Electricity procurement

The bidder must confirm that neither it nor its management, administrative or supervisory body members or authorized representatives are subject to any exclusion grounds. These include, among other matters, participation in a criminal organization, corruption, fraud, terrorist offences, money laundering or terrorist financing, and offences involving child labour or human trafficking. The tender also checks payment of taxes and social security contributions, compliance with environmental, social and labour-law obligations, bankruptcy or other insolvency, liquidation, suspension of business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest and prior involvement in preparing the procurement. Exclusion may also result from a serious breach of a previous public contract, submission of false information, failure to provide required information or documents, obtaining confidential information, enabling the employment of a foreign national without a lawful basis, international or national sanctions, local tax arrears owed in the contracting authority’s locality, tax offences or restrictions on the bidder’s right to participate. Where an exclusion ground applies, the bidder may, where permitted by the tender, submit evidence of measures taken to restore its reliability.

The bidder’s net turnover in the field of electricity sales must have been at least EUR 2,500,000 excluding VAT in each of the last three financial years completed before the start of the procurement, expected to be 2023, 2024 and 2025. The relevant information must be provided in the ESPD. In addition, within the 36 months preceding the start of the procurement, the bidder must have completed at least three electricity sales contracts, each with a value of at least EUR 500,000 excluding VAT. For each reference, the bidder must provide a contract description, value, period, details of the other contracting party and, where applicable, the procurement reference number; the contracting authority may request confirmation letters from the counterparties. The tender must be unconditional and comply with the tender documents. The price must be submitted using the structure specified by the contracting authority. The electricity sold must be generated entirely from renewable energy sources, and the bidder must, upon request, prove its origin and quantity with guarantees of origin. Where necessary, explanations and evidence of equivalence must be provided. An authorized representative must submit evidence of authorization to represent the bidder. For a joint tender, the bidders must submit the authorization, the ESPD of every joint bidder and a description of the size and nature of the contract share performed by each joint bidder. If relying on another entity’s resources, the bidder must submit that entity’s signed consent and ESPD; the entity must have no exclusion grounds and must meet the selection criteria for which its capacity is relied upon.