Conclusion of a framework agreement for the purchase of electricity through open supply

The bidder must confirm that neither the bidder nor its management or supervisory board members or authorised representatives have received a final conviction within the last five years for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or the illegal use of child labour or human trafficking. The bidder must also have no outstanding tax or social security debt and must not be subject to bankruptcy, liquidation or other insolvency proceedings, an agreement with creditors, suspended business activities, serious professional misconduct, an anti-competitive agreement, a conflict of interest or a serious breach of a previous public contract. The bidder must confirm that it has not submitted false information, withheld required information or documents, attempted to influence the contracting authority improperly or sought confidential information. Compliance with environmental, social and labour-law obligations, rules concerning employment of unlawfully residing foreign nationals, international sanctions and the absence of tax offences will also be checked. Where applicable, the bidder may provide evidence of remedial measures demonstrating restored reliability. The bidder must not be established or resident in the Russian Federation or Belarus, and the same confirmation is required for entities whose qualifications are relied upon.

The bidder’s net annual turnover must have been at least EUR 5,000,000 in each of the two financial years completed before the start of the procurement. If the financial year follows the calendar year, this requirement must be met for 2024 and 2025, and the turnover figures for those years must be provided in the ESPD. During the 36 months preceding publication of the contract notice, the bidder must have completed at least two similar sales transactions, each worth more than EUR 300,000. Similar transactions mean sales of electricity (NACE 35141). The bidder must provide a list of the contracts, including the contracting party’s name and contact details, the subject matter, value, contract validity period and, where the contract resulted from a public procurement, the procurement reference number. The tender must comply with the tender documents and the technical specification. Form 2 and a list of documents classified as business secrets, with reasons for the classification, must be submitted. The service fee must be stated in euros per megawatt-hour excluding VAT, using the prescribed structure. Joint bidders must appoint an authorised representative from among themselves and submit the power of attorney and joint and several liability confirmation required by Form 8.