Lot M6: Flue gas treatment system Lot M7: Flue gas condensing system

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These Lot's are part of a main project "BIO4" with the objective to replace the existing 600 MW coal fired CPHplant with a new plant based on biomass fuels. Lot M6 contains Flue gas treatment system and Lot M7 contains Flue gas condensing system.35 000 000

Yderligere oplysninger

1. This Contract Notice and related tender procedure is subject to the Public Procurement Act for the Energy sector. The application must be signed and submitted in writing in one official paper-version and submitted in electronic form by USB-stick.

Hardcopies and USB-stick should be put in a sealed envelope. Each application shall be marked with the EU notification number and LOT no. and be marked as 'confidential'.

2. Applicant shall also name a single contact person with his/her detailed contact information including email, telephone, visiting address and postal address in case of clarification during prequalification process.

3. For convenience and efficiency, the employer would like to see the application structured according to the numbering in Section III.2) and should contain the requested information in the respective categories. Indications of earlier applications are not sufficient for verification.

4. With the Request to Qualify the applicant agrees to a change in the person of the employer. It cannot be ruled out that during the tendering process, a different person e.g. within HOFOR becomes the employer.

5. The obligation to provide third party certificates does not apply if and when a similar register is not kept or registration is not required. The applicant has to demonstrate and explain this.

6. In the context of the previous item 5 foreign applicants are encouraged to provide comparable third party certificates. Their equivalence is to be demonstrated. The entire application is to be written in English or Danish, including respective proofs and appendixes. If an official document or third party certificate is not written in Danish, Swedish, German or English, a literal translation must be provided by a sworn interpreter.

7. An applicant may, also as a member of an applicant consortium, also refer to the skills of third companies (such as subcontractors) in demonstrating the suitability. Then the applicant must submit proof for the other company regarding the items III.2.1) and III.2.3).The obligation to submit proof for the technical capacity (III.2.3) is limited to the part or the parts of services, for which the third company shall be responsible. In addition, the applicant has to demonstrate that the necessary resources are made available by the third company. This can be carried out by a personally signed letter of commitment from the other company or the other companies respectively. An applicant cannot use the financial strength of a subcontractor to demonstrate the financial capability of the applicant itself.

8. HOFOR reserves the right to demand further statements and proof (including minimum requirements).

Furthermore, it reserves the right to request a personal presentation or visit of company or reference site of a candidate to verify for example the self-declarations. Applicants are not entitled to claim an additional demand or a visit or to do a personal presentation.

9. Questions are exclusively to be sent via email to the contact point until 6 calendar days before the application deadline. Thereafter, incoming questions are not considered. The employer will reply in a timely manner

10. Applicant must be aware that social clauses can be a part of the scope.

11. Applications will be evaluated. Applicant's performances will be assessed and valued using the general information as requested in this Contract Notice. Specific information in the application regarding the Environmental management system, HSE management system and technical capacity according to the references, applicants capability and sub-suppliers as mentioned in section III.2.3

Applicants shall be selected as follows:

(i) First, the application will be reviewed on layout requirements and consistency. When information is missing, not consistent and/or differs from common practice, the Contracting Entity can expel the Applicant from the procedure. If the information is unclear or missing, the Contracting Entity does not have the obligation – to ask for additional information. Information provided with regard to another Contract Notice of the Contracting Entity or another entity from HOFOR will not be deemed to be provided for this Contract Notice and will thus be disregarded.

(ii) Second, it will be assessed if one or more excluding criteria apply to the Applicant. If so, the Applicant will be excluded from further participation in the tender procedure.

(iii) Third, if the number of Applicant's applying for pre-qualification exceeds 5, the Contracting Entity will perform the pre-qualification on the basis of an evaluation of each Applicant's respective economic and financial standing (cf. section III.2.2) as well as QHSE Systems and technical/professional ability (cf. section III.2.3).

The Applicant will be ranked according to the following SELECTION CRITERIA:

A: technical capacity and experience (Reference list) (80/100 points) – B: Organizational capacity and set-up (20/100 points) -

Applicant shall be an established and experienced contractor in the field of works of comparable size and scope and shall be experienced in engineering, procurement and project management and construction management as required for Lot M6 - Flue gas treatment system and/or Lot M7 - Flue gas condensing system.

With regard to this Contract the Applicant needs to prove he has experience with the following core competences by providing a description of the core competences as required in III.2.3.

The specifications for contract awarding will be described in the tender documents. Contract awarding is subject to existing permits under public law. Contract awarding is subject to the economically viable implementation of the services to be determined by the employer.

The applicant can apply for either Lot M6 or for Lot M7 or for both Lot's. In case the applicant applies for both lots the mandatory information in III.2 shall be submitted only once.

12. Joint Ventures and Consortium Requirements

If the Applicant is a Joint Venture or a Consortium of two or more legal entities (herein referred to as JV/C) whether incorporated or unincorporated - the following additional requirements apply:

12.1. The obligations, risks and liabilities imposed on the Applicant by the tender process and / or by any agreement as a result of this tendering process, if awarded, shall be guaranteed by the partners in that JV/C jointly and severally. The Application and any resulting tender and/or agreement shall be signed for each of those parties by the person or persons authorized to make legally valid commitments;

12.2. At Conditional Contract Award, the Applicant shall submit proof that the agreement amongst the JV/C partners provides that:

a. if a JV/C partner goes into liquidation or has a receiving order issued against it, such partner will consent to, and the other partner(s) shall procure that all construction equipment, including without limitation tools, computer programs, and software furnished by the partner in question, and all subcontracts entered into by it, shall continue to be available, or, as the case may be, shall be assigned to the other partner(s), and

b. the structure and membership of the JV/C shall be maintained throughout the validity period of the tender and/or agreement;

c. Statement to evidence that the JV/C is registered in the register of companies.

12.3. The following information shall be included in the Application:

d. the full legal name, interest and role of each of the partners in the JV/C;

e. the full legal name of the partner nominated to act as manager of the JV/C and who, in such capacity, is authorized or shall be authorized to incur liabilities and enter into contractual relationships with third parties, to receive and act upon instruction from HOFOR, to make and receive payments, all on behalf of the JV/C.

f. Statement to evidence that the JV/C partners are jointly & severally liable.

g. Statement of consent of the ultimate parent of each JV/C partners that the respective subsidiary has entered into the JV/C for the purpose of this Contract.

h. Each JV/C partner shall have the reputable and healthy financial standing necessary to execute the announced Contract with the corresponding risk profile.

To evidence the aforementioned, full audited, consolidated annual reports, including management report and explanatory notes and with a non-qualified auditor opinion, for the most recent three years for each of the JV/C partners. Additionally each JV/C partner shall provide financial information that relates specifically to the field of business related to the scope of the announced Contract.

i. Written confirmation from each of the JV/C partners in case of contract award, to provide HOFOR with a security for any advance payments with advance payment bonds in a form and amount acceptable to HOFOR and by an independent, third party bank or Credit Insurance Company acceptable to HOFOR with a minimum rating of A-/A3 (rating by Standard Poor's and/or Moody's).

j. Written confirmation from each of the JV/C partners, in case of contract award, to provide HOFOR with a performance bond as a security for the works performed, in a form and amount acceptable to HOFOR and issued by an independent third party bank or Credit Insurance Company acceptable to HOFOR with a minimum A-/A3 (rating by Standard Poor's and/or Moody's).

k. Written confirmation from each of the JV/C partners, in case of contract award, to provide HOFOR with a warrantee bond, valid at least 2 years from take over of the works, in a form and amount acceptable to HOFOR and issued by an independent third party bank or Credit Insurance Company acceptable to HOFOR with a minimum A-/A3 (rating by Standard Poor's and/or Moody's).

12.4. The JV/C shall remain unchanged throughout the whole procedure for the settlement of Contract.

If unforeseen circumstances require a change in the composition of such consortium, the awarding entity may allow such change at its sole discretion provided that the change does not distort competition amongst the Tenderers.

13. Applicant's are advised to show their interest in this tender, by contacting the Contact Person listed in section I.1.

14. A checklist list for the documentation is included in section I.1. This list is not to be regarded as a complete list and does not relieve the Applicant responsible for reviewing the notice himself.

Oplysninger om frister for klageprocedurer

The statutory deadline for complaints, according to Danish law, is 20 calender days calculated from when the applicant receives notice on the pre-qualification result. No later than concurrently with filling a complaint with the complaint board (KL Udbudsportalen) the claimant shall in writing notify the contracting entity of the alleged violation and that the claim will be filled with the complaints board.