RFI (Prequalification) document.pdf

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RFI – Prequalification 1 (17)

FRAMEWORK AGREEMENT FOR PV MODULE SUPPLY

REQUEST FOR INFORMATION - PREQUALIFICATION

Uniper SE Business ID 1463611-4 VAT Reg.No : FI14636114

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RFI – Prequalification 2 (17)

Contents

1 INTRODUCTION ......................................................................................................... 3 1.1 Uniper Group ................................................................................................ 3 1.2 Objectives ..................................................................................................... 3 1.3 Targeted Companies .................................................................................... 4 1.4 Scope of supply ........................................................................................... 4 2 PURCHASING REGULATIONS ................................................................................. 5 2.1 Purchasing parties ....................................................................................... 5 2.2 Purchaser's representatives during the tendering period ........................ 5 2.3 Procurement procedure ............................................................................... 5 3 TENDERING PROCESS AND SCHEDULE ............................................................... 6 3.1 Procurement notice and RFI published ...................................................... 6 3.2 Submission of Supplier’s request to participate ....................................... 6 3.3 Prequalification phase ................................................................................. 7 3.4 Negotiation Phase and Tendering ............................................................... 7 3.5 Mini-competition ........................................................................................... 8 4 SUPPLIER'S PREQUALIFICATION ........................................................................... 8 4.1 Mandatory and Discretionary Exclusion Criteria ....................................... 8 4.1.1 Mandatory exclusion criteria .................................................. 8 4.1.2 Discretionary exclusion criteria ............................................. 9 4.1.3 Information concerning mandatory and discretionary exclusion criteria ..................................................................... 9 4.2 Requirements governing the suitability of Candidates imposed by the contracting entity and other special requirements ................................. 10 4.2.1 Competence and certification minimum requirements ...... 10 4.2.2 Sustainability and business principles minimum requirements .......................................................................... 11 4.2.3 Trade Sanctions ..................................................................... 12 5 MISCELLANEOUS ................................................................................................... 14 5.1 Materials and Confidentiality ..................................................................... 14 5.2 Disclaimer ................................................................................................... 15 6 PREQUALIFICATION DOCUMENTS ....................................................................... 17

Uniper SE Business ID 1463611-4 VAT Reg.No : FI14636114

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1 Introduction

Uniper SE including all entities in which Uniper SE holds a stake of at least 49,9 % as referred to in article 2.1 of this agreement (hereinafter together referred to as “Purchaser”) hereby invites you to participate in the prequalification for the tender of a Framework Agreement for PV module supply.

• Uniper Group

Düsseldorf-based Uniper SE (hereinafter “Uniper”) along with its group companies is an international energy company with activities in more than 40 countries. With around 7,000 employees, it makes an important contribution to security of supply in Europe. Uniper’s core businesses are power generation in Europe, global energy trading, and a broad gas portfolio. Uniper procures gas – including liquefied natural gas (LNG) – and other energy sources on global markets. The company owns and operates gas storage facilities with a capacity of more than 7 billion cubic meters. Uniper plans for its 22.5 GW of installed power-generating capacity in Europe to be carbon-neutral by 2035. The company already ranks among Europe’s largest operators of hydroelectric plants and intends to further expand solar and wind energy, which are essential for a more sustainable and autonomous future.

Uniper is a reliable partner for communities, municipal utilities, and industrial enterprises for planning and implementing innovative, lower-carbon solutions on their decarbonization journey. Uniper is a hydrogen pioneer, is active worldwide along the entire hydrogen value chain, and is conducting projects to make hydrogen a mainstay of the energy supply.

• Objectives Uniper invests in Renewable Energy projects, mainly in Europe, under a functional cooperation unit named Renewables (RES), in which people from different Uniper entities are working together. The current scope of RES projects include utility-scale solar PV projects as well as on-shore wind energy projects. For the utility-scale PV projects, Purchaser is looking for suppliers of PV modules. Purchaser is tendering a Framework Agreement for the supply of PV modules for these utility-scale PV projects. Detailed product specifications and prices are not yet specified in this Framework Agreement, but it describes terms and conditions of the PV module supply and the quality assurance processes. In later stage purchase orders can be made in a relatively short timeframe under such Framework Agreement. The ambition is to create a portfolio of Framework Agreements to cover Purchaser’s needs for the PV projects of the RES business unit whenever public procurement law is applicable to a project under the DIRECTIVE 2014/25/EU as well as under the relevant national rules of the Member States implementing the Directive. When there is a demand for PV module supply, Uniper SE group companies will create a mini-competition within the portfolio of Framework Agreements for each individual PV project and place purchase orders (“Purchase Orders”) with one or more suppliers, who have signed the Framework Agreement following the award decision (“Suppliers”).

Uniper SE Business ID 1463611-4 VAT Reg.No : FI14636114

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• Targeted Companies The PV module suppliers should preferably be PV module manufacturers that assemble the PV modules in their own manufacturing facilities. They should also be capable of and responsible for arranging transportation from their factories to the PV project site, including custom’s clearance processes. Due to the nature of the procurement and Purchaser’s need to ensure security of supply, effective quality assurance and supply chain supervision, Purchaser sees the manufacturing of PV modules as a critical task that ideally should be performed by the supplier itself. Uniper invites PV module suppliers to send a request to participate in the tendering procedure. Suppliers that have sent a request to participate are referred to as “Candidates”. The purchaser intends to conclude a framework agreement with up to maximum 6 suppliers, provided that their offers meet the minimum requirements in each case and are also otherwise economically viable. The selection of the best suppliers will be made on the basis of the announced award criteria.

• Scope of supply The Framework Agreement covers the supply of PV modules for Purchaser whenever public procurement law is applicable to a project under the DIRECTIVE 2014/25/EU as well as under the relevant national rules of the Member States implementing the Directive. The relevant CPV-code for the procurement is: 09331200-0 Solar photovoltaic modules

More detailed technical specifications for the PV modules are not set at this stage since the supplied modules are expected to be subject to significant technical development during the course of the Framework Agreement. Purchaser’s aim in the procurement is to enable any developments in the relevant technology. The geographical scope of the PV module supply under the framework agreement is the EU/EEA area. More detailed locations of each project will be specified in the relevant mini-competition. Purchaser’s aim is to create a RES development platform to develop 1 GW of RES projects by 2025. In addition to this, Purchaser has a target to own and operate 1.5 GW per year of RES projects from 2026 onwards (RTB status). The Framework Agreement will be in force for a fixed term of two (2) years, and the procurement includes an option to extend the contract duration annually for a maximum of three (3) additional years. The total maximum value for the entire duration of the Framework Agreement is about 150 million euros. Purchaser estimates on a preliminary level that purchases would be divided approximately as follows (indicative forecast +-20%):

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This estimate in not binding on Purchaser. Uniper does not guarantee, warrant or otherwise promise to the Seller any minimum quantities of the Product to be purchased under the framework contract.

2 Purchasing regulations

• Purchasing parties This is a tender of Uniper SE and its group companies as well as its affiliates as described below. Affiliates of Uniper SE include all entities in which Uniper SE holds a stake of at least 49.9%, including SPVs to be established or already existing and wholly or partly (at least 49,9%) owned by the above-mentioned contracting entities or Uniper group companies for the purpose of RES projects (together referred to as “Affiliates”). Purchase Orders under the Framework Agreement can also be made by affiliate companies of Uniper regardless of their status under the public procurement rules. Uniper group companies and affiliates may utilize the Framework Agreements by organizing mini- competitions and signing purchase orders for the supply of PV modules. Purchaser's representatives during the tendering period Uniper SE, Holzstraße 6, 40221 Düsseldorf, Germany, Registered Office at Düsseldorf, District Court Düsseldorf HRB 77425. Contact person: Name: Ms Juliana Moritzen E-Mail: Juliana.moritzen@uniper.energy telephone: +49 171 8349167

• Procurement procedure This procurement procedure is conducted as a Public Procurement negotiation procedure with prior call for competition ("negotiation procedure”). The German Sector Regulation (Sektorenverordnung) and the German Act against Restrains of Competition ( Gesetz gegen Wettbwerbsbeschränkung) apply to this procedure.

Uniper SE Business ID 1463611-4 VAT Reg.No : FI14636114

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3 Tendering process and schedule

The critical dates associated with this tender are included in Table 1. Uniper may change these dates at its own discretion, but will notify all suppliers of any changes.

Table 1: Preliminary dates in the tendering process

• Procurement notice and RFI published Purchaser publishes the contract notice in the following portals: https://vst.deutsche-evergabe.de/:

The object of the participation competition is the qualitative selection of the tenderers and candidates.

Candidates must submit a request to participate by providing the required information, documents and declarations for the qualitative selection that is requested by the contracting entity by the closing date on

22.03.2024

12:00 h

Submission of Supplier’s request to participate Interested suppliers will have to submit the required information and documents as specified in this document under clause 4.2.7 by the deadline. Requests to participate must be submitted in English in order to be acceptable. The qualification forms attached to the tender documents shall be used. Requests to participate submitted after the time limit will not be considered.

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Candidates that do not include all necessary information required by this RFI in their requests to participate may be excluded from the procurement procedure.

• Prequalification phase

• Purchaser will evaluate all requests to participate submitted within the prescribed time limit. All Candidates that meet all the minimum prequalification criteria, as described in chapter 4 will pass the prequalification phase and will be accepted as tenderer (“Tenderer”). The contracting authority reserves the right to inspect the participants/Tenderers, their premises and, in particular, the production sites at any time during the tender procedure and before concluding the framework agreement in order to verify fulfilment with the criteria for qualitative selection and to verify the correctness of the information provided by the participant/Tenderer. Negotiation Phase and Tendering

All qualified Candidates will receive the Request for Quotation, which means the request to submit an initial binding offer by the deadline. After submission and evaluation of the initial offers, negotiations will be scheduled. The purchaser reserves the right to conduct the negotiations in different phases in order to reduce the number of bidders on the basis of the award criteria. The negotiations will take place over Microsoft Teams and in the English language. Each Tenderer is requested to reserve a team with adequate competences for up to one (1) work-day for the negotiations. Please note that Purchaser will not pay compensation for the offer and participation in the negotiations. The aim of the negotiations is to present and explain the offer, discuss the scope of the procurement and the technical and commercial terms of the Framework Agreement as well as determine the need for any adjustments thereto. Uniper reserves the right to revise the tender documents for the final Request for Quotation. After the negotiation phase, all Tenderers will receive the final Request for Quotation (RFP) for the purpose of bidding for the Framework Agreement for PV Module Supply. Any amendment to the final tender documents, in particular to the contract, by the bidders is not permitted and will lead to the exclusion of the tender.

Within the framework of the final tender submission, the tenderers are required to submit their best offer. Uniper reserves the right to continue the negotiations - if exceptionally necessary - after reviewing and evaluating the final binding offers and, if necessary, to request a final submission of a tender ready for award.

Purchaser will evaluate and rank all compliant tenders according to principles and award criteria as set forth in RFP documents, see Appendix 3 for the draft preliminary RFP. Contracts will be awarded to a maximum of 6 best suppliers. Uniper reserves the right to conclude a framework agreement with fewer than 6 bidders if the bids are not economical with regard to the award criteria when considered as a whole and/or differ strikingly from the best bid in the evaluation. The bidders whose tender are not to be considered will receive an information letter pursuant to Section 134 GWB. The award procedure ends with the conclusion of the framework agreements.

Uniper SE Business ID 1463611-4 VAT Reg.No : FI14636114

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Uniper reserves the right to discontinue the negotiated procedure at its discretion if there are fewer than 3 final economically viable offers.

• Mini-competition When Purchaser has demand for PV Module supply for a specific project, a mini-competition will be held for the Suppliers that have been awarded the Framework Agreement. The evaluation and comparison of the offers will be based on economic(inter alia price) and technical evaluation as set forth in the RFP documents, see Appendix 3.

4 Supplier's Prequalification

In order to be qualified for the negotiations, the Candidate must comply with the following criteria for qualitative selection as described below. The qualitative selection of the Candidate is evaluated based on information on mandatory and discretionary exclusion criteria (sections 4.1) as well as information on the Requirements governing the qualification of Candidate’s imposed by the contracting entity and other special requirements (section 4.2). In relation to the mandatory and discretionary exclusion criteria as well as to the qualification requirements, Candidates are requested to submit several declarations using the qualitative selection forms provided by Uniper in their requests to participate. The documents to be submitted with the request to participate are listed in section 4.2. Purchaser may request Candidates or Tenderers to submit certificates and accounts related to one or several qualitative selection criteria set out in sections 4.1.1 to 4.2.3, in case deemed necessary in order to ensure the proper conduct of the procedure. In case a Candidate does not meet the qualitative selection criteria imposed by the contracting entity, or the Candidate or Tenderer fails to provide the relevant certificates and accounts, when requested by Uniper, the Candidate will be excluded from the procurement procedure. The Candidate or Tenderer could also be excluded from the Tender procedure if an audit of Uniper shows that the qualitative selection criteria are not met.

• Mandatory and Discretionary Exclusion Criteria In relation to the mandatory and discretionary exclusion criteria, Candidates are requested to submit a self-declaration according to the form II (self - declaration on reliability) in their requests to participate.

4..1 Mandatory exclusion criteria Purchaser will exclude a Candidate or Tenderer from the procurement procedure if Purchaser is aware that the Candidate or Tenderer, a member of its administration or management, or a person exercising representative, managerial or regulatory authority therein, has a criminal record indicating a legally final conviction for any of the offences mentioned in form II sections 1. (or offences listed in Article 57 of the Public Procurement Directive 2014/24):

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Purchaser shall also exclude a Candidate or Tenderer from competitive tendering on the basis of a final conviction for an offence in another state that corresponds to an offence referred to in form II section 1. or offences listed in Article 57 of the Public Procurement Directive 2014/24. A Candidate or Tenderer shall not be excluded from the procurement procedure if more than five years have elapsed since the issuing of a legally final judgement concerning the offence or default referred to above. Tenderers are requested to note that, prior to concluding the Framework Agreements based on the procurement procedure, Tenderers, as well as members of their administration or management, or persons exercising representative, managerial or regulatory authority therein, selected to the Framework Agreement shall at the request of the client be obliged to provide extracts from the criminal records issued by the competent authority of the country of origin or establishment of a Candidate or Tenderer, of a member of an administrative, managerial or supervisory body thereof, or of a person exercising representative, managerial or regulatory authority therein, in order to ensure that the offences or defaults listed above do not concern the Tenderer or its administration or management or other representatives. The extract from criminal records may not be more than twelve months old. If the foregoing extract or certificate is not issued in the country of establishment of a Candidate or Tenderer, then a sworn statement or solemn declaration by the representative of the Candidate or Tenderer under the legislation of the country of establishment shall be acceptable as alternative evidence. Each Candidate shall confirm on the form II, whether any of the above-mentioned exclusion criteria are applicable to the Candidate.

4..2 Discretionary exclusion criteria Purchaser may decide to exclude a Candidate or Tenderer from the procurement procedure, if reasons, misconducts or circumstances listed under item 2 of form II or a legally binding decisions imposing fines for an administrative offence under Section 21 (1) or (2) MiLoG (Declaration on form III) are given: Items 2 a), c), d) of form II concerning a Candidate and Tenderer shall also apply when the party guilty of an error or offence or of defaulting on an obligation is a member of the Candidate’s or Tenderer’s administration or management, or a person exercising representative, managerial or regulatory authority therein. A Candidate or Tenderer may not be excluded from the procurement procedure if more than three years have elapsed since the event referred to in form II item 2. Each Candidate shall confirm on the form II, whether any of the above mentioned exclusion criteria are applicable to the Candidate. Additionally, each candidate shall confirm on the form III, if any of the mentioned exclusion requirements are met.

4..3 Information concerning mandatory and discretionary exclusion criteria The Candidate must fill out the form II and III and give relevant information on existence of offences and defaults referred to above in sections 4.1.1. and 4.1.2. as well as information on the relevant representations as to the mentioned offences and defaults. In case the Candidate is encumbered by a mandatory or discretionary ground for exclusion set out on form II, the Candidate is requested to describe any corrective measures taken in order to restore its reliability. Said information can be submitted on the form II or alternatively on a separate annex.

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• Requirements governing the suitability of Candidates imposed by the contracting entity and other special requirements

4..4 Competence and certification minimum requirements The Candidate shall confirm that it meets the following requirements and fill out the required information on the qualitative selection forms provided by the Purchaser:

1. Supplier has supplied to date cumulatively at least 500 MWp of PV modules to utility-scale PV projects in Europe during the past three (3) years prior to the deadline of the requests to participate.

• Required documentation: a reference-list and short description of the completed supplies delivered over the preceding three years, and details of their value, time and public or private recipient, to be given in form VII 2. In order to show that Supplier has a sufficient level of manufacturing maturity and capacity, Supplier needs to have at least 5 years of module manufacturing experience by 31 Dec 2023 and the annual production capacity as of 01 Jan 2024 shall be at least 5 GWp.

• Required documentation: Brief description of the nature and duration of the Supplier’s module manufacturing experience and confirmation of the annual production capacity by each manufacturing site, to be given in on form XV. 3. Supplier has valid quality management system according to ISO 9001 or corresponding certified operating procedures, for all his manufacturing sites, issued by an accredited body

• Confirmation on the form VI. In addition required documentation: copy of the relevant certificate from accredited bodies to be provided with the submission of the request to participate. 4. Supplier has valid environmental management measures system applied by the company during the execution of the contract according to ISO 14001 or corresponding certified operating procedures, for all his manufacturing sites, issued by an accredited body.

• Confirmation on the form VI. In addition required documentation: copy of the relevant certificate from accredited bodies to be provided with the submission of the request to participate. 5. Supplier has valid occupational health and safety (OH&S) management system applied by the company during the execution of the contract according to ISO 45001 or corresponding certified operating procedures, for all his manufacturing sites, issued by an accredited body.

• Confirmation on the form VI. In addition required documentation: copy of the relevant certificate from accredited bodies to be provided with the submission of the request to participate. 6. The bidder and its business/company has the technical and professional qualification to produce PV modules with the following technical requirements and confirms that it has already produced PV modules with such minimum requirements.

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Confirmation on the form VI. In addition required documentation: reference of supply of PV modules, which fulfils the above-mentioned minimum requirements (one reference fulfilling all above mentioned requirements or a combination of two references fulfilling all above mentioned requirements).

7. Supplier has an established Product Qualification Program (PQP) for their PV modules in the product portfolio, based on Highly Accelerated Life Tests as per IEC TS 63209-1 or similar to ensure product reliability and that it is being carried out by a third party or in-house. • Required confirmation on form VI and a short description of the test sequences and pass/fail criteria adopted.

8. Supplier has the following IEC Certifications for their PV modules

• IEC 61215 (all applicable parts): Terrestrial photovoltaic (PV) modules – Design qualification and type approval;

• IEC 61730-1, -2: Photovoltaic (PV) module safety qualification, Part 1: Requirements for construction, Part 2: Requirements for testing;

• CE Mark

Suppliers will have to provide further IEC certificates during the mini-competition phase, according to the conditions of the specific project.

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• Confirmation on the form VI. In addition required documentation: copy of the relevant certificate from accredited bodies to be provided with the submission of the request to participate.

9. Supplier is able and also organizationally set up to deliver the PV modules to Europe DDP Installation Site, Incoterms 2020.

• Confirmation on the form VI.

10. The Supplier agrees and is legally obliged to allow in the event of an order a third-party inspector to perform all tests and inspections listed in the Quality Assurance Document in the Supplier’s factory or third-party lab, in compliance with IEC standards. (Deviations from Pass/Fail criteria will be scored in the Mini-Competition stage).

• Confirmation on the form VI.

4..5 Sustainability and business principles minimum requirements The Candidate shall confirm in form VI (self-declaration on the company) that it accepts the following special performance conditions in the manufacture, assembly and supply of the object of the procurement under this procurement:

Supplier accepts the Uniper Supplier Code of Conduct (Appendix 2) and commits to act accordingly.

4.5.1. Trade Sanctions The Candidate has to confirm in form VI that it complies with the following: To be considered as an eligible Candidate and invited to the negotiations, the Candidate shall confirm that it, or its owners, ultimate beneficiaries, subcontractors, affiliates or their respective officers, directors or representatives is not subject of any trade sanctions (including but not limited to trade embargoes, asset blocking/freezing, and other financial restrictions, foreign trade controls, export controls) imposed under any law, regulation, decree, ordinance or legally binding order, rule or requirement of the United Nations or under the laws of the European Union, any EU Member State (e.g. German national legislation on trade sanctions), United Kingdom, or Switzerland, or other European country.

Additionally to the above mentioned declaration the Candidates have also to fill out and submit Form XIII (Sanctions - Self-declaration on the lack of reference to Russia) along with their request to participate.

4.5.2. Declaration on third party liability insurance

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The candidate shall provide in Form IV the required information on a Public, Product and Pollution Liability Insurance with the minimum sum insured therein in the amount of EUR 10 Mio. per occurrence and in the annual aggregate.

4.5.3. Declaration of Turnover The candidate shall provide in Form V the required information on the total turnover and the comparable turnover for the supply of PV modules for the three financial years (2020-2022). A minimum total turnover of 30 M€/year Euro (net) must have been reached or exceeded in each of the last 3 completed financial years (2020-2022).

4.5.4. Self declaration on the company All the required information on the company according to Form VI including the number of workers employed in the last completed business year (2023) must be given by the candidates. Required documentation: current excerpt from the commercial register

4.6. List of the documents to be submitted

a) "Declaration of the applicant consortium" as per Form I (if applicable) b) "Self-declaration of reliability" according to form II c) "Declaration on § 19 Para. 3 MiLoG" according to Form III d) "Declaration on Public, Product and Pollution Liability Insurance according to Form IV e) Declaration in accordance with Form IV on (1) a Business, Product and Environmental Liability Insurance" with the minimum sum insured therein in the amount of EUR 10 Mio. per occurrence and in the annual aggregate f) "Declaration of Turnover" as per Form V for the three financial years (2020-2022). g) Proof: current excerpt from the commercial register h) "Self-declaration on the company" according to Form VI. i) Description and explanation of the monitoring system to ensure minimum working conditions throughout the supply chain. j) "Self-declaration of company references" in accordance with Form VII. The applicant must provide at least three references in accordance with the specifications described in the form. Suppliers will have to provide further references during the mini-competition phase, according to the conditions of the specific project. k) List of references of supply of PV modules, fulfilling the minimum requirements listed in item 6 of clause 4.1 (one reference fulfilling all requirements or a combination of two references fulfilling all requirements. l) Self-declaration Qualification to prepare the necessary documents relevant for approval in compliance with the laws, ordinances and regulations applicable at the project location according to Form VIII m) Self-declaration Qualification on the use of the SI system of units for all technical specifications and documentation, according to Form X.

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n) Self-declaration on the list of subcontractors and subcontractors for the provision of services in accordance with Form XI. o) Declaration of commitment of the third party to qualitative selection loan of the technical and professional capacity, according to Form XII (if applicable). p) Declaration of commitment of the third party to Suitability loan of the economic and financial capacity, according to Form XIII (if applicable). q) Sanctions - Self-declaration on the lack of reference to Russia according to Form XIV r) Brief description of the nature and duration of the Supplier’s module manufacturing experience, to be given on form XV. s) - Proof Quality Management Certificates: copy of the relevant certificate from accredited bodies t) - Proof Environmental Management Measures Certificates: copy of the relevant certificate from accredited bodies u) – Copies of IEC Certifications documents, as requested in item 8 of clause 4.4 above.

Note: The designated subcontractors are only permitted to use further subcontractors with the express prior consent of the Client, insofar as these are suitable.

Note: The Client reserves the right, if the candidate is shortlisted, to demand proof that the necessary funds will actually be available to the candidate in the event of a contract. The proof must be provided by submitting a declaration of commitment from these companies in accordance with Form XII and/or Form XIII.

5 Miscellaneous

• Materials and Confidentiality

This RFI, the information contained herein and all related materials and supplementary information provided as part of the RFI process may contain confidential information of the Contracting Authority and shall be and remain the exclusive property of the Contracting Authority. Confidential information of the contracting authority includes in particular documents marked as such or documents which are obviously confidential due to their content and the accompanying circumstances. In particular, the framework agreement template (Annex 1 to the draft preliminary RFQ) with its appendices shall be deemed to be confidential information of the purchaser. As a Candidate/Bidder, you agree not to copy, disclose or distribute to any third party any information contained in this RFP unless you have the prior written consent of the Purchaser. Furthermore, you may not use the information contained herein for any purpose other than your participation in the procurement process. The contracting authority is not obliged to return any tenders received and other related materials. The answers prepared by Uniper to the questions posed by the candidate/bidder will also be considered as material related to this tender and will be treated accordingly.

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A candidate/bidder may request in its request to participate or its bid that part of it be treated as confidential because it contains business or trade secrets. The information to be treated as confidential should be clearly marked ("CONFIDENTIAL" or "SECRET") in the tender.

• Disclaimer All information provided in this document is given to the suppliers for RFI purposes only and does not constitute or result in any legal contract, order, commitment or promise between Purchaser and any person or entity of supplier. The Contracting Authority reserves the right to (i) reject any Candidate not fulfilling the set requirements in this RFI; (ii) to involve consultants or advisors to provide support in evaluating the requests to participate and tenders; (iii) choose the amount of Suppliers (in accordance with what is set out in this RFI); (iv) postpone the decision on supplier selection; and (v) amend this RFI, at any time during the RFI process, taking into account the equal treatment of suppliers and any other applicable legal requirements. The procurement procedure may be cancelled in full or in part for a real and justified reason, for example if none of the Tenders corresponds to the RFI as required by Purchaser or if the circumstances during the RFI change so that Purchaser cannot utilize the results of the RFI. Contacts with Suppliers may be part of the procurement process in particular in order to check and clarify information provided, and are not to be considered as an indication that Supplier will receive or is in the best position to receive any award. The qualitative selection of Suppliers is verified in this pre- qualification phase. However, the Contracting Authority reserves the right to exclude a Supplier from the procedure also during the process, if it finds out, e.g. as part of an auditing, that the Supplier does not fulfil the qualitative selection criteria.

6. Reprimand obligation/ Competent body for review procedures

With regard to the initiation of review proceedings, reference is made to Section 160 GWB (Gesetz gegen Wettbewerbsbeschränkungen). This reads:

The Procurement Chamber shall initiate review proceedings only upon request. Any enterprise having an interest in the public contract or concession and claiming a violation of its rights under section 97(6) due to non-compliance with procurement rules is entitled to file an application. It must be shown that the enterprise has suffered or is in danger of suffering damage as a result of the alleged violation of the procurement rules. The legal application is inadmissible insofar as

1. the applicant has recognised the alleged infringement of procurement rules before submitting the application for review and has not notified the contracting authority within a period of ten calendar days;

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2. infringements of procurement rules which are apparent from the notice are not notified to the contracting authority no later than the expiry of the time limit for application or submission of tenders stated in the notice,
3. infringements of procurement rules which are only apparent in the tender documents are not notified to the contracting authority at the latest by the expiry of the time limit for submitting applications or tenders,
4. more than 15 calendar days have elapsed after receipt of the Client's notification that it does not wish to remedy a complaint. With regard to the information of unsuccessful bidders and candidates, Sections 134 and 135 of the ARC apply. In particular: Bidders whose bids are not to be considered for the award of the contract shall be informed of this prior to the award pursuant to Section 134 GWB. This also applies to applicants who have not been provided with information on the rejection of their application before the notification of the award decision has been issued to the bidders concerned. A contract may not be concluded until 15 calendar days after the Principal has sent this information; in the case of transmission by fax or electronic means, this period shall be 10 calendar days. The following Public Procurement Tribunal shall be competent for the contracting authority: Die Vergabekammern des Bundes Villemombler Straße 76 53123 Bonn Tel.: 0228 9499-0 Fax: 0228 9499-163 E-Mail: vk@bundeskartellamt.bund.de

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7 Prequalification documents

Appendix 1: Set of qualitative selection forms for the call for tenders (to be completed by the candidates in accordance with the requirements set out in the procedure letter) Appendix 2: Uniper Supplier Code of Conduct Appendix 3: Preliminary RFP

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