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Page 1 SPECIFICATIONS FOR THE REQUEST TO PARTICIPATE IN THE COMPETITIVE DIALOGUE (PHASE 1) COMPETITIVE DIALOGUE EU EUROPEAN ARMED FORCES GO GREEN NO: 12.ARM.CD.01

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  • Page 1

    SPECIFICATIONS FOR

    THE REQUEST TO PARTICIPATE

    IN THE COMPETITIVE DIALOGUE

    (PHASE 1)

    COMPETITIVE DIALOGUE

    EU EUROPEAN ARMED FORCES GO GREEN

    NO: 12.ARM.CD.01

  • Page 1

    1. SUMMARY

    2. INTRODUCTION AND BACKGROUND

    3. PROCEDURE

    3.1. What is a Competitive Dialogue?

    3.1.1. Phase one – Request to Participate in the competitive dialogue

    3.1.2. Phase two – Dialogue Phase

    3.1.3. Phase three – Invitation to submit a tender

    4. BROAD DESCRIPTION OF THE PROJECT

    4.1. Scope

    4.2.Options

    4.2. Place of Delivery

    5. ADMINISTRATIVE PROVISIONS RELATING TO THE REQUEST TO

    PARTICIPATE

    5.1. Structure and presentation of the Request to Participate

    5.2. Deadline for the submission of the Request to Participate

    5.3. Communication

    6. CONDITIONS FOR PARTICIPATION

    6.1. Language

    6.2. General Administrative information

    7. EXCLUSION CRITERIA

    8. SELECTION CRITERIA

    8.1. Definitions

    8.2. Technical and Professional Capacity

    8.3. Economic and Financial Capacity

    8.4. Additional Selection Criteria

    9. ASSESSMENT OF REQUESTS TO PARTICIPATE AND CANDIDATES

    10. JOINT REQUEST TO PARTICIPATE AND SUBCONTRACTING

    10.1. Joint Requests To Participate

    10.2. Subcontracting

  • Page 1

    11. INFORMATION FOR CANDIDATES AT THE END OF PHASE ONE

    12. SECURITY INFORMATION

    13. MISCELLANEOUS INFORMATION

    14. ANNEXES

  • Page 1

    1. SUMMARY

    Contracting authority European Defence Agency

    Procedure Competitive Dialogue

    Phase of the

    Competitive Dialogue

    Phase 1 – Request to Participate in the Competitive

    Dialogue

    Scope

    The scope of the project is the feasibility analysis,

    preparation, implementation, maintenance and operation

    of photovoltaic panel installations for renewable energy

    production on selected Armed Forces pilot sites of the

    seven participating Member States of GO GREEN. Each

    pilot site shall be equipped with photovoltaic panels to

    generate renewable energy either in parallel or

    sequentially of the overall project duration and in

    accordance with the schedule discussed during the

    procurement procedure for a period of up to 20 years.

    A project overview is provided in Annex I.

    Contractual

    Arrangements

    The European Defence Agency and/or contributing

    Member States will conclude one or several standard

    service contract(s), framework contract(s) or concession

    agreement(s) (hereinafter “Contractual Arrangements”)

    with the successful Tenderer.

    It is foreseen that model Contractual Arrangements will be

    made available at the start of Phase 3, in the Invitation to

    Tender.

    Estimated Duration Indicative duration is approximately 7 months for the

    competitive dialogue and up to 20 years for the ensuing

    Contractual Arrangements.

    Main locations

    for project

    implementation

    National pilot sites:

    Austria: Gablenz Barracks, Graz, Styria

    Cyprus: National Guard Airbase Paphos

    Czech Republic: Military Technical Museum LEŠANY

  • Page 1

    Germany: Rommel Barracks (Rommelkaserne), Dornstadt

    and Gaeuboden Barracks (Gäubodenkaserne),

    Feldkirchen

    Greece: Airbase Larissa

    Luxembourg: Grand-Duc Jean Barracks, Diekirch

    Romania: Airbase Fetesti, Fetesti, Ialomita county,

    Romania

    Occasional travel to Belgium, Brussels will be required

    during the competitive dialogue and/or implementation of

    the Contractual Arrangements.

    Joint tenders See Section 10.1

    Subcontracting See Section 10.2

    2. INTRODUCTION AND BACKGROUND

    Pursuant to Council Decision 2011/411/CFSP of 12 July 2011 defining the statute,

    seat and operational rules of the European Defence Agency and repealing Joint

    Action 2004/551/CFSP, the mission of the European Defence Agency (hereinafter

    “EDA” or “the Agency”) is "to support the Council and the Member States in their

    effort to improve the EU‟s defence capabilities in the field of crisis management and

    to sustain the CSDP as it stands now and develops in the future.”

    Functions and tasks:

    The European Defence Agency, within the overall mission set out in the Agency‟s

    constituent act, is ascribed four functions, covering:

    developing defence capabilities;

    promoting Defence Research and Technology (R&T);

    promoting armaments co-operation;

    creating a competitive European Defence Equipment Market and

    strengthening the European Defence, Technological and Industrial Base.

    All these functions relate to improving Europe's defence performance, by promoting

    coherence. A more integrated approach to capability development will contribute to

    better-defined future requirements on which collaborations - in armaments or R&T or

  • Page 1

    the operational domain - can be built. More collaboration will, in turn, provide

    opportunities for industrial restructuring and progress towards the continental-scale

    demand and market, which industry needs.

    Further information may be found on the Agency‟s web site at

    http://www.eda.europa.eu

    3. PROCEDURE

    The competitive dialogue procedure shall be used in conformity with Article 30 of the

    Procurement rules and rules for financial contributions from the operational budget of

    the European Defence Agency and Article 29 of Directive 2004/18/EC of the

    European Parliament and of the Council of 31 March 2004 on the coordination of

    procedures for the award of public works contracts, public supply contracts and

    public service contracts.

    3.1. What is a Competitive Dialogue?

    A competitive dialogue procedure will be used due to the specificities and complexity

    of the project.

    The competitive dialogue procedure is carried out in three main phases:

    3.1.1. PHASE ONE – REQUEST TO PARTICIPATE IN THE COMPETITIVE

    DIALOGUE

    In phase one, entities1 are requested to express their interest in taking part in the

    procedure by submitting a request to participate in the competitive dialogue

    (hereafter referred to as a „Request to Participate‟). At this stage of the procedure,

    economic operators are only requested to meet the conditions for participation, the

    exclusion and the selection criteria of the procedure as defined in these

    specifications. Requests to participate will therefore only be evaluated against those

    criteria. At this stage the Technical Specifications are not available, only a broad

    summary of the technical requirements is provided with the tender documentation.

    The purpose is to qualify at least three companies/consortia capable of carrying out

    such type of assignments.

    1 Any individual, partnership, proprietorship, corporation, association or other organisation that has, in

    the eyes of the law, the capacity to make a contract or an agreement and the abilities to assume an obligation and to pay off its debts.

    http://www.eda.europa.eu/

  • Page 1

    After evaluation of the received Requests To Participate and related supporting

    documentation, should more than 6 candidates fulfil the selection criteria, each

    candidate will be ranked in descending order on the basis of the additional selection

    criteria provided in section “7.4 Additional Selection Criteria” with a view to

    establishing the list of maximum six (6) candidates. As a result of this first phase, up

    to six selected candidates will receive an „Invitation to Take Part In the Dialogue‟. The

    other non-successful candidates will be notified of the outcome of the first phase.

    3.1.2. PHASE TWO - DIALOGUE PHASE

    Phase two of the procedure, the dialogue phase, starts with the Invitation to take part

    in the Dialogue, which will be sent to the successful candidates of the first phase.

    The Invitation to Take Part In the Dialogue shall include information on how the

    dialogue will be conducted, together with preliminary technical specifications and

    administrative modalities, e.g. on-site visits of the pilot locations will be required. It

    shall also include the award criteria that will be used to select the most economically

    advantageous tender, at the end of Phase 3. These award criteria will also be used

    by the Contracting Authority to progressively eliminate certain solutions during this

    second phase, if deemed appropriate in light of the number of selected candidates

    and the complexity of the project. Candidates may therefore be requested to provide

    their outline solutions, followed by their detailed solutions, during Phase 2, which will

    be assessed by the Contracting Authority against the award criteria referred to

    above.

    The aim of the dialogue will be to identify the means which will best satisfy the needs

    and requirement of the Contractual Arrangements. The total duration of the dialogue

    is intended to last up to seven months, during which time the candidate may be

    requested to attend meetings, provide an outline of the solutions, etc.

    All the information made available by the candidates during the dialogue phase will

    remain confidential, unless the candidate expressly agrees that it be disclosed. Once

  • Page 1

    the European Defence Agency is confident that the needs and requirement of the

    Contractual Arrangements have all been addressed with the selected candidates, it

    will declare the dialogue concluded.

    3.1.3. PHASE THREE – INVITATION TO SUBMIT A TENDER

    Following the conclusion of the dialogue, in the third phase of the procedure, the

    Tender Phase, the remaining candidates (up to three) will be invited to submit their

    final tenders on the basis of the full tender specifications provided in the Invitation to

    Submit a Tender. This Invitation to Tender will be composed of Tender

    Specifications, Technical Specifications, Management Specifications, Model

    Contractual arrangements, the detailed Cost Breakdown and any other relevant

    Tender Documentation, if applicable. The Tender documents may take on board

    some of the outcome of the dialogue phase, such as technical solutions, more

    detailed specifications, etc.

    The tenders will be evaluated against the award criteria which are set out in the

    Invitation to Take Part In the Dialogue (Phase 2).

  • DIALOGUE

    COMPETITIVE DIALOGUEFlow Chart

    Request to Particiapte & issue of contract notice

    Selection of candidates

    Issue of Invitation to take part in the dialogue – Start of dialogue phase

    Outline of solution submitted by participants

    Information meeting with individual

    participants

    Submission of project proposal

    Assessment of project proposals

    Conclusions and closing of dialogue

    Request for submission of tender

    (standard tender phase)

    Evaluation of final tenders (Limited contact

    with tenderers)

    Selection of tenderers and debrief unsuccessful

    tenderersContract award decision

    PHASE 1

    PHASE 2

    PHASE 3

    Specifications for the Request to Participate

    (Number of solutions can be reduced)

    2 months

    3 months

    2 months

    Indicative timeline

  • Page 10

    4. BROAD DESCRIPTION OF THE PROJECT

    The establishment of a coherent Energy policy of pMS that allows the Armed Forces

    to exploit their “Renewable Energy potential” could be a fundamental contribution to

    Europe‟s 2020 energy target. The GO GREEN initiative aims at analysing and

    unleashing the Armed Forces Renewable Energy potential, starting in the field of

    photovoltaic power generation, developing a common approach, distributing the

    generated benefits while, at the same time, creating additional investment for

    improving capabilities for CSDP or release pressure on national defence budgets.

    The main locations for project implementation in all participating Member states of

    the GO GREEN project constutes the pilot case.

    4.1. Scope

    The scope of the project is the feasibility analysis, preparation, implementation,

    maintenance and operation of photovoltaic installations for renewable energy

    production on selected armed forces pilot sites of the seven participating Member

    States of GO GREEN. Each pilot site shall be equipped with photovoltaic panels to

    generate renewable energy either in parallel or sequentially of the overall project

    duration and in accordance with the schedule discussed during the procurement

    procedure.

    Please refer to Annex 1 – Scope and Description of the project, for more information

    on this topic.

    4.2. Place of project implementation

    The GO GREEN project shall be implemented on seven eight national pilot sites at

    the following locations:

    Austria: Gablenz Barracks, Graz, Styria

    Cyprus: National Guard Airbase Paphos

    Czech Republic: Military Technical Museum LEŠANY

    Germany: University of the Federal Armed Forces Munich

    Rommel Barracks (Rommelkaserne), Dornstadt

    and Gaeuboden Barracks (Gäubodenkaserne), Feldkirchen

    Greece: Airbase Larissa

    Luxembourg: Grand-Duc Jean Barracks, Diekirch

    Romania: Airbase Fetesti, Ialomita County

  • Page 11

    Please refer to Annex 1 – Scope and Description of the project, for more information

    on this topic.

    5. ADMINISTRATIVE PROVISIONS RELATING TO THE REQUEST TO

    PARTICIPATE

    5.1. Structure and presentation of the Request to Participate

    Requests to Participate must be submitted as follows: in paper 1 original and 3

    copies as well as one electronic copy (CD). The original must be clearly labelled as

    „Original‟ and the copies as „Copy 1‟, „Copy 2‟ and „Copy 3‟. The electronic copy shall

    be copied onto (a) separate disc(s) (CD/DVD) and must also be clearly labelled. The

    Request to Participate (phase 1) must be presented in the following sections:

    Section One: Administrative Information

    Section two: Exclusion Criteria

    Section three: Selection Criteria

    5.2. Deadline for the submission of the Request to Participate

    Requests to Participate are to be sent to the following address:

    Legal and Contracting Unit European Defence Agency Rue des Drapiers 17-23 B-1050 Brussels, Belgium

    The deadline for submission of Requests to Participate is 26 October 2012, at 5:00 PM, Brussels time.

    Requests to Participate shall be submitted either:

    by registered post, or;

    by hand-delivery to the premises of the Agency, by the candidate in person or by an agent, including courier service.

  • Page 12

    In either case, the deadline for submission shall be considered to be the date of

    receipt by the Agency of the tender. Requests to Participate not received by the

    prescribed deadline shall be discarded.

    The Agency is open from 09.00 to 17.00 Monday to Friday. It is closed on Saturdays,

    Sundays and EDA holidays.

    The Request to Participate must be submitted in accordance with the double

    envelope system:

    The outer envelope or parcel should be sealed with adhesive tape and signed

    across the seal and carry the following information:

    the reference number of the Request to Participate:

    12.ARM.CD.01

    the project title: European Armed Forces GO GREEN

    the name of the candidate

    the indication “Tender - Not to be opened by the internal

    mail service”

    the address for submission of requests to participate

    the date of posting (if applicable) should be legible on the

    outer envelope.

    The outer envelope must contain two inner envelopes, namely, Envelope A and B.

    an inner envelope, the content of which must be as follows:

    The content of each of these two envelopes must be as follows:

    Envelope A – Administrative documents

    the Submission Form found in Annex 2

    the duly filled in, signed and dated Declaration on Exclusion

    Criteria, using the standard template in Annex 3

    the duly filled in, signed and dated Legal Entity Form(s) as indicated

    in Annex 4

  • Page 13

    The Technical & Professional Capacity criteria documents as

    requested in section 8.2

    The Economic & Financial Capacity criteria documents as

    requested in Section 8.3, including the Simplified Balance Sheets and

    Profit & Loss Account Form available in Annex 5.

    Duly authorised signature, i.e. an official document (e.g. statutes,

    power of attorney, notary statement, etc.) proving that the person who

    signs on behalf of the tenderer is duly authorised to do so.

    In case of consortia, the consortium agreement or a duly signed and

    dated consortium statement by each of the consortium members

    specifying the company or person heading the project and authorised

    to submit a tender on behalf of the consortium.

    5.3. Communication

    Contacts between the EDA and candidates are prohibited throughout Phase 1 of this

    procedure save in exceptional circumstances and under the following conditions:

    - Before the final date for submission of the Request to Participate:

    o At the request of the candidate, the EDA may provide additional

    information solely for the purpose of clarifying the content of these

    Specifications for the Request to Participate. Any requests for

    additional information must be made in writing only via the European

    Defence Agency‟s Procurement webpage:

    http://www.eda.europa.eu/procurement

    Requests for additional information received less than 10 calendar days

    before the final date for submission of the Request to Participate will

    not be processed. Responses to these requests will be provided within

    5 calendar days.

    o The European Defence Agency will, on its own initiative, inform

    interested parties of any error, inaccuracy, omission or any other

    clerical error in the text of these Specifications for the Request to

    Participate.

    o Any additional information including that referred to above will be made

    available simultaneously to all candidates on the European Defence

    http://www.eda.europa.eu/procurement

  • Page 14

    Agency‟s Procurement webpage:

    http://www.eda.europa.eu/procurement

    - After the opening of the Request to Participate:

    o If clarifications are required or if obvious clerical errors need to be

    corrected in the submitted Request to Participate, the EDA will contact

    the candidate(s) in writing.

    6. CONDITIONS FOR PARTICIPATION

    This section defines the conditions which a candidate must meet when preparing

    and presenting its Request to Participate, so that the Request to Participate will

    be accepted for consideration and in order for the European Defence Agency to

    gain a better understanding and appreciation of the information received.

    Participation in the competitive dialogue is open to economic operators that are

    nationals of or established in the territory of an EU, EEA or SAA state.

    o Requests to Participate must be drawn up strictly in accordance with

    the provisions of these Specifications and using the relevant annexed

    forms.

    o Submission of a Request to Participate in the dialogue implies that the

    candidates accept the terms and conditions set out in all documents of

    these Specifications for the Request to Participate. Those candidates,

    who will be asked to take part in the dialogue and submit the final

    tenders, will in addition need to comply with the future Invitation to

    tender including the specifications, draft Contractual Arrangements and

    all annexes thereof. Submission of a tender binds the candidate to

    whom the contract is awarded during the performance of the

    Contractual Arrangements.

    o The Request to Participate shall be signed by a person or persons

    entitled to represent the economic operator.

    http://www.eda.europa.eu/procurement

  • Page 15

    o All the documents submitted by the candidates shall become the

    property of the European Defence Agency and will be treated as

    confidential.

    6.1. Language

    Tenders should be written in one of the official languages of the European Union,

    preferably English. Requested documents not available in English may be

    accompanied by an English courtesy translation. It is foreseen that the

    competitive dialogue will be carried out in English.

    6.2. General Administrative information

    The following information and documents shall be provided in the Request to

    Participate:

    6.2.1. Full name of the entity, legal status, VAT status and registration

    number, address, telephone and fax numbers, the name of the

    contact person responsible for the tender as well as the name of the

    legal representative of the entity, as signatory of the Contractual

    Arrangements. Please use Annex 4 – Legal Identity Entity Form for

    this purpose.

    The information to be provided under this paragraph shall be

    accompanied with a transcript or a certificate, issued by the

    competent body - namely the commercial register - in the country of

    establishment or the country of the main office of the candidate.

    Non-commercial undertakings may provide a copy of their act of

    incorporation, if, under the law of their country of establishment or the

    country of their main office, they are not subject to public registry.

    Natural persons applying in their own name must provide a copy of

    their passport or other equivalent identification document.

    6.2.2. a duly completed Legal Entity Form using the form available on the

    following page :

    http://ec.europa.eu/budget/info_contract/legal_entities_en.htm

    6.2.3. A duly completed Submission Form using the model provided for in

    Annex 2.

    http://ec.europa.eu/budget/info_contract/legal_entities_en.htm

  • Page 16

    7. EXCLUSION CRITERIA

    Candidates shall be excluded from participation in the present procurement

    procedure if:

    a) they are bankrupt or being wound up, are having their affairs administered by

    the courts, have entered into an arrangement with creditors, have suspended

    business activities, are the subject of proceedings concerning those matters,

    or are in any analogous situation arising from a similar procedure provided for

    in national legislation or regulations;

    b) they have been convicted of an offence concerning their professional conduct

    by a judgement which has the force of res judicata;

    c) they have been found guilty of grave professional misconduct proven by any

    means which the Agency can justify;

    d) they have not fulfilled obligations relating to the payment of social security

    contributions or the payment of taxes in accordance with the legal provisions

    of the country in which they are established or with those of the pMS of EDA

    or those of the country where the contract is to be performed;

    e) they have been the subject of a judgement which has the force of res judicata

    for fraud, corruption, involvement in a criminal organisation or any other illegal

    activity detrimental to the financial interests of the EU or EDA pMS;

    f) they are currently subject to an administrative penalty imposed by the EU

    institutions as referred to in the Financial Regulation applicable to the budget

    of the European Union.

    Candidates shall be excluded from the award of the Contractual Arrangements if,

    during the present procurement procedure,:

    g) they are subject to a conflict of interest

    h) they are guilty of misrepresentation in supplying the information required by

    the EDA as a condition of participation in the contract procedure or fail to

    supply this information.

  • Page 17

    The following documents will be accepted as proof that the candidates are not in any

    of the situations mentioned in points a), b), c) ,d), e), f):

    1. for a), b) and e), the production of a recent extract from the judicial record or,

    failing that, an equivalent document recently issued by a judicial or

    administrative authority in the country of origin or establishment, showing that

    those requirements are satisfied;

    2. in the case mentioned in d), a recent certificate issued by the competent

    authority of the Member State concerned.

    Where the document or certificate referred to above is not issued in the

    country concerned it may be replaced by a sworn declaration or, failing that, a

    solemn statement made by the interested party before a judicial or

    administrative authority, a notary or a qualified professional body in its country

    of origin or provenance;

    3. in the cases mentioned in c) and f), the candidate will have to provide a sworn

    declaration or, failing that, a solemn statement made by the interested party

    before a judicial or administrative authority, a notary or a qualified professional

    body in its country of origin or provenance.

    Depending on the national legislation of the country in which the candidate is

    established, the documents referred to above shall relate to legal persons and/or

    natural persons including company directors or any person with powers of

    representation, decision-making or control in relation to the candidates

    Please complete Annex 3 – Declaration on exclusion criteria and provide the relevant

    documentary evidence.

    Upon request, EDA may waive, during phase 1, the obligation for candidates to

    submit this evidence if it has already been submitted to the Agency for the purposes

    of another procurement procedure and provided that the documents are no more

    than one year old starting from their issuing date and that they are still valid.

  • Page 18

    8. SELECTION CRITERIA

    The candidates have to prove their technical, professional, economic and financial

    capacity necessary to perform the obligations arising under the Contractual

    Arrangements.

    8.1. Definitions

    For the purpose of the selection criteria, the following definitions have been

    established:

    Candidate: single economic operator or a grouping of economic operators

    responsible for the submission of the Request to Participate. A request submitted by

    a grouping will be treated as a Joint Request to Participate as described under

    Section 10.1.

    „Main‟ Subcontractor: A Main Subcontractor is defined in this context as an

    economic operator whose expertise is essential for the fulfilment of one or more

    technical selection criteria.

    8.2. Technical and Professional Capacity Required

    The Candidate (single company or grouping) must have adequate technical and

    professional capacity to perform the scope of the Contractual Arrangements within

    the indicated schedule.

    To this end, the Candidate shall demonstrate compliance with the selection criteria

    listed under a) to k), by providing the relevant documentary evidence.

    Technical capacity Information requested to prove such capacity

    In the case of a grouping of economic operators: Criterion applies to:

    a) The Candidate must demonstrate past experience in project management of large complex energy projects

    At least 5 examples of projects worth at least 50 Million EUR each, as prime Contractor or Group Leader

    At least one

    b) The Candidate must demonstrate past experience in the project management of large Renewable Energy projects based on technical specifications, requirements from

    At least 5 examples of such project during the last fifteen years for the supply, installation, operation and maintenance of renewable energy plants.

    At least one

  • Page 19

    the Supplier Please specify minimum requirements in overall 200 MWp technical maintenance.

    c) The Candidate must demonstrate past experience in the project management of large cross-border photovoltaic (PV) projects

    At least 2 examples of projects delivered outside the country of establishment during the last fifteen years, each > 10 MWp

    At least one

    d) The Candidate must have proven experience in installation of solar panels in roof mounted and free land based PV plants

    Please list references of rooftop and free land based PV plants rooftop: minimum 10 projects > 500 KWp; free land: minimum 5 projects >5MWp;

    At least one

    e) The Candidate must have proven experience in the pre-analysis of solar power potential for investors (technical due diligence, PV optimization)

    Please specify and describeexamples during the last fifteen years and the reliability of the revenue forecasts. rooftop: minimum 10 projects > 500 KWp; free land: minimum 5 projects >5MWp;

    At least one

    f) The Candidate must have proven experience in the design, engineering and implementation of supporting services, including monitoring systems

    At least 2 examples of such supply during the last fifteen years, aggregation and supervision of all systems in a common control centre

    At least one

    g) The Candidate must demonstrate capacity to comply with current industry standards in the quality and management requirements

    Please specify and refer to current international industry standards ISO 9000 or equivalent

    All members of the

    grouping

    h) The Candidate must demonstrate an adequate internal organization and manpower for the purpose of the project

    Organisational chart for the Project and sample profiles of project management leaders

    All members of the

    grouping

    i) The Candidate must demonstrate proven capacity to deal with national governmental and industrial entities in Europe, namely in GO GREEN cMS

    2

    Please list countries and provide details on the character of this capacity (e.g. concerning geomorphology, solar regional capacity, national legislation, etc.)

    3

    At least one

    j) The Candidate must have proven experience in grid-connection

    Please state your experience At least one

    k) The Candidate must have proven experience in structuring and financing (renewable) energy and infrastructure transactions with major equity investors and financial institutions >100 Mio. €

    Please specify within reference project(s)

    Developing viable financing structures

    Debit/equity/bridge financing

    Proposition of legal setup and of investment structures

    Transaction preparation & execution

    At least one

    2 The Agency encourages Candidates to associate themselves with other cMS local economic operators in the field of renewable energy

    3 Related documents referred can be permits, certifications and contracts signed with involved national authorities like Ministry of Environment, Regulatory Authority of Energy, Electrical Power Supply Companies, etc.

  • Page 20

    Placement guarantee

    Customer satisfaction

    Candidates are requested to structure adequately the respective documentary

    evidence against each of the relevant selection criteria. Documentary evidence

    submitted in bulk and not structured effectively in accordance with the criteria above

    which does not enable EDA to determine whether each of the selection criteria is met

    may lead to exclusion of the Candidate from the selection procedure.

    A Candidate may rely on one or several prospective subcontractor(s) to fulfil one or

    several of the technical selection criteria. However, it must be noted that if a

    candidate relies on a subcontractor for fulfilment of one or several of the selection

    criteria, exclusion of such subcontractor implies rejection of the candidate‟s Request

    to Participate.

    The European Defence Agency reserves the right to verify technical and professional

    capacity by means of checks (including by on-site visits) carried out by the EDA GO

    GREEN cMS, or, on its behalf, by a third party duly authorised or by a competent

    official body of the country in which the supplier is established. In particular, such

    checks may concern the Candidate‟s technical capacity and engineering capacity

    and, if necessary, its study and test facilities and quality control measures.

    8.3. Economic and Financial Capacity Required

    The candidate must have adequate financial and economic capacity for performing

    the scope of the Contractual Arrangements in the indicated schedule. The aim is to

    ensure that industry can raise investor interest and ensure sustainability during the

    project. To this end, the following documents shall be provided by the candidate in

    their Request to Participate:

    A statement of the candidate‟s overall turnover for the previous three

    financial years for which the accounts have been closed.

    The presentation of Balance Sheets and Profit and Loss account for the last

    three years for which accounts have been closed, where publication of the

  • Page 21

    balance sheet is required under the company law of the country in which

    the economic operator is established.

    Balance Sheets and Profit and Loss account shall be presented both in the

    official format of the candidate and in the template provided by EDA in

    Annex 5 - Simplified Balance Sheets and Profit & Loss Account Form.

    For the assessment of the economic and financial capacity, the following ratios/

    values (calculated as average over the last five financial years for which the

    accounts have been closed) and thresholds will be considered:

    a) Minimum viability standards.

    Liquidity:

    o Ratio: : Current assets > 1 year) / Current Liabilities

    o The evaluation will be considered negative if ratio < 2.5.

    Solvency:

    o Ratio: Total debt / (Capital and reserves – 50% of intangible assets)

    o The evaluation will be considered negative if ratio > 7 or < 0.

    Profitability.

    o Ratio: Gross Operating Profit / turnover

    o The evaluation will be considered negative if ratio < 0.03

    b) Noteworthy values/ratios to be achieved.

    Turnover:

    o Value: Average overall turnover.

    Evaluation: Negative if the overall turnover is < 100,000,000 €

    Cashflow-Ratio4 2009, 2010, and 2011 (or equivalent: the past 3 business

    years):

    o Ratio: (Cash flow from operating activities) / Turnover

    4 The International Financial Reporting Standards defines cash flow from operating activities as cash

    generated from operations less taxation and interest paid, investment income received and less dividends paid gives rise to operating cash flows

  • Page 22

    o Evaluation : Negative if the average ratio of 2009, 2010, and 2011

  • Page 23

    The level of similarities and relevance between previous projects, in general,

    and the one subject of this procurement: up to 3 points

    The installed power of photovoltaic panels (land/roof-based, in MWp) in

    previous projects: up to 3 points.

    The six candidates obtaining the highest score (maximum 20 points) will be selected

    and invited to take part in the dialogue.

    9. ASSESSMENT OF REQUESTS TO PARTICIPATE AND CANDIDATES

    The assessment of candidates will take place in two stages.

    Exclusion of candidates on the basis of the exclusion criteria listed in Section

    7. Please complete Annex 3 - Declaration on Exclusion Criteria and provide

    the relevant documentary evidence.

    Selection of candidates on the basis of selection criteria listed in Section 8.

    The assessment of the exclusion and selection criteria (see above) will be carried out

    during phase 1 of the Procedure in order to assess whether candidates can take part

    in the dialogue and possess the technical, professional and financial capabilities to

    perform the Contractual Arrangements.

    10. JOINT REQUEST TO PARTICIPATE AND SUBCONTRACTING

    Entities may consider two ways of collaborating in a Request to Participate:

    either as joint partners or

    through subcontracting.

    Requests to participate may also combine both approaches. In any case, the

    candidate must specify clearly whether each entity involved in the Request to

    Participate is acting (i) as a partner in a Joint Request to Participate or (ii) as a

    subcontractor (this also applies where the various entities involved belong to the

    same corporate group, or even where one is the parent company of the others).

    Please fill in Annex 2 - Submission Form.

  • Page 24

    10.1. Joint Request To Participate

    Requests to Participate may be submitted by groupings of economic operators who

    will not be required to adopt a particular legal form prior to the Contractual

    Arrangements being awarded. Candidates intending to participate with a partner and

    having already set up a consortium or similar entity to that end, should specify the

    details of such cooperation in the Request to Participate, together with any other

    relevant information.

    If the grouping has not adopted any legal form yet and is awarded the market, EDA

    may require them to acquire a specific legal form before the Contractual

    Arrangements are concluded. This can take the form of:

    • an entity with legal personality recognised by a Member State; or

    • an entity without legal personality but offering sufficient protection to EDA‟s

    contractual interests.

    (Depending on the Member State concerned, this may be, for example, a consortium

    or a temporary association.)

    Each member of the grouping must meet the condition for participation as defined

    under section 6 of this document.

    Joint Requests to Participate will be assessed as follows:

    • The exclusion criteria (see Section 7) will be assessed in relation to each

    economic operator individually. The Declaration on Exclusion Criteria (Annex 3),

    duly signed and dated, stating that the candidate is not in one of the situations

    listed in Section 7 together with the documentary evidence, must be provided by

    each of the members of the grouping.

    • The selection criteria, (economic, financial, technical and professional capacity)

    (see Section 8) will be assessed in relation to the grouping as a whole, with the

    exception of the following criteria which will be assessed in relation to each

    economic operator individually:

    o The selection criterion and information required under Section 8.2. g) –

    i.e. the capacity to comply with the quality and management

    requirements.

    o The selection criterion and information required under Section 8.3 a) –

    i.e. Minimum viability standards.

  • Page 25

    The Request to Participate must be signed by an authorised representative of each

    member of the grouping unless a power of attorney has been granted. If the person

    signing is doing so pursuant to a power of attorney, a copy of such power of attorney

    must be included in the Request to Participate.

    10.2. Subcontracting

    10.2.1. GENERAL REMARKS ON SUBCONTRACTING:

    Tasks provided for in the contract may be entrusted to sub-

    contractors. However the contractor retains full liability towards

    EDA for performance of the ensuing contractual arrangements, as a

    whole. Accordingly:

    EDA will treat all contractual matters (e.g. payment) exclusively

    with the contractor, whether or not the tasks are performed by a

    subcontractor;

    Under no circumstances can the contractor avoid liability towards

    EDA on the grounds that the subcontractor is at fault;

    During the procedure and execution of the Contractual

    Arrangements, the candidate/contractor will need EDA‟s

    authorisation to replace a main subcontractor with another

    and/or to subcontract tasks for which subcontracting was not

    envisaged in the original offer.

    Additional information may be requested from subcontractors

    during the procedure.

    10.2.2. REQUEST TO PARTICIPATE INVOLVING SUBCONTRACTING

    If a candidate envisages subcontracting, it must include the following information in

    the Request to Participate:

    Identity of the legal entity and the address

    Reasons why subcontracting is envisaged;

    Roles, activities and responsibilities of subcontractor(s);

  • Page 26

    A letter of intent from each subcontractor stating its

    unambiguous undertaking to collaborate with the candidates and

    the extent of the resources that it will put at the candidate‟s

    disposal for the performance of the contract.

    For Requests To Participate involving one or more main subcontractor, the following

    criteria will be assessed in relation to each proposed main subcontractor:

    The exclusion criteria (see Section 9 7).

    The selection criteria and Information required under Section 8.2

    g) – i.e. the capacity to comply with the quality and management

    requirements.

    The selection criteria and Information required under Section 8.3

    a) – i.e. Minimum viability standards.

    11. INFORMATION FOR CANDIDATES AT THE END OF PHASE ONE

    At the end of the first phase of the procedure, EDA will inform the candidates of the

    decision made concerning the selection of maximum six (6) candidates which will

    take part in the competitive dialogue.

    The candidates having successfully passed the selection process (Phase 1) will be

    invited to take part in the dialogue. They will receive a complete set of descriptive

    documents including detailed technical and management part.

    The non-successful candidates will be informed in writing that they have not been

    retained to take part in the dialogue.

    12. SECURITY INFORMATION

    Candidates may be obliged to fulfil national security requirements in the seven

    Member States and thus be requested to obtain valid security clearances for the

    purposes of implementing the ensuing Contractual Arrangements.

    13. MISCELLANEOUS INFORMATION

    None of the expenses incurred in this Competitive Dialogue (all three phases) shall

    be reimbursed by the EDA or contributing Member States.

  • Page 27

    Fulfilment of the conditions of these Specifications for the request to participate and

    the initiation of a tendering procedure impose no obligation on EDA to award the

    Contractual Arrangements. EDA is not liable for any compensation to candidates

    whose Requests to Participate have not been accepted. Nor is it so liable if it decides

    to cancel the procedure and/or not to award the Contractual Arrangements.

    Candidates should acknowledge that withdrawal from the project by one or more

    contributing Member States during the competitive dialogue may entail either a

    modification of scope of the market in question and of project implementation

    locations, or a cancellation of the competitive dialogue and/or project outright.

    14. ANNEXES

    1. Project Overview

    2. Submission Form

    3. Declaration on Exclusion Criteria

    4. Legal Entity Form: Freely available for download at the following URL

    address:

    http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/lega

    l_entities_en.cfm

    5. Simplified Balance Sheets and Profit & Loss Account Form

    http://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfmhttp://ec.europa.eu/budget/contracts_grants/info_contracts/legal_entities/legal_entities_en.cfm

  • Page 28

    ANNEX 1 Project overview - “European Armed Forces GO GREEN” project

    I. Introduction: background to the invitation to the competitive dialogue

    Energy is an essential component of military operations. It is a force multiplier. Energy

    innovations in operations and at home support Armed Forces today and in the future and,

    more broadly, enable them to contribute to Europe‟s 2020 Energy Policy target.

    EU Armed Forces collectively manage numerous buildings and structures with a total

    estimated surface of about 200 million square meters. Through this, they have an

    opportunity to save energy and deploy new alternative energy sources for faster, cleaner,

    more sustainable and cheaper ways to meet their growing energy needs. Several

    national initiatives have already reduced energy consumption and contributed to self-

    energy production in recent years. But there is the need for a sustainable, inclusive

    approach, targeting the full potential of European Armed Forces.

    EDA supports its participating Member States in establishing and promoting innovative

    concepts and collaboration in the area of renewable energy production and energy

    efficiency as a means of becoming less dependent on expensive and unstable energy

    sources and of increasing compatible renewable energy development.

    Through the GO GREEN project, contributing Member States will develop and

    demonstrate a generic photovoltaic power generation exploitation model that could

    subsequently be used more widely in their nations as well as expanded to other EU

    Member States as well as other sources of renewable energy. The final target is to

    demonstrate the production and use of renewable energy for Armed Forces by installing

    photovoltaic panels on dedicated national pilot sites with benchmarking at the end of the

    project.

    II. Description of subject and scope of work

    The scope of the project is the feasibility analysis, preparation, implementation,

    maintenance and operation of photovoltaic panel installations for renewable energy

    production on selected Armed Forces pilot sites of the seven contributing Member States

    of GO GREEN.

  • Page 29

    II.1. Pilot site information:

    Each contributing Member State of GO GREEN selected one representative pilot site for

    the demonstration of the project among their housing/land inventory. The table below

    indicates the country (also referenced as “contributing Member States”, “cMS GO

    GREEN”), the pilot site location and a rough initial estimate of the pilot site surface for

    photovoltaic installations.

    Country

    (cMS)

    GPS Coordinates

    (Lat/Long)

    National pilot site

    (roof or ground mounted)

    Available area/surface

    Austria +47° 2' 37.02",

    +15° 23' 37.85"

    Gablenz Barracks (Gablenz-

    Kaserne)

    Straßganger Straße 360

    8054 Graz

    Austria

    ~ 7 000 sqm

    Cyprus +34° 43' 0.00",

    +32° 29' 29.35"

    National Guard Airbase Paphos

    Republic of Cyprus

    ~ 98 000 sqm

    Czech

    Republic

    +49° 50' 45.04",

    +14° 31' 56.71"

    Military Technical Museum,

    Vojenské technické muzeum

    Lešany

    Pošta Krhanice, PSČ 257 4

    Czech Republic

    ~ 1 390 sqm

    Germany

    +48° 27' 8.47",

    +9° 57' 5.11"

    +48° 49' 59.01",

    +12° 33' 16.03"

    National pilot case spread over

    two locations, here ref as Part

    1/Part 2:

    Part 1 : Rommel Barracks

    (Rommelkaserne)

    Dornstadt, Lerchenfeld 1

    89160 Dornstadt

    Germany

    Part 2: Gaeuboden Barracks

    (Gäuboden-Kaserne),

    Mitterharthausen 55

    ~ 34 000 sqm

    ~ 36 000 sqm

  • Page 30

    94351 Feldkirchen

    Germany

    Greece +39° 39' 6.11",

    +22° 27' 48.99"

    Airbase Larissa

    Postal Code 41001, Larissa

    ~ 300 000 sqm

    Luxembourg +49° 52' 25.82",

    +6° 10' 1.59"

    Caserne Grand-Duc Jean

    L-9330 Diekirch

    ~ 13 500 sqm

    Romania +44° 23' 30.20",

    +27° 43' 29.49"

    AirBase FETESTI

    UM 01912 FETEŞTI

    str. Călăraşi, nr.1, CP 2,

    Cod poştal 927176 Comuna

    Bărăganu, judeţul Ialomiţa

    ~ 400 000 sqm

    Total estimated power output of all installations: 60 – 70 MWp

    All pilot sites described above will form an integral part of the project and candidates will

    need to refer to and provide offers for all the pilot cases. A change of location may be

    considered by EDA as a result of the competitive dialogue (in phase 2). Additional

    national pilot sites in the seven countries may be considered as options during the

    competitive dialogue, if seen necessary for the successful implementation of GO

    GREEN.

    III. Outline of the services required. Description of work.

    III.1. General: GO GREEN aims at analysing and unleashing the Armed Forces

    renewable energy potential in the field of photovoltaic power generation, developing a

    common approach, distributing the generated benefits while, at the same time, creating

    additional investment for improving capabilities for Common and Security Defence Policy

    (CSDP) or release pressure on national defence budgets.

    III.2. Argument: Armed Forces in Europe possess large amounts of resources which can

    be used for energy production. However, these resources have not been fully exploited

    so far. Missing investments as well as incentives for both private investors as well as

    Armed Forces have recently allowed only a moderate increase of renewable energy

    production and use.

  • Page 31

    III.3. Methodology: GO GREEN will contribute to changing this situation and

    demonstrate how renewable energy production can be addressed in Armed Forces on a

    wider scale by using existing strengths and leveling structural weaknesses of participants

    and by effectively addressing the challenge of missing governmental funding. For this to

    happen, Go Green cMS have pooled selected resources together under the EDA

    umbrella to establish a multinational photovoltaic business case, allowing more beneficial

    conditions for industry and governments with higher returns. Selected Barrack roofs/ free

    land were identified and access rights handover is being prepared for transfer to EDA.

    EDA is offering these resources through a competitive dialogue to industry for energy

    exploitation. Industry is encouraged through this process to develop a common approach

    for selected pilot cases and involved cMS. The Business Case to be developed by

    industry shall consider the specificities of these installations and allow the optimized

    renewable energy production. The benefits of feeding this generated electricity into the

    public grid shall be shared among project participants. The main objective of the

    Business Case prepared by industry shall be the ideal procedural and financial set-up of

    the model and the output driven return. Possibilities of self-used electricity shall be

    considered as well as full scale feed-in of the produced electricity into the public network.

    As Go Green is a first multinational pilot case with demonstration purposes, the candidate

    shall ensure the development of a standard approach for full scale implementation into

    the Armed Forces of the cMS of GO GREEN.

    The exploitation of the multinational Go Green Business Case has to be more

    advantageous than any, single national approach of the cMS.

    IV. The detailed tasks carried out by the successful candidate are:

    to define a method of strategic planning and standardised “mapping” of

    available infrastructures in the pilot cases (building roofs, free land),

    to determine infrastructures of interest for photovoltaic power generation

    and, on the basis of a transparent methodology,

    to quantify and qualify the current situation of photovoltaic energy potential

    in the pilot cases,

    to seek and raise the necessary financing for the set-up of the project

    investment with dedicated funds;

  • Page 32

    to equip the pilot sites with photovoltaic panels to generate renewable

    energy either in parallel or sequentially and in accordance with the schedule

    discussed during the competitive dialogue procedure for an exploitation period of

    up to 20 years;

    to develop a sharing model of the resulting profit from the feed-in of the energy

    production into the national electricity grid,

    to perform the necessary operation and maintenance of the photovoltaic

    panels and annex installations in the pilot sites for the entire duration of the project

    period.

    to establish a “standard procedure” for the analysis as well as an exploitation

    plan for GO GREEN covering the national as well as European e.g. legislative

    requirements, etc.

    V. The work will be carried out in compliance with the following requirements:

    No handover of project responsibility: No pawning or dissemination of

    business obligations and incurred liabilities of the original contractors to other

    entities shall be permitted during planning and implementation of the project.

    Central Point of Contact: The successful candidate will ensure a central point of

    contact which can provide information about status of analysis, planning cycles

    and project status in every phase of the project.

    EDA support to documentation: The cMS will provide information for the project

    (e.g. blueprints, structural data of the roofs as far as available) and will organise

    mandatory dedicated on-site briefings for appropriate information of candidates

    during the competitive dialogue. However, all legal and technical documentation

    necessary for the planning and implementation of the project will need to be

    owned or obtained by the successful candidate in accordance with the schedule

    discussed during the competitive dialogue.

    Analysis & Demonstration implementation: In order to allow a pre-financed

    project establishment, the industry consortium will offer EDA a full project

    establishment plan covering all actions for project implementation.

    Central management: The photovoltaic installations shall be managed by a

    central organization to ensure feed-in return as well as correct calculation services

    for all pilot sites.

  • Page 33

    Tendering and establishment of the solar panels: Photovoltaic panel

    establishment shall be done following calls for tender organised by the successful

    candidate (“bidder conference”).

    Operation & Maintenance (O&M): All O&M contracting in relation to the

    photovoltaic power sites will be performed by national (regional, local) contractors.

    Common specifications: All solar components for the demonstration projects

    shall be commonly defined, specified and purchased based on the dialogue with

    cMS during the competitive dialogue.

    Type of investment to be used: financial resources shall be collected from

    equitable European funds with capital spreading being an option. In addition,

    structural funds financing is encouraged to (co-)finance part of the needed

    investment in the pilot sites where they are applicable.

    Benchmarking and up-scaling: Full transparency to EDA and cMS and

    benchmarking of success factors (with potential analysis) as agreed upfront shall

    be defined. The project shall be open for later up-scaling at national level (extra

    installations contributing in the later phases)

    The additional use of "Smart Grids" is an option: The optional use of Smart

    Grids shall be investigated and – if feasible – integrated by the successful

    candidate into the concept.

    VI. Volume of the contractual arrangements

    Estimated up to 200 million euros of investment for 60 to 70 MWp installed power in 8

    pilot sites in the territories of the 7 contributing Member States.

    VII. Duration of the contractual arrangements

    Up to 20 years.

    VIII. Place of delivery/execution

    See Section I of this document. Additionally, working meetings for the planning,

    implementation and monitoring of the project might be also required in the pilot sites

    locations as well as in Brussels, Belgium (EDA seat).