Verfahrensangaben

Founded in 1999, Trianel GmbH ("Trianel") is a joint venture of independent municipal utilities based in Aachen. As a Europe-wide municipal utility cooperation, Trianel taps the potential of liberalized energy markets by bundling complementary interests in the municipal environment with the aim of strengthening municipal utilities in their competitiveness and thus their independence. Trianel's shareholders are more than 50 municipal utilities from Germany, Austria, Switzerland and the Netherlands, which together supply around 6 million people with electricity and gas. More than 100 municipal utilities are linked to Trianel via subsidiaries and associated companies as well as partnership agreements. The Trianel Group currently has around 15 subsidiaries and associated companies.

Founded in 2018, Trianel Energieprojekte GmbH & Co. KG ("TEP"), as a wholly owned subsidiary, consolidates Trianel GmbH"s project development activities in the areas of onshore wind and photovoltaics.

The subject of this tender is a framework agreement with up to partners as suitable suppliers for the supply of the core components consisting in particular of battery storage, battery inverter, transformer station and battery management system (BMS) and power plant controller.

The actual demand-or the scale of the framework agreements to be awarded-is difficult to forecast, particularly due to the unpredictability of the required battery storage capacity. Based on the estimated demand volumes, the total volume under the framework agreement is estimated to be approximately 8 GWh over the contract term of up to eight years. The maximum volume applicable under the framework agreement is 10 GWh.

TEP is looking for up to six framework agreement partners as suitable suppliers for the supply of the core components consisting in particular of battery storage, battery inverter, transformer station and battery management system (BMS) and power plant controller. The supplier is also responsible for the commissioning of the components it supplies.

In addition, a long-term service contract is to be awarded, which includes warranty extensions and is intended to ensure the performance of the system.

After successful participation in the participant competition, selected companies will be invited to submit bids on the basis of a project profile including performance requirements and a term sheet.

During the bidding phase (following the conclusion of the prequalification process), bidders are required to provide cost estimates for two specific projects. TEP intends to award these specific projects directly to the best bidder(s) upon awarding the framework agreement. However, TEP also reserves the right not to award the projects to be costed, but rather to use them solely as a basis for selection when awarding up to six framework agreements, based on the award criteria. Consequently, there is no entitlement to be awarded a contract.

Project No. 1 is located in Mecklenburg-Western Pomerania with a volume of 100 MW / 400 MWh.

Project No. 2 is located in North Rhine-Westphalia with a volume of 20 MW / 40 MWh.

TEP reserves the right to transfer call-offs or individual orders placed under the framework agreements to affiliated legal entities. This means that TEP will not necessarily be the contracting party for the individual orders placed under the framework agreements. This applies to subsidiaries of Trianel GmbH, of Trianel Flexibilitätsprojekte GmbH & Co. KG or Trianel Energieprojekte GmbH & Co. KG that are yet to be established, as well as the following companies affiliated with TEP:

- TEP Amphitrite GmbH & Co. KG
- TEP Arkas GmbH & Co. KG
- TEP AT GmbH
- TEP Bellona GmbH & Co. KG
- TEP Epsilon GmbH & Co. KG
- TEP Eunomia GmbH & Co. KG
- TEP Fortuna GmbH & Co. KG
- TEP Irene GmbH & Co. KG
- TEP Kalliope GmbH & Co. KG
- TEP Lutetia GmbH & Co. KG
- TEP Massalia GmbH & Co. KG
- TEP Netze GmbH & Co. KG
- TEP Thalia GmbH & Co. KG
- TEP Themis GmbH & Co. KG
- TEP Vesta GmbH & Co. KG
- TEP Victoria GmbH & Co. KG
- Infrastruktur Kamerland GmbH & Co. KG
- TAP Windprojekte GmbH & Co. KG

Further information can be found in the procurement documents that will be issued after the conclusion of the participation competition.

The actual demand-or the scale of the framework agreements to be awarded-is difficult to forecast, particularly due to the unpredictability of the required battery storage capacity. Based on the estimated demand volumes, the total volume under the framework agreement is estimated to be approximately 8 GWh over the contract term of up to eight years. The maximum volume applicable under the framework agreement is 10 GWh.

The individual projects under the framework agreement may be commissioned throughout the entire territory of the Federal Republic of Germany.

1. TEP reserves the right to transfer call-offs or individual orders placed under the framework agreements to affiliated legal entities. This means that TEP will not necessarily be the contracting party for the individual orders placed under the framework agreements.

2. The framework agreement issued after conclusion of the call for competition shall contain further details on the contract extension options.

3. Awards pursuant to sec. 13 para. 4 no. 5 and no. 9 SektVO (repetition of similar services) are expressly reserved.

1. The application documents (forms) can be downloaded from the link in this notice. The use of the application documents is binding. Should further information or clarifications on the part of TEP become necessary during the award procedure, this additional information will also be published there. Applicants must therefore regularly check whether further information has been published. A registration for the award platform facilitates access and information to the applicant information.
2. Questions regarding the requirements of this notice and the application documents should be submitted promptly, but no later than the date published on the award platform. TEP reserves the right not to answer questions received later.
3. The information contained in this notice is solely for the purpose of providing interested companies an impression and enabling them to decide whether to participate in the process. TEP reserves the right to make deviations and specifications in the course of negotiations.
4. Applications shall be submitted electronically to the contracting authority via the award platform. Until the expiry of the application deadline, the applications are encrypted so that TEP has no access to them. However, the applicant is free to edit and re-upload his/her application until the expiration of the deadline.
5. TEP reserves the right to cancel the procedure for factual reasons. Claims for compensation by applicants and bidders are - as far as legally permissible - excluded. By downloading the application documents, the applicant agrees to this.
6. Further procurement documents, including the contract and the award criteria, shall not be issued until after completion of the call for competition.
7. After receipt of the applications and their evaluation, the selected applicants will be sent the award documents with an invitation to the negotiation meetings. The negotiation meetings will be held in Aachen or by video conference.
8. By submitting the application, the applicant undertakes to treat all documents sent to it, if any, as confidential and to maintain the secrecy of the competition in all other respects; this also applies with regard to the respective offer. TEP, for its part, will use the applicants' documents only for the purposes of the procedure.
9. Applicant consortia must submit a legally binding declaration signed by all members with their application, which is included in the application documents. If, in the course of the procedure, an existing applicant/bidding consortium changes its composition or an individual applicant/bidder wishes to continue the procedure in an applicant/bidding consortium, this shall only be permitted with the express written consent of TEP. In any case, consent shall not be granted if the change significantly impairs competition or if the change has an impact on expertise and economic performance. This shall apply accordingly to subcontractors.
10. TEP reserves the right to reduce the number of selected bidders in the course of the negotiation procedure. Further details in this regard are contained in Invitation to Tender, which will be issued
upon conclusion of the call for competition.
11. The applicants or bidders are requested to clearly mark on each relevant page those parts of their application or offer which legitimately contain trade or business secrets (Sec. 165 para. 2, 3 GWB). If this is not done, the Chamber for Procurement or the Appeals Body may assume the consent of the respective applicant or bidder to inspection by other parties to the proceedings in the event of a review of the award of contract.
12. TEP reserves the right to use the award criteria to make an interim selection of those bidders with whom the procedure is to continue. For this preliminary selection, it must be sufficiently likely that negotiations, in accordance with the award criteria and the specified requirements, appear promising with a view to a possible award; the remaining bidders will-at TEP"s discretion-be placed on hold or eliminated. TEP also expressly reserves the right, at any stage of the process, to select one or more "preferred bidders" and to negotiate exclusively with them. Further details on this will be included in Invitation to Tender No. 1, which will be issued upon completion of the pre-qualification phase.

1. During the bidding phase (following the conclusion of the prequalification process), bidders are required to provide cost estimates for two specific projects. TEP intends to award these specific projects directly to the best bidder(s) upon awarding the framework agreement. However, TEP also reserves the right not to award the projects to be costed, but rather to use them solely as a basis for selection when awarding up to six framework agreements, based on the award criteria. Consequently, there is no entitlement to be awarded a contract. Details on this are contained in the bidding documents, which will be issued after the pre-qualification process is completed.

2. TEP will tacitly agree with the bidders selected following the conclusion of the competitive bidding process to mutually shorten the bid submission period to fewer than 25 calendar days.

3, The tender documents issued during the tender phase contain confidential information. The tender documents will therefore only be issued with invitation to tender to those tenderers who have submitted their application to participate together with a signed copy of the NDA (Confidentiality Agreement) enclosed in the application documents.

The time-limit for appeal is regulated under Sec. 160 para. 3 GWB. The application is inadmissible if:
1) The applicant became aware of the alleged violation of provisions governing the awarding of public contracts before submitting the appeal and did not object to the contracting entity within 10 calendar days; the deadline stipulated in Sec. 134 para. 2 remains unaffected;
2) Violations of provisions governing the awarding of public contracts which become apparent from the tender notice are not notified to the contracting entity by the end of the period specified in the notice for the submission of a tender or application;
3) violations of provisions governing the awarding of public contracts which only become apparent from the award documents are not notified to the contracting entity by the end of the period specified in the notice for the submission of a tender or application;
4) More than 15 calendar days have elapsed from the receipt of notification from the contracting entity that it is unwilling to redress the complaint.
The above sentence does not apply to an application for a declaration of invalidity of the contract pursuant to Sec. 135 para. 1 no. 2 GWB. Sec. 134 para. 1 sentence 2 GWB remains unaffected.

Variants are subject of the negotiated procedure. The right to exclude variants is reserved.

TEP reserves the right to request candidates or bidders to submit, complete or correct missing, incomplete or incorrect company-related documents, in particular self-declarations, information, certificates or other evidence, or to submit or complete missing or incomplete performance-related documents, in compliance with the principles of transparency and equal treatment.

1. Any advance payments made by TEP must be secured by bank guarantees.

2. Details on financial agreements can be found in the contract that will be issued to the selected bidders following the conclusion of the competition.

1. The contractual partner must be a company domiciled in Germany.

2. The contracts are concluded under German law with a place of jurisdiction in Germany.

3. TEP provides a framework agreement and a term sheet for the individual contracts, on the basis of which the framework agreement partners must draw up a delivery contract and a service contract for guaranteed degradation over a period of up to 15 years and for an extension of the product warranties of the main components up to 15 years.

4. The further conditions for the execution of the framework agreement and the service contract are contained in the specifications, which will be issued after the conclusion of the competition. For the two specific projects that, according to TEP"s plans, are to be awarded upon the conclusion of the framework agreement, the bidding documents will include a term sheet once the prequalification process is complete.