Contractor's all-risk insurance services

Qualification System - Construction All Risks (CAR) Insurance for the 2GW-Program

The scope of this qualification system (qs) involves the project insurances (CAR) of the 2GW-Program for on- and offshore projects and consist of the following two sections: Section I – ‘All Risks’ of physical loss or physical damage in respect of the project property as scheduled Section II – Third-Party …

CPV: 66513200 Contractor's all-risk insurance services, 66516000 Liability insurance services, 66515000 Damage or loss insurance services, 66514000 Freight insurance and Insurance services relating to transport, 66513000 Legal insurance and all-risk insurance services, 66510000 Insurance services
Place of execution:
Qualification System - Construction All Risks (CAR) Insurance for the 2GW-Program
Awarding body:
TenneT Offshore GmbH
Award number:

Germany-Bayreuth: Contractor's all-risk insurance services

2023/S 155-496528

Qualification system – utilities

This notice is a call for competition

Services

Legal Basis:
Directive 2014/25/EU

Section I: Contracting entity

I.1) Name and addresses
Official name: TenneT Offshore GmbH
National registration number: HRB 4516
Postal address: Bernecker Straße 70
Town: Bayreuth
NUTS code: DE Deutschland
Postal code: 95448
Country: Germany
Contact person: Nils Norden
E-mail: nils.norden@tennet.eu
Telephone: +49 5132892838
Internet address(es):
Main address: https://www.tennet.eu/en
Address of the buyer profile: https://s2c.mercell.com/buyer/1163
I.1) Name and addresses
Official name: TenneT TSO B.V.
National registration number: Arnhem 09155985
Postal address: Utrechtseweg 310
Town: Arnhem
NUTS code: NL Nederland
Postal code: 6800 AS Arnhem
Country: Netherlands
Contact person: Nils Norden
E-mail: nils.norden@tennet.eu
Telephone: +49 5132892838
Internet address(es):
Main address: https://www.tennet.eu/en
Address of the buyer profile: https://s2c.mercell.com/buyer/1163
I.2) Information about joint procurement
The contract involves joint procurement
In the case of joint procurement involving different countries, state applicable national procurement law:

Germany

I.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at: https://s2c.mercell.com/today/46811
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: https://s2c.mercell.com/today/46811
Tenders or requests to participate must be submitted to the abovementioned address
I.6) Main activity
Other activity: Transmission system operator

Section II: Object

II.1) Scope of the procurement
II.1.1) Title:

Qualification System - Construction All Risks (CAR) Insurance for the 2GW-Program

II.1.2) Main CPV code
66513200 Contractor's all-risk insurance services
II.1.3) Type of contract
Services
II.2) Description
II.2.2) Additional CPV code(s)
66516000 Liability insurance services
66515000 Damage or loss insurance services
66514000 Freight insurance and Insurance services relating to transport
66513000 Legal insurance and all-risk insurance services
66510000 Insurance services
II.2.3) Place of performance
NUTS code: DE Deutschland
II.2.4) Description of the procurement:

The scope of this qualification system (qs) involves the project insurances (CAR) of the 2GW-Program for on- and offshore projects and consist of the following two sections:

Section I – ‘All Risks’ of physical loss or physical damage in respect of the project property as scheduled

Section II – Third-Party Liability

Based on legitimate confidentiality interests, the client will make the tender documents available to the tenderer only after receipt of the confidentiality agreement signed by the applicant.

II.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.8) Duration of the qualification system
Indefinite duration
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no

Section III: Legal, economic, financial and technical information

III.1) Conditions for participation
III.1.9) Qualification for the system
Conditions to be fulfilled by economic operators in view of their qualification:

SUITABILITY TO PURSUE THE PROFESSIONAL ACTIVITY, INCLUDING REQUIREMENTS RELATING TO ENROLMENT ON PROFESSIONAL OR TRADE REGISTERS

The application as a bidding consortium is admitted. A bidding consortium is treated like an individual applicant (Section 50 para. 2 SektVO). If applicants are addressed in the tender documents, this also refers to the joint form of participation of a bidding consortium. In this respect, regulations which specifically are related to bidding consortia, exclusively use the term "Bidding Consortium." The bidding consortium shall nominate an authorized representative for the conclusion and implementation of the contract and who signs the respective form. The authorized representative shall be available to the contracting entity as the contact person of the bidding consortium in this tendering procedure. Members of the bidding consortium shall jointly complete the form "Statement of Bidding Consortium", which also names the authorized representative.

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

SUITABILITY TO PURSUE THE PROFESSIONAL ACTIVITY, INCLUDING REQUIREMENTS RELATING TO ENROLMENT ON PROFESSIONAL OR TRADE REGISTERS

Extract of commercial register: Please provide a proof of Registration in a commercial register of the relevant authority of the country in which the company is established (e. g. Kamer van Koophandel (NL), Handelsregister(DE), Companies house (UK), erhvervsstyrelsen (DK), Companies registration office (IE)) , which may not be older than three months at the date of the submission of the application.

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

SUITABILITY TO PURSUE THE PROFESSIONAL ACTIVITY, INCLUDING REQUIREMENTS RELATING TO ENROLMENT ON PROFESSIONAL OR TRADE REGISTERS

Self-declaration of no grounds for exclusion: Please confirm that no grounds for exclusion under §§ 123, 124 GWB exist. For bidding consortia this statement must be valid for all members of the bidding consortium.

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

SUITABILITY TO PURSUE THE PROFESSIONAL ACTIVITY, INCLUDING REQUIREMENTS RELATING TO ENROLMENT ON PROFESSIONAL OR TRADE REGISTERS

Proof of underwriting license: The applicant must be able to evidence the relevant authorization in accordance with legislation and regulation of insurance companies in the countries where the tenderer is established, e. g. FSA (UK), BaFin (GE) or WFT (NL).

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

ECONOMIC AND FINANCIAL STANDING

Annual turnover: In particular and in order to guarantee a proper claims settlement, a minimum annual turnover for lead insurer of at least Mio. EUR 300 and for to-follow insurer of at least Mio. EUR 100 must be existent for the past three financial years. The turnover must originate from services that are comparable to the services to be provided, e.g. underwriting activities. In the case of a bidder consortium the aforementioned sales are based on the cumulative turnover of the consortium partners. For each individual bidder or consortium partner, the total turnover of the group is deemed to be 100% owned by the group parent company.

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

ECONOMIC AND FINANCIAL STANDING

Financial ratios: The candidate must be in sound financial health to assure the continuity of service provisioning throughout the term of the contract or (framework) agreement. In order to demonstrate sufficient economic performance, the applicants needs to prove a Standard + Poor's, Fitch and/or Moody's rating which shall have no single long term credit rating lower than BBB+ and Baa1 (BBB+ from either Standard + Poor's or Fitch and/or Baa1 from Moody's).

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

ECONOMIC AND FINANCIAL STANDING

Statement of Reference to Qualification of Third Parties - Borrowing Qualifications: In the event that the applicant makes use of the capacities of another economic operator (e.g. group company), proof must be provided that the other economic operator will be jointly and severally liable with the applicant in the event of a contract award in accordance with the scope of the suitability borrowing. The third party must fulfil the corresponding minimum criteria of this section III.1.9) “Economic and financial standing”. In addition, the third party must provide the extract from the commercial register and the form or a self-declaration on grounds for exclusion pursuant to Sections 123, 124 GWB.

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

TECHNICAL AND PROFESSIONAL ABILITY

References (lead insurer only) - The applicant for lead insurer is required to perform the contract as stated in the tender documentation. To demonstrate that the applicant is capable of ensuring several similar projects and the applicant has these capabilities, the applicant must submit 2 project references for (parts of) comparable contracts performed by the applicant earlier in the previous 3 years of application.

Applicant lead insurer should have proven experience in underwriting offshore CAR / EAR insurances as leader. The following specifics should be provided:

- Project description

- Company name

- Start and end date of contract

- Project value should be in excess of EUR 100,000,000

- Written lead share should be in excess of 15 %

- References to be confirm in form of self-declaration

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

TECHNICAL AND PROFESSIONAL ABILITY

Qualified personnel

Candidate must have qualified employed staff which means that requested employed staff is in the possession of relevant qualification as required by the local authorities (e.g.FSA in the UK and BaFin in GER, AFM in the NL).

Candidate for lead insurer confirms to have employed staff of:

- at least 2 qualified underwriters with at least 3 years of experience in underwriting of CAR insurances of large infrastructural projects.

- at least 2 qualified claims handlers with at least 3 years of experience in claims handling of CAR insurances of large infrastructural projects.

- applicant must have those positions filled during the duration of this qs.

Candidate for to-follow insurer confirms to have employed staff of:

- at least 1 qualified employee with at least 3 years of experience in underwriting of CAR insurances of large infrastructural projects.

- applicant must have this position filled during the duration of this qs.

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Conditions to be fulfilled by economic operators in view of their qualification:

TECHNICAL AND PROFESSIONAL ABILITY

Statement of Reference to Qualification of Third Parties - Borrowing Qualifications: In the event that the applicant refers to the suitability of a subcontractor (a third party), documents shall be prepared and signed by the subcontractor accordingly. The subcontractor has to submit a confirmation that he will make his technical capability available in the event of a contract award. Also, detailed information on the subcontractor must be provided. In addition, the respective third party must submit a self-declaration that there are no grounds for exclusion pursuant to Sections 123 and 124 of the GWB.

Methods according to which each of those conditions will be verified:

Document review

[Please use the forms provided in Mercell or confirm the acceptance of the above-mentioned provisions. Furthermore, the applicant agrees that TenneT's broker is allowed to check/verify applicant's confirmation. As soon as the documentary evidence is requested, the applicant must send the documentary evidence by E-Mail within five days.]

Section IV: Procedure

IV.1) Description
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S: 2022/S 192-545482
IV.2.4) Languages in which tenders or requests to participate may be submitted:
English

Section VI: Complementary information

VI.3) Additional information:

Communication only via Mercell.

§ 57 SektVO entitles the client to discontinue the QS at any time.

The period of § 160 Abs. 3 No. 4 GWB is explicitly pointed out.

Authorized to call for this QS is also TenneT TSO GmbH and affiliated companies according §§ 15 ff. AktG.

If the candidate is an underwriting agency (ua), the ua needs to meet all suitability requirements and the underlying insurers and their share of the participation need to be stated as part of the application of this QS.

An ua needs to operate independently of a broker. If the ua will be awarded a contract, the underlying agreement with the insurer needs to be provided to TenneT. This agreement shall be registered with the relevant authorities at the start of the participation of each tender. Next to the above, the underwriting agent needs to issue a declaration signed by the underlying insurer(s) that the underlying insurer(s) are provided with the financial means and power of attorney to execute the contract.

VI.4) Procedures for review
VI.4.1) Review body
Official name: Government of Middle Franconia - Northern Bavaria Public Procurement Chamber
Postal address: PO Box 606
Town: Ansbach
Postal code: 91511
Country: Germany
E-mail: vergabekammer.nordbayern@reg-mfr.bayern.de
Telephone: +49 981531277
Fax: +49 981531837
Internet address: http://www.regierung.mittelfranken.bayern.de
VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:

According to Section 160(3) GWB the application is inadmissible if

1. the applicant became aware of the claimed violation of public procurement provisions before filing the application for review, but did not complain to the contracting authority within a time limit of 10 calendar days; the expiry of the time limit under Section 134(2) remains unaffected,

2. violations of public procurement provisions which become apparent from the tender notice are not notified to the contracting authority by the end of the time limit for the application or the submission of a tender specified in the notice,

3. violations of public procurement provisions which only become apparent from the procurement documents are not notified to the contracting authority by the end of the time limit for the application or the submission of a tender specified in the notice,

4. more than 15 calendar days have expired since receipt of notification from the contracting entity that it is unwilling to redress the objection.

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Government of Middle Franconia - Northern Bavaria Public Procurement Chamber
Postal address: PO Box 606
Town: Ansbach
Postal code: 91511
Country: Germany
E-mail: vergabekammer.nordbayern@reg-mfr.bayern.de
Telephone: +49 981531277
Fax: +49 981531837
Internet address: http://www.regierung.mittelfranken.bayern.de
VI.5) Date of dispatch of this notice:
09/08/2023