INSTRUCTIONS TO ECONOMIC OPERATORS APPLYING FOR ADMISSION TO CONTRACT AWARD PROCEDURE IN A FORM OF BARGAINING WITH ANNOUNCEMENT CONCERNING:

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1 1 OF 24 INSTRUCTIONS TO ECONOMIC OPERATORS APPLYING FOR ADMISSION TO CONTRACT AWARD PROCEDURE IN A FORM OF BARGAINING WITH ANNOUNCEMENT CONCERNING: Design and construction of balance of plant for two gas-fired co-generation units including hot water heat recovery This procedure is subject to provisions of the Rules of Preparing and Conducting Contract Award Procedures Based on EU Directive by Companies of EDF Group in Poland (Rules) available on the website: KRAKÓW, SEPTEMBER

2 2 OF 24 Table of content 1 Definitions General information Name and address of the Contracting Entity and the Contracting Entity s Representative The procedure Language of the Procedure Subject of the order Conditions for participation in the tender Procedure Representations and documents unconditionally required Assessment of fulfilment of conditions by Economic Operators applying for contract awarding Partial tenders Information on possible supplementary orders Variant tenders Communication with the Contracting Entity Clarifications and supplementing documents during evaluation of Applications Persons entitled to communicate with Economic Operators Description of how to prepare the application Place and deadline of application submission Exclusion or admission to bargaining Legal remedies Final provisions Enclosures

3 3 OF 24 FORMAL AND LEGAL PROVISIONS 1 Definitions The Contracting Entity EDF Toruń S.A., ul. Ceramiczna 6, Toruń, Poland EDF Polska S.A., ul. Złota 59, Warszawa The Contracting Entity s Representative EDF Polska S.A., ul. Złota 59, Warszawa. The Contracting Entity s web site The Economic Operator economic operators within the meaning of Art. 2 item 18 of the Rules. Rules - Rules of Preparing and Conducting Contract Award Procedures Based on EU Directive by Companies of EDF Group in Poland valid from SoEToC Specification of essential terms of the contract (or Terms of Reference - ToR) Procedure contract award procedure. Application requests to participate in the Procedure as per Art. 13 item 1.e of the Rules. Contract Notice document published in Supplement to the Official Journal of the European Union commencing the present Procedure (or Notice) 2 General information 1. The present procedure are subject to provisions of the Rules of Preparing and Conducting Contract Award Procedures Based on EU Directive by Companies of EDF Group in Poland (Rules) available on the website: 2. By proceeding to the Procedure each Economic Operator acknowledges that it has become acquainted with the Rules, fully accepts them and recognizes them as binding as well as agrees that any possible disputes connected with the contract award procedures pursuant to the Rules shall be adjudicated by the arbitration court in accordance with the provisions thereof. 3. These instructions relate to the Contracting Entity s tender for the Design and construction of balance of plant for two gas-fired. 4. The Economic Operator shall acquaint himself diligently with the content of the Contract notice and these Instructions. 5. The Economic Operator shall submit an Application consistent with the content of the Contract Notice. Additional information on the Procedure may be found in these instructions, however for the avoidance of doubts the Contract Notice prevails in the event of any discrepancies. 3

4 4 OF The Contracting Entity has included in the Contract Notice all information necessary to prepare an Application for participation in bargaining with announcement. 3 Name and address of the Contracting Entity and the Contracting Entity s Representative 1. Name and Address of the Contracting Entity: EDF TORUŃ S.A ul. Ceramiczna Toruń Poland 2. According to the power of attorney granted by Contracting Entity the Procedure is being prepared and conducted by the Contracting Entity s Representative: EDF Polska S.A. ul. Złota Warszawa Poland 4 The procedure 1. The procedure is conducted as bargaining with announcement based on Art. 14 of the Rules. 2. The Instructions repeat the participation conditions to be met by Economic Operators applying for admission to this Procedure, which are contained in the Contract Notice. 3.Any information presented in these instructions shall be used only for the purpose of application and shall in no case be used otherwise. 4. Procedure, to which these instructions refer, is labelled with the number CK/UE/ROD/ /01 and Economic Operators should quote this number in their communication with the Contracting Entity s Representative. 5 Language of the Procedure The procedure shall be held in English language. The Contract Notice and other documents are available only in English language. At Contracting Entity request the procedure may be held in Polish in addition to English language, which shall be communicated to the Economic Operators taking part in the proceedings. I. Description of the subject of order 6 Subject of the order 4

5 5 OF 24 Design, studies, purchasing fabrication, transport, erection, tests and commissioning of the balance of plant consisting of everything which is needed to achieve a complete new installation including in particular two hot water heat recovery boilers and district heating accumulator, but excluding two gas-fired gas turbines and several hot water boilers Detailed description of the object of the Works will be included in the Contract template, Technical Specification, constituting part of Terms of Reference, which will be released to the Economic Operators invited to participate in the tendering procedure. II. Brief information concerning variant solutions Variant bids are permitted by the Contracting Entity. III. Subcontractors (requirements to be provided in the contract) In case of ordering parts of a subject of the contract as a subcontracting, the Economic Operator shall be required to take exclusively the subcontractors to execute works mentioned in 6.I, who are experienced in the performance of such works or deliveries. Details will be provided to the Economic Operators invited to the further stages of the Procedure following the prequalification phase. 7 Conditions for participation in the tender Procedure I. Personal situation of Economic Operators, including requirements relating to enrolment on professional or trade registers: Only Economic Operators satisfying the conditions for participation in the proceedings set forth in the tender notice will be admitted to the further stages of the proceedings. The assessment of Economic Operators will be conducted on the basis of provided documents and statements. The Economic Operators who will not meet the requirements will be excluded from proceedings. Qualifying evaluation shall be made on the basis of required documents and declarations, according to the criterion: meets or does not meet the criterion. II. Economic and financial capacity: Economic Operators may apply for a contract awarding if they satisfy all the following conditions: i) Economic Operators who within the last 3 (three) business years before the deadline for filing applications for participation in the proceedings or if the time in which they run their business is shorter - in such a time - have obtained an average annual turnover not lower than 100,000, EUR (say: one hundred million euro); and ii) Economic Operators who have financial resources or creditworthiness of at least 50,000, EUR (say: fifty million euro); and iii) Economic Operators who have current third party liability insurance covering their activities related to scope of the award in an amount not lower than 25,000, EUR (say: twenty five million euro).. EVALUATION CRITERIA Qualifying evaluation shall be made on the basis of required documents and declarations, according to the criterion: meets or does not meet the criterion. In case of entities jointly submitting an application for participation in the proceedings, their capacity will be evaluated jointly. III. Conditions concerning technical capacity: Economic Operators may apply for a contract awarding if they satisfy all the following conditions: 5

6 6 OF 24 i) The Economic Operators who have performed (as a general contractor or a contractor, or a member of a consortium performing the role of a general contractor or a contractor) over the past 10 years before the deadline for filing applications for participation in the proceedings, or if the time in which the Economic Operator runs his business is shorter - in such shorter time, at least 3 EPC projects in power generating industry (electricity and/or heat) according to European norms and standards (or equivalent) with a total value of minimum 30,000, EURO (say: thirty million EUR) each. Economic Operators having performed at least one of said EPC Projects in Poland will be preferred. ii) The Economic Operators who have performed (as a general contractor or a contractor, or a subcontractor or a member of a consortium performing the role of a general contractor or a contractor) over the past 10 years before the deadline for filing applications for participation in the proceedings, or if the time in which the Economic Operator runs his business is shorter - in such shorter time at least 2 projects for heat generation using heat recovery boilers of min 50 MWt downstream gas turbines connected with steam industrial users and /or hot water district heating system with thermal capacity minimum of 90 MWt. iii) The Economic Operators shall demonstrate having implemented, licensed and maintained a quality management system according to the standard EN ISO9001, an environmental management system according to the standard ISO14001 and a health and security management systems according to a) OHSAS 18001, or (alternatively) b) MASE, or (alternatively) c) VCA - or other equivalent systems of quality, environmental, health and security management. In case the Economic Operators have not implemented and maintained systems according to above mentioned standards, and thus present their own (equivalent) system, as the minimum requirement within this area such equivalent system shall have been applied for at least one year with documented relevant policy and records allowing to confirm its implementation. iv) The Economic Operators shall provide safety statistics for the last three full calendar years. v) The Economic Operator shall be a company with internal Engineering and Project Management capabilities and shall demonstrate such capability as requested below. Otherwise, the Economic Operator without internal Engineering and Project Management capabilities shall enter a Consortium with an adequate engineering company. vi) The Economic Operator must include information about engineering and project management capabilities and must demonstrate to have performed over the past 10 years before the deadline for filing applications engineering and project management activities for (at least) 3 engineering projects in power generating industry (electricity and/or heat) comparable to the size as described under. In any case, EDF Toruń S.A. reserves the right to perform a visit at company premises to assess effective organization and experience. Based on Enclosure No. 2 [Experience lists Engineering and project management capabilities] to the Instruction for the Economic Operators. Qualifying evaluation shall be made on the basis of required documents and declarations, according to the criterion: meets or does not meet the condition. In case of entities jointly submitting an application for participation in the proceedings, their technical capacity will be evaluated jointly. IV. Relying on capacity of other entities In order to fulfill the conditions for participation in the contract award procedure, the Economic Operator may rely on other entities, irrespective of the nature of their legal relationship, as per conditions determined in the contract notice. In such case, the Economic Operator is required to prove to the Contracting Entity that he shall dispose of the resources necessary to perform the contract, in particular by presenting to this end a written commitment of those entities whereby they undertake to put the necessary resources at the Economic Operator s disposal for the time of their use in performance of the contract. The Contracting Entity may require that the entity which the Economic Operator relies upon in respect of the fulfillment of conditions for participation in the award procedure shall take part in the execution of the contract as a subcontractor. Should the above mentioned third entity not meet terms and conditions for participation in the procedure, the Contracting Entity shall be entitled to communicate this fact to the Economic Operator and call him to present a subcontractor who would satisfy the Contracting Entity's requirements, under pain of excluding this Economic Operator from the procedure. Such entities shall provide representations and documents listed in 7. For the purpose of transparency of the evaluation process (in particular in case when the number of Economic Operators submitting the prequalification request exceeds defined threshold of prequalified Economic Operator as defined in 9 item 5 below and when the Contracting Entity shall convey the ranking process set on the defined criteria), each of the Economic Operators shall have the right to rely on the capabilities of the other entities within particular category of 6

7 7 OF 24 capability of maximum one other entity. 8 Representations and documents unconditionally required I. Necessary documents or representations that confirm meeting of conditions concerning situation of Economic Operators, including requirements relating to enrolment on professional or trade registers: In confirmation of fulfilment of conditions for participation in the proceedings, the Economic Operator shall submit: I) Statement of compliance with the conditions laid down in Article 9 sec. 3 of the Rules, i.e., that the Economic Operators meets the conditions relating to: - holding a permission to perform specific work activities or actions, if laws are required by their possession, - having knowledge and experience, - having appropriate technical capacity and personnel capable of performing the contract, - economic and financial situation, - requirements concerning work safety and hygiene and environment protection in business activity, - reliability and correctness of performance of contracts so far entrusted to the economic operators by any of EDF Group companies in Poland and around the world. (Note: For Economic Operators jointly applying for the award of the contract, the statement can be filed jointly by the members of the consortium). Based on the template provided by the Contracting Entity (Enclosure No. 4 to the Instructions for the Economic Operators) II) Statement of the Economic Operator, confirming that: - the Economic Operator, and any of its dominant entities within the meaning of the Accountancy Act dated 29 September 1994 are not and/or are not becoming bankrupt or insolvent, going into liquidation, having a receiving or administration order made against them, compounding with their creditors, or carrying on business under a receiver, trustee or manager for the benefit of their creditors, or any act done or event occurring which(under any applicable laws) as a similar effect to any of these acts or events; and - the Economic Operator shall satisfy its payment obligations; - the Economic Operator is not in arrears with payment of taxes, or certificate that he obtained an exemption, deferral or payment in installments of overdue payments or suspension in whole of the execution of the decision of the competent authority; - against the Economic Operator no judicial decision was issued concerning a ban on application for contract award based on regulations concerning collective entities liability for acts prohibited under penalty; - the Economic Operator is not in arrears with payment of health and social security insurance contributions, or confirmation that he obtained an exemption, deferral or payment in installments of overdue payments, or suspension in whole of the execution of the decision of the competent authority; - the Economic Operator has not been convicted for anything related to its professional integrity and behaviour; - the Economic Operator has not committed a serious professional misdeed; - the Economic Operator is not in conflict of interest with the objectives of the Contracting Entity. (Note: For Economic Operators jointly applying for the award of the contract, the documents should be filed by each of the members of the consortium). Based on the template provided by the Contracting Entity (Attachment No. 3 to the Instructions for the Economic Operators) III) Recent extract from the register, if separate regulations require registration, to demonstrate that there 7

8 8 OF 24 are no grounds for exclusion under Article 30 sec. 1 item (b) of the Rules, issued not earlier than 6 months before the deadline for filing applications for participation in the proceedings. (Note: For Economic Operators jointly applying for the award of the contract, the documents should be filed by each of the members of the consortium) (Note 2: If the Economic Operators are established or having a place of residence outside of the Republic of Poland, then the Economic Operator shall submit the appropriate document or documents issued in the country in which he has his registered office or has a place of business. In case such documents are not issued, they shall be replaced by a document containing a statement made before a notary public, competent judicial, administrative authority in the country in which he has his registered office or has a place of business.) Any time prior to the selection of the most advantageous tender, the Contracting Entity may require Economic Operators to evidence him by the means of submitting documents required by the Contracting Entity which prove the items specified in this statement. If the Contracting Entity finds failure to comply by the Economic Operator on the basis of documents or refusal to submit required documents it may lead to exclusion of the Economic Operator from the proceedings. II. Necessary documents and representations that confirm fulfillment of economic and financial capacity: The Economic Operator shall submit the following documents in order to prove that he meets the conditions specified for participants in the proceedings and described in 7 item II (i, ii and iii) above: i) Financial statement or relevant part of the financial statement (i.e. at least annual balance sheet and income statement) for the last 3 (three) business years before the deadline for filing applications for participation in the proceedings, or if the time in which the Economic Operator runs his business is shorter - for such a time, confirming the an average annual turnover not lower than 100,000, EUR (say: one hundred million euro); if the financial statements are subject to audit, the chartered auditors opinion has to be enclosed in compliance with accountancy regulations; in the case where Economic Operators are not obliged to prepare financial statements, other documents confirming their turnover shall be submitted; ii) Statement of the bank or savings and loan institution, in which the Economic Operator has an account, that confirms the amount of financial resources or creditworthiness of at least 50,000, EUR (say: fifty million euro), issued not earlier than 3 months before the deadline for filing applications for participation in the proceedings. iii) Paid-in insurance policy or, in the absence of such policy, another document confirming that the Economic Operator has a third party liability insurance in place covering his activity in the scope of conducted business activity connected with the scope of the award for the amount not lower than 25,000, EUR (say: twenty five million euro). In the case when there is no possibility to check that such document was paid-in, the Economic Operator shall provide evidence of payment of the insurance policy. III. Necessary documents and representations that confirm meeting of condition concerning technical capacity: Documentation to be provided by the Economic Operators in order to justify the compliance to the technical qualification criteria: i) A table with the list of projects performed properly, in the scope and time frame defined in 7 item III conditions i-ii above. The table (Experience list EPC projects) shall contain the following information: Project name Project start date, end date Owner name and contact details Type of industry the works have been performed for Project location 8

9 9 OF 24 Main contractor s name (if the Economic Operator has worked as a subcontractor of a main contractor) Scope of works, description of the scope of works in a short summary 10 lines max Price of the work the Economic Operator was responsible for List of activities subcontracted by the Economic Operator submitting the application. Capacity of heat recovery boiler producing hot water or steam, MWt, if applicable Capacity of the district heating system or steam distribution system, MWt, if applicable as well as documents for each out of the above technical capacity conditions (points i to ii) confirming that all of the reference projects included in the list have been performed properly. ii) Copies of the valid (i) EN ISO9001, (ii) ISO14001 and (iii) OHSAS 18001, or (alternatively) MASE, or (alternatively) VCA - or equivalent certificates certified by the Economic Operators as true copies. iii) iv) A table with number of accidents at work and average number of employees separately for each of the last free calendar years. Content of the table shall not be a subject of qualitative evaluation. In case of consortium each member of the consortium shall provide such table. The Economic Operator must give evidence of an adequate and well-staffed organization able to develop and coordinate all the phase of a project. The following details shall be given: Company organization charts Division charts Information about human resources for each discipline/division (project management, process, mechanical, electrical, I&C, civil), number of employees should be presented in a form of a table (Engineering and project management resources) Curricula vitae (only for employees with a key role in the discipline/division). v) A table with the list of projects performed properly, in the scope and time frame defined in 7 item III condition vi above. The table (Experience list engineering and project management capabilities) shall contain the following information: Project name Project start date, end date Owner name and contact details Type of industry the works have been performed for Project location Main contractor s name (if the Economic Operator has worked as a subcontractor of a main contractor) Scope of works, description of the scope of works in a short summary 10 lines max Country Engineering and project management hours split in: project management, process, mechanical, electrical, I&C, civil. For ranking criteria please refer to paragraph 9 item 5. IV. Necessary documents and representations that confirm relying on capacity of other entities: The Economic Operator is required to prove to the Contracting Entity that he shall dispose of the resources necessary to perform the contract, in particular by presenting to this end a written commitment of those entities 9

10 10 OF 24 whereby they undertake to put the necessary resources at the Economic Operator s disposal for the time of their use in performance of the contract. The Contracting Entity may require that the entity which the Economic Operator relies upon in respect of the fulfillment of conditions for participation in the award procedure shall take part in the execution of the contract as a subcontractor. Should the above mentioned third entity not meet terms and conditions for participation in the procedure, the Contracting Entity shall be entitled to communicate this fact to the Economic Operator and call him to present a subcontractor who would satisfy the Contracting Entity's requirements, under pain of excluding this Economic Operator from the procedure. Such entities shall provide representations and documents listed in Art III.2.1. of the Contract Notice through items I to IV herein. 9 Assessment of fulfilment of conditions by Economic Operators applying for contract awarding 1. The Contracting Entity shall assess fulfilment of participation conditions based on representations and documents required in the contract notice (which are repeated in these instructions). 2. In order to assess fulfilment of conditions the Contracting Entity shall use meets/does not meet method. 3. The Contracting Entity shall exclude Economic Operators who do not meet participation conditions in accordance with the procedure provided for in the Rules. 4. The Contracting Entity may require from the Economic Operators to make representations or submit documents confirming that Economic Operator and his subcontractors meet conditions for participation in the procedure at each stage of the tender proceeding. 5. The Contracting Entity is allowed to limit the number of prequalified Economic Operators to 5 (five) Economic Operators - from all of the Economic Operators that submitted the Application and who comply with the requirements of this Contract Notice. The 5 (five) Economic Operator shall be invited to further stages of the proceedings and shall be selected by the Contracting Entity on the basis of the following criteria: Criterion Weight Scoring system Source of information Technical 50% Each engineering project above the figure Experience list - capacity and of 3 in power generating industry engineering and references (electricity and/or heat) meeting the project management prequalification conditions set in III.2.3 capabilities item 6 will be granted with 20 points Engineering 15% The following scoring matrix shall be Form Engineering and capacity used: project management a) Years of experience: resources years 0 points years 1 point - 10 years and more 2 points b) Years in company: years 0 points years 1 point - 10 years and more 2 points Individual score for each person listed in the Engineering and project management capabilities table will be calculated as a sum of scoring points for the year of experience and year in company. Then the overall figure will be calculated as a sum of individual scores. However, the maximum score will be capped with a figure of 60 points. 10

11 11 OF 24 Polish experience 15% Each engineering project in power generating industry (electricity and/or heat) meeting the prequalification conditions set in III.2.3 item 1 will be granted with additional 20 points if performed in Poland Turnover of the Economic Operator 20% Average annual turnover over the past 3 business years before the deadline for filing applications for participation in the proceedings - scoring matrix: More than 100 and less or equal to 200 meur 0 points More than 200 and less or equal to 300 meur 10 points More than 300 and less or equal to 400 meur 20 points More than 400 meur 30 points Experience list - EPC projects Financial statement for the last 3 business years. Points will be calculated using following formula: P = P Tc x 50% + P Ec x 15% + P Pe x 15% + P T x 20% where: P means total amount of points granted to the offer, P Tc means amount of points granted to the offer in Technical capacity and references criterion, P Ec means amount of points granted to the offer in Engineering capacity criterion, P Pe means amount of points granted to the offer in Polish experience criterion, P T means amount of points granted to the offer in Turnover of the Economic Operator criterion, 50%, 15%, 20% means weight of the specific criterion. The Economic Operators who achieve the biggest total amount of points will be qualified to the next stage of the tender procedure. 10 Partial tenders The Contracting Entity does not allow submission of partial tenders. 11 Information on possible supplementary orders The Contracting Entity allows supplementary orders specified in Art. 2 item 23 of the Rules, up to the 50% of the value of the current procurement. 12 Variant tenders. The Contracting Entity allows variant tenders. 13 Communication with the Contracting Entity 1. Any correspondence shall be directed to the Contracting Entity s Representative at the addresses/contact points given in the contract notice. 2. Except for the Application for participation in the proceedings (which shall be prepared and submitted in the 11

12 12 OF 24 form given by the contract notice), the Economic Operator s statements, conclusions, notifications and information shall be in writing and shall be passed on in writing, via fax or Statements, conclusions, notifications, and information transferred via fax or shall be deemed timely delivered if their content is delivered to the addressee before the deadline. 4. Whenever required by the Rules the Contracting Entity s Representative shall publish certain information on the following web site: 14 Clarifications and supplementing documents during evaluation of Applications Depending on the factual status, during examination of Applications and evaluation of ranking criteria the Contracting Entity s Representative may ask the Economic Operators for supplementing selected documents or clarifications concerning the content of submitted documents and statements as provided for in the Rules. The Contracting Entity shall call on Economic Operators who did not submit the required declarations or documents, or the Economic Operators who did not submit power(s) of attorney, or the Economic Operators who submitted declarations or documents that contain errors, or those who submitted defective power(s) of attorney, to supplement the documents in a defined time limit, unless otherwise specified in the Rules. The representations or documents, supplemented on request of the Contracting Entity s Representative, shall confirm that the Economic Operator satisfies the conditions for participation in the Procedure not later than on the day when the time limit for submission of the Application for participation in the Procedure expires. 15 Persons entitled to communicate with Economic Operators 1. Any written correspondence shall be directed to the following address: EDF Polska S.A. Oddział nr 2 CUW w Krakowie ul. Ciepłownicza Kraków Polska 2. Persons entitled to direct contact with Economic Operators: Dominika Rosa Tel: Fax: Mail: dominika.rosa@edf.pl 16 Description of how to prepare the application I. Language The Application with attachments must be legible, drawn in a written form, in English for its original hard copy. II. Application in hardcopies Documents shall be prepared according to the requirements provided in the Contract Notice and shall include all information and data required thereby. 12

13 13 OF 24 The hardcopy shall obligatorily be submitted in the following manner: in English and its copy in an electronic form (on a CD version of the application containing scan of the original hardcopy along with the written application) in the pdf format. In case of any differences in the contents between the counterparts submitted in electronic and hardcopy versions, the Contracting Entity will take into account the hardcopy for the purpose of the evaluation. Written Application and any of its copies, as well as the electronic Application shall indicate the reference number of this proceeding CK/UE/ROD/ /01. The following content and layout of the Application is recommended: Application Letter for participation in bargaining with announcement (mandatory document), which may be prepared according to the sample form included in the Enclosure no. 1, Statements and documents unconditionally required from Economic Operators in order to meet participation conditions specified in the Contract Notice (mandatory elements of an Application package), some of which may be prepared according to the sample forms included in the Enclosures no. 2, 3, 4 Power of Attorney (if applicable) Application must be accompanied by all documents and statements referred in the contract notice. Application form must be signed by an authorized representative of the Economic Operator or Economic Operators jointly applying for participation in the procedure. Power of attorney to sign the application has to be attached to the application if the authorisation to represent the Economic Operator is not clear from other documents submitted with the application (e.g. registration documents). The contents of the power of attorney should clearly identify scope of the authorisation. A power of attorney shall be submitted in writing (original) or in a certified true copy (a notarized copy) signed by authorized persons. Economic Operators competing jointly for the award should appoint a proxy acting based on power of attorney (being one of the consortium members or a third party) to represent them in the proceedings, or to represent them in the proceedings and to conclude the contract. Details are provided in the contract notice. Application must be accompanied by all documents and statements referred in the Notice. Application form must be signed by an authorized representative of the Economic Operator or Economic Operators jointly applying for participation in the procedure. All pages of the application and documents submitted with the application should be numbered consecutively. The Application should be filed in a package preventing the content from being viewed before the expiry of the deadline for submitting applications. A package must bear a stamp or note containing the Economic Operator s name and registered address and the following co-generation units at EDF Toruń. The application with required documents shall be placed in a stamped or otherwise protected envelope (package) annotated in the following way: EDF Polska S.A. ul. Ciepłownicza Kraków Application for participation in the procurement proceedings: Design and construction of balance of plant for two gas-fired co-generation units at EDF Toruń. The Application shall be deemed validly submitted if it is received by the Contracting Entity s Representative before the deadline for submitting applications for participation in the Procedure. Receipt of the Application shall be confirmed by the Contracting Entity s Representative with indication of the receipt date. In case the Application is not submitted on time the Contracting Entity s Representative shall immediately inform 13

14 14 OF 24 the Economic Operator of this fact and shall return such Application as soon as practicable. 17 Place and deadline of application submission 1. Submission deadline has been specified by the Contracting Entity on 21/10/2013 at 12: Applications shall be delivered to: Centrum Usług Wspólnych. Dyrekcja Zakupów i Logistyki. Dział Strategii Zakupów. EDF Polska S.A. Oddział CUW nr 2 w Krakowie Building A, room 110 ul. Ciepłownicza Kraków I. Admission of Economic Operator to bargaining 18 Exclusion or admission to bargaining The Contracting Entity is allowed to limit the number of prequalified Economic Operators to 5 (five) Economic Operators - from all of the Economic Operators that submitted the Application and who comply with the requirements of this Contract Notice. The 5 (five) Economic Operator shall be invited to further stages of the proceedings and shall be selected by the Contracting Entity on the basis of the criteria listed in 9 item 5. II. Exclusion of an Economic Operator The Contracting Entity shall exclude the Economic Operator if: the Economic Operator does not meet participation conditions specified in the contract notice and repeated in 7 of this instructions, the Economic Operator has not passed the prequalification stage; in other circumstances provided for in the Rules. III. Announcement of evaluation results concerning fulfillment of participation criteria The Contracting Entity shall as soon as practicable inform the Economic Operators, who have submitted applications for admission to tender procedure, about results of evaluation concerning fulfillment of participation criteria. 19 Legal remedies Any dispute related to the contract award Procedure shall be settled in accordance with provisions of Art. 34 of the Rules. 20 Final provisions In matters not stipulated in these instructions, the provisions of the Rules and the Polish Civil Code shall apply. 14

15 15 OF Enclosures Enclosure No. 1 - Application Letter form Enclosure No. 2 - Experience lists Enclosure No. 3 - Statement on no exclusion within the meaning of Art. 30 section 1b of the Rules Enclosure No. 4 - Statement on fulfilment of requirements of Art. 9 section 3 of the Rules 15

16 16 OF 24 Enclosure no. 1 Entity (the Economic Operator s Name): The Economic Operator s contact person: The Economic Operator s Seat/Address: Correspondence address: Telephone: Fax.: APPLICATION LETTER FOR ADMISSION TO BARGAINING WITH ANNOUNCEMENT concerning: Design and construction of balance of plant for two gas-fired co-generation units including hot water heat recovery carried out as bargaining with announcement pursuant to Rules of Preparing and Conducting Contract Award Procedures Based on EU Directive by Companies of EDF Group in Poland valid from , the Rules ) The Contracting Entity: The Contracting Entity s Representative: EDF Toruń S.A. ul. Ceramiczna Toruń, Poland EDF Polska S.A. ul. Złota Warszawa The Contracting Entity s Representative Correspondence Address: (for submitting of applications) Centrum Usług Wspólnych Dyrekcja Zakupów i Logistyki Dział Strategii Zakupów EDF Polska S.A. Oddział nr 2 CUW w Krakowie Budynek A, pokój 110, ul. Ciepłownicza Kraków With reference to contract notice published in the Official Journal of the European Union 2013/S (the Contract Notice ), we hereby apply for our company/consortium* being admitted for participation in bargaining with announcement and we hereby submit documents and statements required in the Contract Notice. 16

17 17 OF 24 We hereby accept participation conditions specified in Contract Notice. This application with statements and supplementary documents consists of consecutively numbered pages. The authorized persons from our company/consortium* to contact The Contracting Entity s Representative are: [name, phone, ]. In order to confirm that we have fulfilled the conditions specified in the Contract Notice, we are attaching hereto the following documents: 1. A statement of compliance with the conditions laid down in Article 9 sec. 3 of the Rules; 2. A statement on the lack of grounds for exclusion from the procedure referred to in Article 30 item 1b of the Rules; 3. Recent extract from the commercial register, if separate regulations require registration or the respective foreign documents*; 4. Financial statements or relevant part of the financial statement (i.e. at least annual balance sheet and income statement) for the previous 3 (three) business years*; 5. Statement of the bank or savings and loan institution*; 6. Paid-in insurance policy or other respective document*; 7. List of contracts concerning our experience as provided for in the Contract Notice; 8. Documents confirming that the contracts indicated in the list have been duly performed; 9. Certified copies of management systems in: quality, environment and health and security; 10. Tables with safety statistics for the last three full calendar years; 11. Evidence of an adequate and well-staffed organization able to develop and coordinate all the phase of a project; 12. A statement of a third party on granting for the Economic Operator s use all the necessary resources**; 13. A power of attorney*; 14.. [Please make sure that all statements and documents were submitted, as required in the Contract Notice.] 17

18 18 OF 24 We entirely accept and acknowledge the provisions of the Rules of Preparing and Conducting Contract Award Procedures Based on EU Directive by Companies of EDF Group in Poland (Rules) available on the website: and recognize them as binding as well as agree that any possible disputes connected with the contract award procedure pursuant to the Rules shall be adjudicated by the arbitration court in the National Polish Chamber of Commerce (KIG) in accordance with the provisions thereof Place, date (signature according to representation) *) Amend / delete as appropriate **) To be submitted only by the Economic Operators who rely on resources of other entities under Article 9 item 7 of the Rules 18

19 19 OF 24 Enclosure no. 2 Experience lists (the stamp of the Economic Operator or Consortium Leader) Entity (the Economic Operator s Name): The Economic Operator s Seat/Address: By submitting an Application in the tender procedure carried out as bargaining with announcement pursuant with the Rules concerning Design and construction of balance of plant for two gas-fired boilers at EDF Toruń here is to certify that: We have necessary knowledge and experience as specified in the Contract Notice to perform the contract: The Economic Operators who have: a. performed (as a general contractor or a contractor, or a member of a consortium performing the role of a general contractor or a contractor) at least 3 EPC projects in power generating industry (electricity and/or heat) according to European norms and standards (or equivalent) with a total value of minimum 30,000, EURO (say: thirty million EUR) each, and b. performed (as a general contractor or a contractor, or a sub-contractor or a member of a consortium performing the role of a general contractor or a contractor) at least 2 projects for heat generation using heat recovery boilers of min 50 MWt downstream gas turbines connected with steam industrial users and /or hot water district heating system with thermal capacity minimum of 90 MWt, and, c. performed engineering and project management activities for (at least) 3 engineering projects in power generating industry (electricity and/or heat) comparable to the size of this tender procedure, over the past 10 years before the deadline for filing applications for participation in the proceedings, or if the time in which the Economic Operator runs his business is shorter - in such shorter time. In order to justify the compliance to the above conditions we hereby present the following information: 19

20 20 OF 24 Experience lists EPC projects Reference project table ref. III.2.3) Technical capacity Paragraph I.1 and I.2 Reference project No (1, 2, 3, ) Project name Project start date Project end date Owners name & contact details Type of industry the works have been performed for Project location Main contractor s name (if the Economic Operator has worked as a subcontractor of a main contractor) Scope of works, description of the scope of works in a short summary 10 lines max List of activities subcontracted by the Economic Operator submitting the application Capacity of heat recovery boiler producing hot water or steam, MWt, if applicable Capacity of the district heating system or steam distribution system, MWt, if applicable The above experience list (table) should be accompanied with documents of the technical capacity condition confirming that all of the reference supplies included in the lists have been performed properly Place, date (signature according to representation) 20

21 Experience lists engineering and project management capabilities 21 OF 24 Reference project table ref. III.2.3) Technical capacity Paragraph I.6 Reference project No (1, 2, 3, ) Project name Project start date Project end date Owners name & contact details Type of industry the works have been performed for Project location Main contractor s name (if the Economic Operator has worked as a subcontractor of a main contractor) Scope of works, description of the scope of works in a short summary 10 lines max Engineering and project management hours split in: Project management Process engineering Mechanical engineering Electrical engineering I&C engineering Civil engineering The above experience list (table) should be accompanied with documents of the technical capacity condition confirming that all of the reference supplies included in the lists have been performed properly Place, date (signature according to representation) 21

22 Form Engineering and project management resources 22 OF 24 Ref. III.2.3) Technical capacity Paragraph I.5 Position Years of experience Years in company Project Management Person 1 Person 2. Process engineer Person 1 Person 2. Mechanical Engineer Person 1 Person 2. Electrical Engineer Person 1 Person 2. I&C Engineer Person 1 Person 2. Civil Engineer Person 1 Person 2. The above experience list (table) should be accompanied with: Company organization charts Division charts Curricula vitae (only for employees with a key role in the discipline/division) Place, date (signature according to representation) 22

23 23 OF 24 Enclosure no. 3 (the stamp of the Economic Operator or Consortium Leader) STATEMENT ON NO GROUNDS FOR EXCLUSION UNDER ART. 30 SEC. 1b OF RULES* Entity (the Economic Operator s Name): The Economic Operator s Seat/Address: By submitting an Application in the tender procedure carried out as bargaining with announcement pursuant with the Rules concerning Design and construction of balance of plant for two gas-fired boilers at EDF Toruń, we hereby certify that as an Economic Operator* we are not subject to the exclusion from the proceedings under art. 30 sec. 1b of the Rules and other conditions stipulated in the Contract Notice, since: 1. We are not and/or are not becoming bankrupt or insolvent, going into liquidation, having a receiving or administration order made against him, compounding with his creditors, or carrying on business under a receiver, trustee or manager for the benefit of his creditors, or any act done or event occurring which (under any applicable laws) has a similar effect to any of these acts or events; 2. We shall satisfy our payment obligations; 3. We have no outstanding taxes, fees, or social or health insurance contributions (except for cases when the Economic Operator has obtained an exemption, deferral or payment in instalments of overdue payments or suspension in whole of the execution of the decision of the competent authority). 4. There is no judicial decision concerning a ban on application for contract award based on regulations concerning collective entities liability for acts prohibited under penalty**; 5. We have not been convicted for anything related to its professional integrity and behaviour; 6. We have not committed a serious professional misdeed; 7. We are not in conflict of interest with the objectives of the Contracting Entity Place, date (signature according to representation) *) to be filed in by each member of the consortium **) refers to collective entities Note: Any time prior to the selection of the most advantageous tender, the Contracting Entity may require Economic Operators to evidence him by the means of submitting documents required by the Contracting Entity which prove the items specified in this statement. If the Contracting Entity finds failure to comply by the Economic Operator on the basis of documents or refusal to submit required documents it may lead to exclusion of the Economic Operator from the proceedings. 23

24 24 OF 24 Enclosure no. 4 (the stamp of the Economic Operator or Consortium Leader) STATEMENT ON FULFILMENT OF REQUIREMENTS OF ART. 9 SEC. 3 OF THE RULES* Entity (the Economic Operator s Name): The Economic Operator s Seat/Address: By submitting an Application in the contract award procedure carried out as Design and construction of balance of plant for two gas-fired co-generation units including hot water heat recovery, we hereby certify that we fulfil the requirements for participation in the proceedings under art. 9 sec. 3 of the Rules, relating to: 1. Holding a permission to perform specific work activities or actions, if laws are required by their possession; 2. Having knowledge and experience; 3. Having appropriate technical capacity and personnel capable of performing the contract; 4. Economic and financial situation; 5. Requirements concerning work safety and hygiene and environment protection in business activity; 6. Reliability and correctness of performance of contracts so far entrusted to the Economic Operator by any of EDF Group companies in Poland and around the world Place, date (signature according to representation) *) for Economic Operators jointly applying for the award of the contract, the statement can be filed jointly by the members of the consortium Note: Any time prior to the selection of the most advantageous tender, the Contracting Entity may require Economic Operators to evidence him by the means of submitting documents required by the Contracting Entity which prove the items specified in this statement. If the Contracting Entity finds failure to comply by the Economic Operator on the basis of documents or refusal to submit required documents it may lead to exclusion of the Economic Operator from the proceedings. 24