TENDER PROCESS

The Management Board of the Energo-Eko I S.A. Company has the pleasure to invite you to participate in the tender process to select the General Contractor for the project under the name “Design and construction of innovative facility for energy recovery from municipal and industrial waste, using degassing technology.”
The site of the project is situated at the indicated address of the Ordering Party’s registered office in Jastrzębie-Zdrój 44-330 Poland, ul. Armii Krajowej 1.
The contract will cover the design, construction, supply, assembly at the construction site, initiation, test run, training and hand-over for operation to the facility within the aforementioned investment project. The contract will be performed in accordance with FIDIC Yellow Book Guide. The contract in question is not procurement within the meaning of the Act on public procurement law.

The facility will use the process of degassing energy from municipal waste and energy fractions of municipal waste (or industrial waste) during thermal treatment. The process gas should then be cooled and cleaned, and burnt in gas engines to produce electricity. The required thermal treatment capacity is 100 thousand Mg/a, and electric power – c. 6 MWe.
The project comprises of complete facilities and devices for receiving waste and mechanical preparation for thermal treatment, facilities and devices for drying waste, facilities and devices for degassing waste in a unit of minimum two distillers with accessories, a facility for cleaning, stabilization and distribution of gas, producing electric and heat energy with gas engines of c. 6 MWe, facilities for exhaust cleaning and afterburning, internal and external infrastructure of warehouse resources, installation of control and measure instruments and automation, as well as other necessary elements.
The technology will meet the requirements of the grant from the Innovative Economy Operational Programme, Measure 4.4, awarded to the Ordering Party, and the requirements concerning the Facility, described in the Functional Specification.
The Ordering Party is in possession of a valid construction permit.
The project is financed from grant, investment loan and own resources. The grant obtained by the Ordering Party comes from EU finances for the Innovative Economy Operational Programme, Measure 4.4. The Contractor or an entity indicated by the Contractor is allowed to participate in the financing of the project.
The approximate net value of the contract (without VAT) is net PLN 102 million.

Requirements of the Ordering Party towards the Contractors.

I. Legal status of the Contractors including requirements concerning the entry into the Professional or Commercial Register

1. In order to confirm that the Contractor is authorized to perform certain business activity or action and is not subject to exclusion for such reasons as: commencement of liquidation or declaration of bankruptcy, being in arrears with tax payments, charges or social insurance or health insurance installments, the application has to include the following declarations and documents:

A/ Signed relevant declaration on the fulfillment of requirements provided for in SIWZ (Terms of Reference) Vol. 1,
B/ Current excerpt from the relevant register or current certificate of the entry in the register of business activity, if separate provisions of law require an entry in the register or a registration in the business activity register, issued not earlier than 3 months before the final date for offer submission.

C/ Current certificate of the relevant Head Officer of the Tax Office and the relevant unit of the National Insurance Company or Farmer’s Social Security Fund confirming that the Contractor is not in arrears with tax payments, charges and social and health insurance installments, or a certificate, that the Contractor had received a decision on exemption from, postponement of or division into installments of the outstanding payments provided for by relevant legal provisions or was granted general withholding of the execution of a decision issued by an authorized body not earlier than 3 months before the final date for submission of applications for admission to participate in the tender process.

D/ Current information from the National Criminal Record on lack of criminal record of the Contractor for crimes committed in relation to procurement procedure, bribery, crime against business trading or other crime committed in order to gain material profit before the final date for Offer submission, issued not earlier than 3 months before the final date for submission of offers.
E/ If the Contractor has its registered office or place of residence outside the territory of the Republic of Poland, instead of the documents required in paragraphs 1.2., 1.3. the documents issued in the country where the Contractor has its registered office or place of residence are to be submitted, confirming respectively that:
- no liquidation proceedings were opened and no bankruptcy declared or no bankruptcy petition was submitted (issued not earlier than 3 months before the deadline for submission of applications for admission to participate in this tender process),
- the Contractor is not in arrears with tax payments, charges, social insurance and health insurance installments or that it had received a decision on exemption from, postponement or division into installments of the outstanding payments provided for by relevant legal provisions or was granted general withholding of the execution of a decision issued by an authorized body (issued not earlier than 3 months before the deadline for submission of applications for admission to participate in this process),
- no decision on a ban on applying for the tender order was ruled (issued not earlier than 3 months before the deadline for submission of applications for admission to participate in this tender process),
- the Contractor submits a declaration of a relevant court or administrative authority of the country of origin or residence of the person to whom the documents refer, in the scope provided for in the aforementioned paragraph 1.4 (issued not earlier than 3 months before the deadline for submission of applications for admission to participate in this process).

If in the country of origin of the person or in the country, where the Contractor has its registered office or place of residence, such documents are not issued, these documents should be replaced by a document including a declaration made in the presence of a notary public, a relevant court, administrative authority or a professional or business self-government authority, relevant for the country of origin of the person or the country where the Contractor has its registered office or place of residence.

2. The Contractors jointly applying for the present tender order (Consortia) should fulfill the requirements for participation in the process at least jointly and submit documents confirming the fulfillment of such requirements according to the provisions of Vol. 1 (Instructions for the Contractors - IDW) Terms of Reference (SIWZ). Moreover, such Contractors establish a Leader of the Consortium to represent them in the present process or to represent them in the process and conclude the agreement referring to the tender order (they are obliged to submit a power of attorney within the offer (Exhibit no 8) establishing the Leader of the Consortium as an attorney authorized to represent the Consortium) and provide an approval of each member of the Consortium in form of a declaration on joint responsibility in relation to the participation in the present tender process and a possible order execution.

II. Economic and financial capacity of the Contractors

1. The Contractors possess financial means or prove creditworthiness for an amount no smaller than PLN 15,000,000 (PLN fifteen million).
2. Are not in arrears with tax payments or social and health insurance installments.
3. Ensure for the time of the provision of works and for the warrantee period an insurance and performance bond according to the rules provided for in Terms of Reference.
4. The Contractors submit their financial statements for the last 3 financial years, and if the statements are subject to a control by expert auditor according to the accounting provisions, then such financial statements should be provided together with an opinion on these financial statements. The amount of the income in the previous years will be subject to analysis, as well as the amount of margins and the structure and sources of business activity financing in order to assess the possibility to fulfill the financial obligations resulting from the contract.

III. Professional and organizational capacity of the Contractors

1. The Bidder should have the necessary knowledge and experience as well as the technical potential and staff to perform the order:

A/ 100 employees including 20 managerial staff members
B/ Employees able to perform the present order, with authorization required by the Construction Act and experience required under the characteristics of the present order, such as:
- designers, such as designer team manager or designers of all specialties – with necessary certificates to perform all projects necessary for the provision of works, who are members of the Chamber of Designers
- constructors and construction site managers, construction works managers of all specialties, with necessary certificates for management of works within their specialties
- remaining specialists, such as representatives of the Contractor or specialist for processing line start-up, specialist for power generator start-up, specialist for quantity surveys and statements.

2. The Bidder should prove the completion of at least two construction contracts within the last 3 years in the scope of industrial installations of a value of at least PLN 30,000,000 each.

IV. The required security deposit, performance bond, guarantee.

The Ordering Party requires from the participants of the tender process the submission of a security deposit amounting to PLN 1,200,000. The Ordering Party returns the security deposit to those Bidders, whose offer was not accepted or to all Bidders in case the process is cancelled by the Ordering Party. The value of the performance bond amounts to 15 % of the accepted contractual amount. The provided works and the whole installation is covered with a guarantee provided by the Contractor for 24 months / no shorter than 16,000 man-hours.

V. The schedule of the investment realization and non-binding payment estimates.

According to the material nad financial schedule constituting the exhibit to the contract with the Contractor of the present order. The maximum time for completion of works (until the moment the commissioning certificate is issued) is 630 days.

VI. Criteria for granting the order.

VII. The deadline for submission of applications for making the complete Terms of Reference available, its price and deadline for offer submission.

The Bidders may apply for acquiring the complete Terms of Reference against payment (the price is net PLN 4,000) until August, 30. The Offers should be submitted no later than at 4 p.m. on September, 10 of this year in the registered office of the Ordering Party.

VIII. Appealing procedure

This tender process are not subject to Public Procurement Act. The Contractor, as well as other persons, if their legal interest in reference to being granted the present tender order suffered from or may suffer from loss as a result of an infringement by the Ordering Party of the relevant provisions on competition, may apply to the Ordering Party with a relevant motion. The examination of possible disputes between the Ordering Party and the Contractor shall be held by the Court of proper jurisdictions for the registered office of the Ordering Party.

IX. Other provisions.

The Contractors participate in the tender process at their own cost and risk. The Ordering Party may cancel the tender process, extend their duration or change (specify) the provisions of the Terms of Reference in each phase of the process. In every such case the Ordering Party shall immediately inform the Bidders.
Complete information on the tender order is provided for in the Terms of Reference made available by the Ordering Party to the entities declaring the submission of the tender offer within the present tender process after they have paid the amount of net PLN 4,000 to the bank account of the Ordering Party. In order to acquire the Terms of Reference it is necessary to submit a request in writing to the Ordering Party (fax) giving complete information (marking) as well as an application of the entity for Terms of Reference against payment.