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

Transcription

1 1 OF 20 5 INSTRUCTIONS TO CANDIDATES APPLYING FOR ADMISSION TO CONTRACT AWARD PROCEDURE IN A FORM OF BARGAINING WITH ANNOUNCEMENT CONCERNING: Supply of two gas-turbines for EDF Toruń S.A. and an option for two additional gas-turbines to CHPs belonging to 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, JULY

2 2 OF 20 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 20 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 Supply of two gas-turbines and an option for two additional gas-turbines to CHPs belonging to. 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 Entities: Consortium of Contracting Entities: EDF TORUŃ S.A ul. Ceramiczna Toruń Poland EDF Polska S.A. ul. Złota Warszawa 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/LEA/ /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 is available only in English language, and the further tender documentation shall be issued by the Contracting Entity in this language. 4

5 5 OF 20 6 Subject of the order I. Description of the subject of order Design, manufacture, supply, transportation, installation, commissioning, start-up and test of two gas turbine generator packages each having jet derivative gas turbine with an ISO power in the order of approximately 50 MW at an ISO gross efficiency of not less than 41% complete with the driven electrical generator and ancillary systems along with one LTSC for one site. Two additional gas turbine generator packages of the same type shall be provided as a first option for contracting within one year. Furthermore, one additional LTSC option shall be provided (for the other site) for contracting within two years. The number of the gas turbine generator packages is two and two optional. Indicatively each package will be complete with: Jet derivative gas turbine; Electrical generator; Gas turbine inlet filter; Gas turbine enclosure complete with fire detection and firefighting systems for indoor installation; Lubricating system for the turbine and for the driven generator; Control cabinet for start-up, control speed, load; Delivery to site, full installation on site, commissioning, start-up, testing and training All associated ancillary systems, start-up and commissioning spare parts. II. Brief information concerning variant solutions Variant bids are permitted by the Contracting Entity. IV. 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 this Contract 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. The Economic Operator should be a gas turbines manufacturer having own technology, licence or should be duly authorised representative or packager of a gas turbines manufacturer. 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: The following Economic Operators may apply for the award of the contract: i) Economic Operators who within the last 3 (three) business years (i.e. 2010, 2011, 2012) 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 300,000, euro (say: three hundred million euro); and 5

6 6 OF 20 ii) iii) Economic Operators who have financial resources or creditworthiness of at least 40,000,000 euro (say: forty million euro); and Economic Operators who have current third party liability insurance covering their activities related to scope of the award in an amount not lower than 2,000,000 euro (say: two 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: The following Economic Operator may apply for a contract awarding: i) The Economic Operators who have: a. at least one gas turbine generation set with capacity from 40 up to 55 MWe and efficiency not less than 41% connected to a heat recovery boiler (steam or water) in successful commercial operation for at least (five thousand) operating hours for each set (note: the gas turbine model and version used for the purpose of prequalification should be offered by the Economic Operator in the future bid) and b. installed it, and, c. took part in commissioning and start-up test of it. over the past 5 years before the deadline for submitting applications for participation in the proceedings, or if the time in which the Economic Operator runs his business is shorter - in such shorter time. ii) 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. The Economic Operators shall provide safety statistics for the last three full calendar years. 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. 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. 6

7 7 OF 20 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 possessing own technology, or copy of up to date licence or a copy of the agreement confirming the rights of the Economic Operator to act as a representative or a packager of a gas turbines manufacturer and defining the extent of such rights. (Note: For Economic Operators jointly applying for the award of the contract, the statement can be filed jointly by the members of the consortium) II) 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) III) Statement of the Economic Operator, confirming that: - the Economic Operator is not and/or is 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; 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 instalments of overdue payments or suspension in whole of the execution of the decision of the competent authority; - 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 instalments 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) IV) Recent extract from the register, if separate regulations require registration, to demonstrate that there 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. 7

8 8 OF 20 (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: For Economic Operators established or having a place of residence outside of the Republic of Poland then instead 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 (A, B and C) above: i) Financial statement or relevant part of the financial statement (i.e. at least income statement) for the last 3 (three) business years before the deadline for filing applications for participation in the proceedings (i.e. 2010, 2011, 2012), 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 300,000, euro (say: three 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 euro (say: forty 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 2,000,000 euro (say: two 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. 8

9 9 OF 20 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 orders performed properly, in the scope and time frame defined in the item i) above. The table shall contain the following information: Order name Order start date, End date Customer name with contact point Type of industry the works have been performed for Order location Scope of supply, description of the scope of supply in a short summary 10 lines max Price of the supply the contractor was responsible for List of activities subcontracted by the Economic Operator submitting the application. Capacity of the gas turbines, MWe, and efficiency % as well as documents 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) 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. 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 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. Such entities are obliged to 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. 9

10 10 OF 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 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: html 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. 10

11 11 OF 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: Adam Legutko Tel: Fax: Mail: adam.legutko@edf.pl Agnieszka Kryńska Tel Mail : agnieszka.krynska@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. 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/LEA/ /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 11

12 12 OF 20 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 copy certified by a notary public. In case the tender is to be submitted jointly by Economic Operators belonging to the consortium, Economic Operators competing jointly for the award should appoint an appropriate party with 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 so that it can be sent back non-opened to the Economic Operator if not submitted in due time and the following marking Application for participation in the procurement proceedings: Supply of two gas-turbines for EDF Toruń S.A. and an 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: Supply of two gas-turbines for EDF Toruń S.A. and an. 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 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 12/08/2013 at Applications shall be delivered to: Dyrekcja Zakupów i Logistyki. Dział Strategii Zakupów. EDF Polska S.A. Oddział CUW nr 2 w Krakowie Building A, room 113 ul. Ciepłownicza Kraków 12

13 13 OF Exclusion or admission to bargaining I. Admission of Economic Operator to bargaining All qualifying Economic Operator will be invited to the first stage of bargaining procedure. 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, 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. 21 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 13

14 14 OF 20 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: Supply of two gas-turbines and an option for two additional gas-turbines to CHPs belonging to 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: Consortium of Contracting Entities: The Contracting Entity s Representative: EDF Toruń S.A. ul. Ceramiczna Toruń, Poland and EDF Polska S.A. ul. Złota Warszawa 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 113, ul. Ciepłownicza Kraków 14

15 15 OF 20 With reference to contract notice published in the Official Journal of the European Union (please insert reference number of contract notice) (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. 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 income statement) for the previous 3 (three) business years*; 5. Statement of possessing own technology or copy of up to date licence or a copy of the agreement to act as a packager; 6. Statement of the bank or savings and loan institution*; 7. Paid-in insurance policy or other respective document*; 8. List of contracts concerning our experience as provided for in the Contract Notice; 9. Documents confirming that the contracts indicated in the list have been duly performed; 10. Certified copies of management systems in: quality, environment and health and safety; 11. Tables with safety statistics for the last three full calendar years; 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.] 15

16 16 OF 20 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 16

17 17 OF 20 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 Supply of two gas-turbines for EDF Toruń S.A. and an EDF Polska Group 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. supplied gas turbines with capacity from 40 up to 55 MWe each of them and efficiency not less than 41% connected to heat recovery boilers (steam or water), and b. installed them, and, c. took part in commissioning and start-up test of them at least twice over the past 5 years before the deadline for submitting 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: 17

18 18 OF 20 Order name Customer s name and address Order location Order start date Order end date Scope of supply, description of the scope of supply in a short summary (10 lines max) price of the supply the contractor was responsible for List of activities subcontracted by the Economic Operator submitting the application Capacity of the gas turbines, MWe, and efficiency % 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) 18

19 19 OF 20 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 Supply of two gas-turbines for EDF Toruń S.A. and an EDF Polska Group, 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. 19

20 Enclosure no OF 20 (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 Supply of two gas-turbines for EDF Toruń S.A. and an option for two additional gas-turbines to CHPs belonging to, we hereby certify that we fulfil the requirements for participation in the proceedings under art. 9 sec. 3 of the Rules, relating to: 1. Possessing own technology or up to date licence or a copy of the agreement to act as a packager ; 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. 20