Italy-Milan: Thermal power plant construction work 2015/S Contract notice utilities. Works

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1 1/11 This notice in TED website: Italy-Milan: Thermal power plant construction work 2015/S Contract notice utilities Works Directive 2004/17/EC Section I: Contracting entity I.1) Name, addresses and contact point(s) ENEL SPA Via Carducci 1/3 Contact point(s): ENEL S.p.a Global Procurement Global Generation Procurement, Spain DEI Compliance Bid Team Milan ITALY Telephone: Fax: Internet address(es): General address of the contracting entity: Further information can be obtained from: ENEL S.p.a. Global Procurement Global Generation Procurement Via Carducci, 1/3 Contact point(s): ENEL S.p.a. Global Procurement Global Generation Procurement, Spain Dei Compliance Bid Team Milan ITALY Telephone: Internet address: Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained from: ENEL S.p.a. Global Procurement Global Generation Procurement Via Carducci 1/3 Contact point(s): Roberta Grandi Milan ITALY dei.compliance@enel.com Internet address: Tenders or requests to participate must be sent to: ENEL S.p.a. Global Procurement Global Generation Procurement For the attention of: Roberta Grandi 1/11

2 2/11 I.2) I.3) Milan ITALY Main activity Electricity Contract award on behalf of other contracting entities The contracting entity is purchasing on behalf of other contracting entities: no Section II: Object of the contract II.1) Description II.1.1) II.1.2) II.1.3) II.1.4) II.1.5) Title attributed to the contract by the contracting entity: As pontes coal fired power plant Spain Dei Complaince EPC environmental refurbishment works. Type of contract and location of works, place of delivery or of performance Works Design and execution Main site or location of works, place of delivery or of performance: C.T. As pontes As Pontes de García Rodríguez A Coruña Spain. NUTS code ES111 Information about a public contract, a framework agreement or a dynamic purchasing system (DPS) The notice involves a public contract Information on framework agreement Short description of the contract or purchase(s): The call for: tenders concerns the project qualification of companies or entities interested in technical-financial prequalification in relation to implementation of the project described below for the environmental refurbishment Works of As pontes Coal Fired Power Plants (As pontes de García Rodríguez Spain), and subsequent bid process. The contents of this call for tenders do not bind the Client in any way vs. the Companies/Entities interested either for the purposes of continuation of the procurement process or in relation to the costs connected with it, including those relative to this pre-qualification phase. The project pertaining to this pre-qualification concerns: Engineering, design, procurement, fabrication, erection, commissioning and project management of the Balance of Plant (BoP) relevant to the retrofit of flue gas line into As Pontes Power Plant in order to comply to the emission limits defined by the Directive 2010/75/EU (DEI). The Bidding entity shall act as a Main Contractor with a leading role in the execution of activities described in details in the annex Work Order Synthesis (see point II.2.1) below). Any data and reference required to candidates for following packages: New Selective Catalytic Reduction systems and auxiliaries (NH3 or urea storage etc.); New Selective Not-Catalytic Reduction systems and auxiliaries (UREA ammonia storage, etc.); are related to plant items for which, the Owner hasn't yet definitely decided to include in the Scope of Work. The decision to include above mentioned items in the scope of Works will be taken before to issue the Bid Inquire Letter for Tender. Therefore, it is required to the Candidates to submit any data and/or reference related to above mentioned items taking note that the evaluation of candidatures will be executed considering also reference and data related to above mentioned items only if these items will be included in the Bid Inquire Letter for Tender. Consequently 2/11

3 3/11 II.1.6) II.1.7) II.1.8) II.1.9) II.2) II.2.1) II.2.2) II.2.3) II.3) the candidatures that don't include any reference and/or data required for above items will be considered in the case this plant elements will be not included in the Bid Inquire Letter for Tender. Common procurement vocabulary (CPV) Information about Government Procurement Agreement (GPA) The contract is covered by the Government Procurement Agreement (GPA): no Information about lots This contract is divided into lots: no Information about variants Variants will be accepted: no Quantity or scope of the contract Total quantity or scope: For description of the scope of work, see annex document PBASO00014 Work Order Synthesis downloadable at Link: following procedure to access to folder EPC : 1. Connecting to link; 2. Click on Continue to this website (not recommended) ; 3. Insert User-id: Deicompliancespain and Password: Deicompliancespain. Information about options Options: yes Description of these options: Any option will be defined during Tender and these options will be listed in Tender documents. Information about renewals This contract is subject to renewal: no Duration of the contract or time limit for completion Duration in months: 48 (from the award of the contract) Section III: Legal, economic, financial and technical information III.1) Conditions relating to the contract III.1.1) III.1.2) III.1.3) Deposits and guarantees required: During presentation of the bid, a document can be requested to prove the existence of a surety to guarantee the bid, in the terms and for the amount which will be specified to the tender participants in the Bid Inquiry Letter by Enel. At the time of contract award, a permanent surety shall be provided in an amount to be agreed, in the terms specified by Enel. The surety shall be set up either in the form of a bank guarantee issued by a primary bank, or in the form of an insurance guarantee policy issued by a primary insurance company. Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them: The job will be paid on a lump-sum basis. The payments will be effected on the basis of milestones that will be indicated at the Tender stage. Legal form to be taken by the group of economic operators to whom the contract is to be awarded: Participation as a Temporary Association of Companies with joint and several contractual liability is permitted pursuant to article 34 of the Legislative Decree 163/06. In this case, for the economic, financial and technical requirements, refer to the following section VI.3). 3/11

4 4/11 III.1.4) III.2) III.2.1) Other particular conditions: The performance of the contract is subject to particular conditions: no Conditions for participation Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers Information and formalities necessary for evaluating if the requirements are met: 1) Declaration attesting that no reasons for exclusion exist, as per article 38, paragraph 1, of the Italian Legislative Decree no 163/06. 2) Declaration attesting that no forms of control exist with other companies that intend to participate independently in the tender, as per article 2359 of the Italian Civil Code. 3) Declaration attesting that there is no coincidence, even partial, with other companies that intend to participate independently in the tender, as far as the members of administration and representation bodies as well as the signatories of the bid documents are concerned. 4) Declaration attesting the compliance with the contribution obligations for own employees and for those of any subcontracting and/or auxiliary firms and for any temporary or seconded workers (through the relative employers) proved by means of DURC certificate (certificate of social security compliance) in Italy. For candidates with registered office outside Italy, the declaration must refer to the relevant laws in force in the country in question. 5) Availability of Internet access with indication of address: information will be exchanged (including the letters of invitation to the various tender stages) mainly by telematic means. In the case of associations of companies, the communications/exchanges of information/invitations will be sent to the address indicated as master user of the representative/leader company only. For the above requirements, declarations shall be provided signed by a legal representative and accompanied by a copy of his/her identity document. 6) The following documents must also be submitted: a. personal declaration of registration with the Register of Companies of the Chamber of Commerce, Industry, Handicraft and Agriculture or in the Register of Provincial Commissions for the Handicraft Sector, or, for foreign companies not residing in Italy, in the professional Register of the State of residence. b. declaration, to be submitted only in the case of Temporary Association of Companies pursuant to art of the Italian Civil Code (article 34 Legislative Decree no. 163/06, par. 1 letters d)) certifying the composition of association with indication of the group leader (representative) and the companies in the group (principals). Said declaration shall furthermore contain the undertaking to comply, at the time of the bid, with the provisions of article 37 of the Legislative Decree no 163/06; The application forms, that may be used, are indicated in document Guidelines for Applications Forms and relevant forms are available at Link: following procedure to access to folder EPC : 1. Connecting to link; 2. Click on Continue to this website (not recommended) ; 3. Insert User-id: Deicompliancespain and Password: Deicompliancespain. The following can constitute a cause of exclusion: a) the existence of hypotheses of conflict of interest, even potential, of the bidder with the companies of the Enel Group, deriving from examination of the corporate composition of the bidding firm highlighting the presence of persons holding, within the companies of the same Group, a top management position, and/or employees of the same companies (including their relatives and relatives by marriage up to the 2nd degree), and/or secured rights to dividends or warranty on shares with voting right or controlling trust companies; 4/11

5 5/11 III.2.2) III.2.3) b) unwillingness of the bidder to comply with specific ethical-social obligations (e.g. measures that guarantee the respect of fundamental worker rights, the principles of equal treatment and non-discrimination, prevention of child labour, etc.) and to accept controls at its production units and operational premises, in order to verify compliance with said requirements. Economic and financial ability Information and formalities necessary for evaluating if the requirements are met: 1) Declaration of the company that it has suitable bank references and willingness of at least 2 banks, to grant the credit necessary for execution of the works; 2) Declaration of the company that it has the capability such as to guarantee good execution of the works; 3) Declaration of possession, by each of the companies constituting the bidding entity, of the requirements of solvency, profitability and financial soundness related to the last 3 years compatible with the value of the work order. Said values shall meet at least 3 of the following 5 conditions: 1. R.O.E.= Net Income (or Loss) for the year (a) / Equity (d) > 1 %; 2. EBITDA/ Value of Production = EBITDA (c) / Value of Production (b) > 2 %; 3. Leverage = Equity (d) / Total Assets (e) > 10 %; 4. Turnover = Value of Production (b) / Total Assets (e) > 0,6; 5. Financial Expenses/ Value of Production = Financial Expenses (f) / Value of Production (b) < 4 %. Furthermore, the following condition shall be met in any case: Shareholders' Equity(d) > 0; For the above requirements, declarations shall be provided signed by a legal representative and accompanied by a copy of his/her identity document. The Client reserves the right: to re-verify possession of the ability to meet at least 3 of the above-mentioned conditions during the main steps of the procurement process, i.e. dispatch of request for financial quotation, dispatch of letter of award of the contract, finalisation of the contract; to exclude from the tender any bidder not in possession of the above-mentioned capability. Explanatory notes: The following notes provide detailed indications for the determination of the above-mentioned indicators. (a) Net Income (or Loss) for the year: corresponds to the net profit for the period in the Income Statement. (b) Value of Production: corresponds to the value in the Income Statement. (c) EBITDA = Value of Production External purchases of raw materials, consumables and goods +/- Change in inventories of raw materials, consumables and goods External purchases of services Costs for use of third party assets Personnel costs Other operating costs. (d) Equity = corresponds to the value in the Balance Sheet subscribed capital unpaid. (e) Total Assets = corresponds to the value in the Balance Sheet. (f) Financial Expenses = corresponds to the above declaration are part of application forms indicated in document Guidelines for Applications Forms available at Link: following procedure to access to folder EPC : 1. Connecting to link; 2. Click on Continue to this website (not recommended) ; 3. Insert User-id: Deicompliancespain and Password: Deicompliancespain. Technical capacity Information and formalities necessary for evaluating if the requirements are met: A) Bidding entity shall demonstrate to have all technical and economical requirements for the management and execution of similar job in Power Plants, for which the Bidding entity have realized or under completion not less than three (3) 5/11

6 6/11 projects as EPC with leading role (no subcontractor role or equivalent subordinate positions) during last eight (8) years in Power Plants with an installed power greater than 200 MW for each power plant and for a total amount greater than EUR for each project. At least one of the three (3) projects has to be a flue gas line retrofit of Power Plant. For one (1) of the three (3) above mentioned projects the Bidding entity shall prove the successful completion of the project. B) Bidding entity shall demonstrate to have realized at least one (1) project as EPC with leading role (no subcontractor role or equivalent subordinate positions) during last ten (10) years in Spanish Power Plants for a total amount greater than EUR for each project. Mandatory documents to be submitted as evidence of points A and B: (a) Reference table (see Engineering Supplier Assessment Questionnaire, chapter 4) fulfilled including as a minimum the following Project key data: Project name, Location, Client, Final client/owner, Year of contract awards, Year of commercial operation, Manhours, Type of contract, Role, Value e item Interest and other financial charges in the Income Statement. of contract, Type of project (short description), Letters of reference, Certification or equivalent official auditable document from Client. C) Bidding entity shall demonstrate to have an adequate and properly sized organization able to develop large projects requiring a comprehensive capability in the management of all the aspects of a project (i.e. Project Management, Engineering, Procurement, Planning, Expediting, Quality Control, Construction and Commissioning management). The Engineering, Project Management, Procurement/Quality, construction and commissioning organization shall be staffed for key roles with resources experienced in Power Plants Project. Moreover Binding entity shall have a consistent number of employees working in engineering department in order to fulfil the above requirement the Bidder has to demonstrate to be able to develop internally engineering at least manhours/years and out of which at least manhours/years in Power Plant Projects. Mandatory documents to be submitted as evidence of point C: human resources information for each department (see Engineering Supplier Assessment Questionnaire chapter 5), Company organization charts, Divisional organization charts (with detail about project management, engineering, procurement, erection and commissioning units), Typical Project Execution Plan for EPC/EPCM projects in Power Sector, CV's of permanent payroll key figures listed in Work Order Synthesis PBASP00014 (see Engineering Supplier Assessment Questionnaire chapter 6). D) Bidding entity shall demonstrate experience in managing with internal resources procurement and subcontracts/subvendor follow-up activities with contract values greater than EUR each, providing a list of at least three (3) orders for Services & Works greater than EUR and at least three (3) orders for Supplies greater than EUR issued in the last seven (7) years for Project where the Bidding entity was EPC or EPCM. Mandatory documents to be submitted as evidence of point D: Reference table (see Engineering Supplier Assessment Questionnaire chapter 13) of orders with at least, for each of them, the following key data shall be indicated: project name, year of order award, description of Service/Work scope or description of Supplies, type of contract, level of economical value (i.e. > EUR, > EUR, > EUR, > EUR, > EUR, > EUR). E) The Bidding entity shall demonstrate to have implemented a Quality Systems complying with module D of the UNI EN ISO 9001:2008 standard and an Environmental Management System complying with UNI ISO 14001:2008; any certification of the Quality System by an accredited body shall constitute sufficient proof of the suitability of this QS. However, even in this case, Enel shall reserve the right to carry out an audit of the Quality System, if it deems this necessary. 6/11

7 7/11 Mandatory documents to be submitted as evidence of point E: Collection of certification (compliant with ISO 9001:2008, OHSAS 18001:2008, ISO 14001:2008, any others relevant to the scope of work). (see Engineering Supplier Assessment Questionnaire chapters 7, 11 and 12) F) The Bidding entity shall demonstrate to adopted quality policy and procedures in the execution of projects as EPC or EPCM as well as experience in the permitting in Spain and in the Certification according to EU CE Directives. Mandatory documents to be submitted as evidence of point F: List of all internal procedures applicable for EPC/EPCM projects, Reference list of previous experience for authorization process of power/ industrial plants and Declaration of reference in the permitting for Spain projects (see Engineering Supplier Assessment Questionnaire chapters 10). G) The Bidding entity shall have and adequate IT structure and related tools in terms of hardware and software required for the development and management of the projects. In particular the Bidding entity shall demonstrate proven experience (more than five years) of implementation in design activities of following SW tools: 3D modeling software (industrial software), engineering software's to perform specific activities, at least steel structures design (industrial software), planning (industrial software), management of bulk materials quantity for erection works (in house or industrial software), document management (in house or industrial software). Mandatory documents to be submitted as evidence of point G: Declaration of experience about the use of the above mentioned Software and list of Hardware and Software. (see Engineering Supplier Assessment Questionnaire chapters 9) H) The Bidding entity shall demonstrate adequate experience on management of site erection works. Moreover the Bidding entity shall demonstrate adequate direct experiences or, in case Binding entity will act as Main Contractor, shall provide adequate references of the Erection Company selected (i.e. subcontract) for at least five (5) erection works for international Power Projects for an amount of > EUR for each erection works. At least two (2) erection works shall be executed in Spain. Mandatory documents to be submitted as evidence of point H: Reference list (see Engineering Supplier Assessment Questionnaire chapter 14) of erection works, which includes for each on the minimum following Project key data: project name, location, client, final client/owner, year of contract awards and of commercial operation, manhours relevant site erections works, type of contract, role, value of contract, type of project (short description). letters of reference, certification or equivalent official auditable document from Client I) The Bidding entity shall demonstrate adequate experience on management of commissioning works. Moreover the Bidding entity shall demonstrate adequate direct experiences in commissioning or, in case Binding entity will act as Main Contractor, shall provide adequate references of the Commissioning Company selected (i.e. subcontract) for at least five (5) years of experience in commissioning works for international Power Plant Projects. At least two (2) years of commissioning works shall be executed in Spain. Mandatory documents to be submitted as evidence of point I: Reference list of (see Engineering Supplier Assessment Questionnaire chapter 15) previous experience in commissioning of power plants which includes for each on the minimum following Project key data: project name, location, year of contract awards and of commercial operation, client, final client/owner, manhours relevant commissioning works, type of project (short description), type of contract, value of contract, letters of reference, certification or equivalent official auditable document from Client. J) The Bidding entity shall demonstrate adequate experience on safety management. In particular: 7/11

8 8/11 III.2.4) III.3) III.3.1) III.3.2) a. The Bidding entity shall demonstrate to have implemented a safety management system according to international standard. b. Keeping the accident log/master file updated, along with the procedures for detailed accident analyses and corrective actions and accident statistics (last 2 years, number, frequency and severity). Mandatory documents to be submitted as evidence of point J: Certification of safety management system or equivalent auditable document Industrial accident trend for its own workers calculated on the basis of the previous year, with a frequency index (FI = (Number of accidents/ Number of worked hours) x 106) and severity index (SI = (Days lost for injuries/ Number of worked hours) x 103). The Technical requirements to be met, mandatory documents to be submitted and relevant questionnaire to be fulfilled by Bidding entity are described in document Work Order Synthesis PBASO00014 and available at Link: following procedure to access to folder EPC : 1. Connecting to link; 2. Click on Continue to this website (not recommended) ; 3. Insert User-id: Deicompliancespain and Password: Deicompliancespain. Information about reserved contracts Conditions specific to services contracts Information about a particular profession Staff responsible for the execution of the service Section IV: Procedure IV.1) Type of procedure IV.1.1) IV.2) IV.2.1) IV.2.2) IV.3) IV.3.1) IV.3.2) IV.3.3) IV.3.4) IV.3.5) Type of procedure Negotiated Some candidates have already been selected (if appropriate under certain types of negotiated procedures): no Award criteria Award criteria The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate Information about electronic auction An electronic auction will be used: no Administrative information File reference number attributed by the contracting entity: GCG Previous publication(s) concerning the same contract no Conditions for obtaining specifications and additional documents Payable documents: no Time limit for receipt of tenders or requests to participate :00 Language(s) in which tenders or requests to participate may be drawn up English. 8/11

9 9/11 IV.3.6) IV.3.7) Minimum time frame during which the tenderer must maintain the tender Conditions for opening of tenders Section VI: Complementary information VI.1) Information about recurrence This is a recurrent procurement: no VI.2) VI.3) Information about European Union funds The contract is related to a project and/or programme financed by European Union funds: no Additional information: 1) In case of Temporary Association of Company (TAC), the Agent or leader company shall performs following activities: Basic design, Front End Engineering Design, multidisciplinary detailed design for procurement of equipment and materials and for construction, as built documentation; Procurement activities for main and auxiliary equipments, bulk materials, services, and erection works; Project Management, Project Control, Project Planning and Contract Management activities; Expediting and Quality Control activities; Home construction activities (construction feasibility and optimization); Construction Management, including onsite technical supervision, and Quality Control; Commissioning and start up activities; Technical support for Owner's engineering; Technical support for Permitting. It's accepted by the Leader company that The Basic and detailed design of technological items, i.e. Desox, Denox, will be carried out by the manufacturer of these items and Leader company will execute the activities for whole scope of work integrating this portion of design. Can be accepted that small portions of design activities will be executed by other companies of the TAC if these are judged appropriate and the leader company is able to demonstrate a full control and supervision of the activities entrusted to them. It's s acceptable that erection activities will be executed by a company of the TAC, other than the Agent, but the leader company shall demonstrate to be able and used to have a full control and supervision of the activities entrusted. 2) In case of Temporary Association of Company (TAC), the the technical/financial requirements shall be possessed by the TAC as a whole, and in particular as regards the technical requirements of the at above point III.2.3): the Agent or leader company must fulfil at least the requirements, at points A),B),C),D) E), F), and the principals must fulfil the remaining requirements. All the other requirements must be possessed by both the agent and principals. For all the above requirements, declarations must be provided signed by a legal representative and accompanied by a copy of his/her identity document. 3) This procedure is subject to the provisions of Legislative Decree no. 163 dated , insofar as it applies to contracts in the special sectors. 4) If the individual or associated companies have the minimum requirements specified, other companies with minimum requirements different from those specified can join, on condition that the work performed by the latter does not exceed 20 % of the overall sum of the works. 5) At the time of pre-qualification request, it will be sufficient for the firms to submit declarations, simply signed, concerning all the specified requirements. The declarations shall be issued also in combined form in English, on headed paper of the firms, stamped and signed by a legal representative thereof, highlighting the address 9/11

10 10/11 for any correspondence, in addition to telephone and fax numbers. The Agent/Group Leader, as said, shall also highlight the address for notification of any pre-qualification communications. Failure to submit said documentation or non-compliance of the same with the declaration(s) provided constitutes a reason for exclusion from the pre-qualification. Proof of all the declarations provided concerning possession of the requirements may be requested and, in particular, the declarations/certifications of satisfactory execution of the work issued by the Customers concerning works of similar type. Furthermore, as regards the contents of point III.2.2), Enel reserves the right to verify possession of the requirements during the whole procurement process i.e. in conjunction with the following events: a) issue of the bid request; b) issue of any conditional award; c) issue of any communication on effective coming into force of the contract. 6) Foreign firms shall submit documentation analogous to the documentation required in compliance with thelaws in force in their respective countries; failing this, a declaration of the interested party as established by art.38 par. 5 of the Legislative Decree 163/06 constitutes sufficient proof. 7) Declaration of manifestation of interest; For the purpose of planning potential support to candidates in the submission of the documentation required for the candidature, prior to the term established for receipt of the participation application, the Declaration of manifestation of interest must be sent by to the address dei.spain@enel.com within 15 days from the date of publication of this call for tenders. 8) Enel, at its sole and unquestionable discretion, reserves the right to: cancel the tender (for example, if the received bids does not comply with the expected minimum technicaleconomic requirements); carry out the tender, or part of it, by means of information technology tools (e-commerce). 9) Minimum period for which the bidder is required to keep valid the offer: 6 (six) months from the deadline stated for the submission of technical bids. 10) The selected contractor may use, with no restriction, local entrepreneurs, where technical and economic conditions so permit, in order to maximise the involvement of local resources. 11) According to the provisions of art. 13 of the Italian Legislative Decree no. 196/2003, named Code on the matter of protection of personal data ( Codice in materia di protezione dei dati personali ), please be informed that the data supplied by bidders during the tender process are collected and processed by Enel S.p.A., and by the Companies subject to direction and coordination of Enel S.p.A., both in automatic way and on paper, for the purposes concerning the tender and contract (if any) stipulation and management, as well as to give execution to all legal requirements. In this regard, it is specified that: the collection of all the data, requested from time to time, is an essential prerequisite to the establishment and carrying out of the above mentioned relationships; the personal data collected, as well as the personal data processed, will be subject to communication solely to Enel S.p.A. and to the Companies subject to direction and coordination of Enel S.p.A and shall not be disclosed to third parties, except for the cases provided for by law; the persons or legal entities, to whom or to which the collected personal data refers, are allowed to exercise the rights provided for at article 7 of the Italian Legislative Decree no 196/ 2003, with reference to the existence and processing of their personal data. Please, be also informed that the Body responsible for the processing of personal data is Enel Ingegneria e Ricerca S.p.A., in the person of its legal representative pro tempore. The Person responsible for the processing 10/11

11 11/11 VI.4) VI.4.1) VI.4.2) VI.4.3) VI.5) of personal data is the Managing Director pro tempore of Enel S.p.a. Global Procurement Area, with registered office in Viale Regina Margherita, Roma (Italy). Procedures for appeal Body responsible for appeal procedures Lodging of appeals Service from which information about the lodging of appeals may be obtained Date of dispatch of this notice: /11

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