements including a complete tender with all requested information and enclosures can be excluded from the possibility of submitting a tender in the procurement.

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ENCLOSURE B

SWORN AFFIRMATION

I hereby declare solemnly that neither

Name of corporation Corporate identification number

or other persons active in the company who as an owner/ partner or another position in the company representing the company or persons executing commissions on behalf of the company, 1. in accordance with a judgment that has entered into final legal force, been sentenced for a crime that includes: a. such crime as referred to in Article 2.1 of the Joint Action of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union (1) (98/733/JHA). b. corruption as defined in Article 3 of the Council Act of 26 May 1997 drawing up, on the basis of Article K.3 (2) (c) of the Treaty on European Union, the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and Article 3.1 of the Joint Action of 22 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on corruption in the private sector (98/742/JHA), c. fraud within the meaning of Article 1 of the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities’ financial interests, or d. money laundering as defined in Article 1 of the Council Directive of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering 91/308/EEC, amended by Directive 2001/97/EC of the European Parliament and of the Council. 2. is bankrupt or is being wound up, is under compulsory administration or is the subject of a composition or has indefinitely stopped their payments or is subject to a prohibition on conducting business, 3. is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or composition or any other similar proceedings, 4. has been convicted by a judgment which has the force of res judicata for an offence relating to professional practice, 5. has been guilty of grave professional misconduct and the contracting authority can prove this,

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6. has not fulfilled their obligations relating to social insurance charges or tax in their own country or in the country where the procurement is being conducted, or 7. in some essential respect has failed to provide information requested or has provided incorrect information required pursuant to the provisions of Chapter 10 or 11 LOU.

Signature by someone entitled to sign for the firm

Place:

Date:

Position:

------Signature

------Clarification of signature

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ENCLOSURE C:1

REFERENCE SHEET Public procurement of wind turbines, service and availability Reference project in question – To be completed by the candidate before the form is completed by the principal. (Please note that it is the responsibility of the candidate to make sure that the form is completed by the principal.)

Short summary of the relevant project/contract/concession and its scope.

What kind of experience does the project/contract/concession implicate? (Compare with the different requirements described in section 2.3 in this document).

Assessment – To be completed by the principal (not the candidate)

Using the points below, we kindly ask you to assess the work carried out by the candidate. Please tick the box which best reflects your opinion.

Question Very well Satisfactory Badly Very badly Unknown

How well was the work carried out? ☐ ☐ ☐ ☐ ☐

How good has the candidate been at ☐ ☐ ☐ ☐ ☐ adapting to your specific needs?

How good has the candidate been at ☐ ☐ ☐ ☐ ☐ keeping to the agreed time schedules?

Indicate your view on the candidate´s ☐ ☐ ☐ ☐ ☐ cooperation skills.

Indicate your view on the candidate´s ☐ ☐ ☐ ☐ ☐ competence(s)

Indicate your view of your overall ☐ ☐ ☐ ☐ ☐ satisfaction with the candidate´s performance

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Signature of the principal´s representative

Name of the principal Org.no.

Postal address Postal code

City Country

Name of referee Position

Phone number E-mail address

Date

Signature

------Name in print

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ENCLOSURE C:2

REFERENCE SHEET Public procurement of wind turbines, service and availability

Reference project in question – To be completed by the candidate before the form is completed by the principal. (Please note that it is the responsibility of the candidate to make sure that the form is completed by the principal.)

Short summary of the relevant project/contract/concession and its scope.

What kind of experience does the project/contract/concession implicate? (Compare with the different requirements described in section 2.3 in this document).

Assessment – To be completed by the principal (not the candidate)

Using the points below, we kindly ask you to assess the work carried out by the candidate. Please tick the box which best reflects your opinion.

Question Very well Satisfactory Badly Very badly Unknown

How well was the work carried out? ☐ ☐ ☐ ☐ ☐

How good has the candidate been at ☐ ☐ ☐ ☐ ☐ adapting to your specific needs?

How good has the candidate been at ☐ ☐ ☐ ☐ ☐ keeping to the agreed time schedules?

Indicate your view on the candidate´s ☐ ☐ ☐ ☐ ☐ cooperation skills.

Indicate your view on the candidate´s ☐ ☐ ☐ ☐ ☐ competence(s)

Indicate your view of your overall ☐ ☐ ☐ ☐ ☐ satisfaction with the candidate´s performance

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Signature of the principal´s representative

Name of the principal Org.no.

Postal address Postal code

City Country

Name of referee Position

Phone number E-mail address

Date

Signature

------Name in print

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