Appendix 2. RFP document reviewed.pdf

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FRAMEWORK AGREEMENT FOR PV MODULE SUPPLY

RFP – REQUEST FOR PROPOSAL

[Please note that this is a draft invitation to tender (RFP) for information purposes only at this stage of the procurement procedure. Suppliers are not required to submit their tenders at the prequalification phase. This draft RFP may be amended or specified during the negotiations if necessary and the final RFP will be submitted to the prequalified Tenderers after the negotiations. This draft is not binding on the Purchaser.]

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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 Prequalification phase ................................................................................. 6 3.3 Tendering ...................................................................................................... 6 3.3.1 Tender evaluation .................................................................... 9 3.4 Mini-competition ......................................................................................... 13 3.4.1 Mini-competition evaluation ................................................. 13 4 MISCELLANEOUS ................................................................................................... 16 4.1 Materials and Confidentiality ..................................................................... 16 4.2 Disclaimer ................................................................................................... 17 5 INVITATION TO TENDER DOCUMENTS ................................................................ 17

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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.

1.1 Uniper Group

Düsseldorf-based Uniper 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

1.2 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”).

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1.3 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.

1.4 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. The framework contract partners are not entitled to any individual orders from the framework agreement.

2 Purchasing regulations

2.1 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.

2.2 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: Mrs Juliana Moritzen E-Mail: Juliana.moritzen@uniper.energy telephone: +49 171 8349167

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

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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

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

3.2 Prequalification phase Purchaser has evaluated all requests to participate in the prequalification phase. All suppliers which have qualified for the requirements have received this Request for Quotation (RFP) for the purpose of submitting an initial binding offer. These companies are accepted as tenderers (“Tenderer”).

3.3 Tendering All qualified Tenderers will receive the Request for Quotation, which means the request to submit an initial binding offer by the deadline. Secondary bids that deviate from the requirements of the terms of reference and, in particular, the Quality Assurance Document, are not permitted. The offers are to be submitted exclusively electronically via the German e-tendering platform by the end of the tender submission period. Transmission of the tender documents by fax or e-mail is not permitted. The bid deadline specifically stated in the invitation to tender shall be the only binding deadline for the bidders.

Offers received late will not be considered.

The presence of the candidates or their representatives at the opening of the tender documents is not permitted.

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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, which can involve several rounds of negotiations, 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 document. 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 economically and technically viable when considered as a whole and/or differ strikingly from the best bid in the evaluation. Uniper reserves the right to discontinue the negotiated procedure at its discretion if there are fewer than 3 final economically viable offers.

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

3.3.1 Form of the offers a) The offers must be complete and legally binding. We request that you observe the documents to be submitted with the tender in accordance with the "List of documents to be submitted". b) It is expressly pointed out that incomplete tenders may have to be excluded due to the strict formalities of this award procedure. The contracting authority reserves the right to request any missing documents, insofar as this is legally permissible. c) All parts of the tenders must be drawn up in German or English. Other languages may not be used. d) The forms and documents sent by the contracting authority shall be used for the preparation of the tender. If supplements appear necessary for a better evaluation of

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the tender, they may be attached to the tender by the tenderer as a special annex. The annex must clearly refer to the forms and documents provided for the preparation of the tender. e) With the digital submission of the bidding documents in text form, in accordance with the requirements of the announcement, the offer, including the offer declaration, is submitted formally and bindingly. The name and surname of the person making the declaration must be stated in the offer declaration.

3.3.2. Contract a) The tender shall be based on the attached contract. b) The contract attached to the tender documents is an integral part of the respective tenders. c) Only in the context of the submission of an initial tender are isolated proposals for changes permissible if these are of particular importance for technical or economic reasons. They must be listed and justified in a separate document. However, any proposed changes must be limited to the essentials. d) Within the framework of the final submission of the tender, a change to the contract incl. annexes is inadmissible, unless a change, e.g. for the purpose of extending the warranty, is expressly permitted. The prohibition of modification also applies to compliance with the minimum criteria according to the specification, section 1.1 and 3.3. Inadmissible changes to the aforementioned documents lead to the exclusion of the tender.

3.3.3. Examination of the tender documents In particular, the following offers must be excluded from the further procedure: Tenders not received in due form and time, unless the bidder is not responsible for this. Tenders that do not meet the requirements according to the Quality Assurance Document and the requirements according to the contract incl. Annexes. Non-admissible secondary offers

3.3.4. Binding period of the offer The binding period of the final binding offer runs until 30.07.2024.

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3.3.5 Tender evaluation

The offers for the framework contract will be evaluated according to the following award criteria, whereby the price initially plays no role. The price is, among other things, an award criterion in the context of the mini-competition. a) Supply chain security concept for the Supplier The framework contract basically stipulates that the call-off and delivery of extremely different quantities of PV modules must be flexible in terms of time and that delivery locations must be served throughout Europe. Overall, the delivery terms require a high degree of flexibility and the mandatory observance of delivery deadlines, which can also be very short in individual cases. All this requires a high degree of supply chain security. Because in a global operating market the security of supply chain is the basis to meet delivery deadlines. The candidates are therefore asked to submit a concept for supply chain security. It must be explained how the company is set up and organized in order to ensure supply chain security at all times. What measures does the candidate take to reach this goal? Due to a global market environment, aspects of risks due to possible trade restrictions as well as risks of material shortages for any reason, etc. must also be taken into account. The aspects listed below play a special role in the assessment of supply chain security and will be evaluated. aa) Flexibility and Diversification of the supplier chain For security of supply reasons and flexibility in manufacturing timeline and location it is considered beneficial to have a larger PV module manufacturing capacity as well as PV module manufacturing capacity in several locations. Suppliers are asked to list their existing and announced PV Module manufacturing locations and capacity (GW/yr) as well as their supplier structure. Scoring will be based on the total capacity (GW/yr), the number of separate PV module factories and the geographical distribution of the factories in different countries.

For this aspect of the concept points are awarded as follows.

80 points, if the total capacity for N-type modules exceeding 30 (GW/yr) 60 points, if the total capacity for N-type modules is above 20 up to 29.99 (GW/yr) 40 points, if the total capacity for N-type modules is above 10 up to 19.99 (GW/yr) 20 points, if the total capacity for N-type modules is above 5 up to 9.99 (GW/yr) 10 points, if the total capacity for N-type modules is above 1 up to 4.99 (GW/yr)

10 points, when the candidate has more than 3 PV module factories with at least 1GW/yr capacity per factory. 5 points, when the candidate has 2 or 3 PV module factories with at least 1GW/yr capacity per factory. 0 points, when the candidate has less than 2 PV module factories with at least 1GW/yr capacity per factory.

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10 points, when the candidate has PV module factories in at least 3 different countries 5 points, when the candidate has PV module factories in at least 2 different countries 0 points, when the candidate has PV module factories in only one country.

In total, 100 points are therefore the maximum achievable here. The points awarded for these aspects are multiplied by the respective weighting factor indicated, which is here 40%

bb) Storage capacities and inventory management A high total storage capacity as well as the geographic diversification of the storage facilities in different countries increases the delivery flexibility and serves the security of the supply chain. Inventory management that ensures a high ratio of available stock to several PV module types and dimensions also increases supply chain security. In their concept, the bidders must provide information on the storage locations and the respective maximum storage capacities and explain the storage management concept.

80 points, if the total storage capacity exceeding 75 MWp 60 points, if the total storage capacity exceeding 50 up to 75 MWp 40 points, if the total storage capacity exceeding 25 up to 50 MWp 20 points, if the total storage capacity exceeding 10 up to 25 MWp 0 points, if the total storage capacity equal or below 10 MWp

10 points, when the candidate has more than 3 storage facilities 5 points, when the candidate has 2 or 3 storage facilities 0 points, when the candidate has less than 2 storage facilities

10 points, when the candidate has storage facilities in Europe 5 points, when the candidate has storage facilities in at least 2 different continents 0 points, when the candidate has storage facilities in only one continent outside Europe.

In total, 100 points are therefore the maximum achievable here. The points awarded for these aspects are multiplied by the respective weighting factor indicated, which is here 10%

cc) The vertical integration of the Supplier’s supply chain:

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a. The key component within crystalline silicon modules is the solar cell. A PV module Supplier that also manufactures solar cells and its subcomponents has a higher transparency of its supply chain and secondly also better security of supply. For this reason, more vertical integration has a benefit over Suppliers that need to source the solar cells from other companies. Scoring will be based on the manufacturing capacity of the following steps in the value chain: i. Quartz (kT/yr) ii. silicon metal (kT/yr) iii. polysilicon (kT/yr) iv. ingots (GW/yr) v. wafers (GW/yr) vi. cells (GW/yr)

For this aspect of the concept points are awarded as follows.

100 points, if the bidder has its own production capacities with regard to at least 6 of the above mentioned components

75 points, if the bidder has its own production capacities with regard to at least 4 up to 5 of the above mentioned components

50 points, if the bidder has its own production capacities with regard to at least 2 up to 3 of the above mentioned components

25 points, if the bidder has its own production capacities with regard to at least 1 of the above mentioned components

0 points, if the bidder has no own production capacities with regard to none of the above mentioned components

In total, 100 points are therefore the maximum achievable here.

The points awarded according to this aspect are multiplied by the respective weighting factor indicated, which is here 30%

b) The European representation of the Supplier (sales, aftersales, technical support) European representation of the Supplier is beneficial for the ease of communication, potential face-to-face meetings, site visits, etc. for example, upon delivery. Suppliers will be awarded if following positions are based within Europe: i. Key account manager (KAM) / sales manager, or similar ii. Head of European business, or similar

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iii. Pre-sales technical support, or similar (e.g. for technical support in mini-competition phase) iv. After-sales technical support, or similar (e.g. for technical support in construction and operation phase, contact person for inspections and potential warranty claims close to the place of delivery)

For this aspect points are awarded as follows:

100 points, if the bidder has based within Europe 4 of the above mentioned positions.

75 points, if the bidder has based within Europe 3 of the above mentioned positions.

50 points, if the bidder has based within Europe 2 of the above mentioned positions.

25 points, if the bidder has based within Europe 1 of the above mentioned positions.

0 points, if the bidder has based within Europe none of the above mentioned positions.

In total, 100 points are therefore the maximum achievable here. The points awarded according to this aspect are multiplied by the respective weighting factor indicated, which is here 20%

The final tenders will be evaluated and ranked based on the above criteria and weighting. A maximum of 6 best Suppliers are awarded the Framework Agreement. 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. Tenders that do not include information required by the RFP, include reservations/amendments to the procurement terms or are not submitted within the time limit may be rejected. Purchaser reserves the right to reject all Tenders in case deemed necessary. The opening session of the tenders will not be public. The award decision does not constitute a contractual relationship between the winning Tenderer(s) and the contracting entities. The Framework Agreements may be concluded no sooner than 10 days after sending the information on the company that is to be awarded the contract via the e-tendering platform (digital form) to all Tenderers whose offers are not to be considered.The award procedure ends with the conclusion of the framework agreements.

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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.

3.4 Mini-competition When Purchaser has demand for PV Module supply for a specific project, a mini-competition will be held under the Suppliers that have been awarded the framework contract. During this phase, the Project`s specific requirements will be shared. The evaluation and comparison of the offers will be based on economic and technical evaluation as set forth in section 3.4.1 below. Mini-competitions can be divided into smaller lots, depending on the project in question.

The Purchaser is entitled to cancel the mini-competition and discontinue the procedure. A reason for cancellation exists in particular if no economic result was achieved on the basis of the mini- competition.

3.4.1 Mini-competition evaluation Tenders in the mini-competition will be evaluated on their techno-commercial competitiveness. If it is unclear whether the framework contract partners have the technical and professional capacities and abilities with regard to the module specifically requested in each Project, the Purchaser is entitled to demand proof of the capacities and abilities of the framework contract partners by requesting the following references with regard to the individually defined PV module type and/or module technology:

a) Reference project with the defined module technology in Europe

Supplier has cumulatively delivered at least 100 MWp of the defined PV module technology in Europe within the last 3 years. (figures subjected to changes according to technology specificity)

Failure to submit the requested references in due time may result in exclusion from the mini- competition.

The evaluation of the mini-competition will be based on the following award criteria: a) Wp price The proposed PV modules from different bidders will be ranked based on the lowest Wp price (Euro/ Wp) incoterms 2020 DDP. The lowest proposed Wp price will be scored with 100 points, the highest with 0 points and the others will be proportionally scored.

In total, 100 points are therefore the maximum achievable here.

The points awarded according to this aspect are multiplied by the respective weighting factor indicated, which is here 50%.

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b) PV module Performance (Specific yield) based on Third-party verified PAN files provided The proposed PV modules from different bidders will be ranked based on the highest specific yield and/or PR values. The PV module with the highest specific yield will be scored with 100 points, the lowest with 0 points and the others will be proportionally scored.

In total, 100 points are therefore the maximum achievable here.

The points awarded according to this aspect are multiplied by the respective weighting factor indicated, which is here 20%

c) Average Degradation values (LID, PID, LeTID, based on third-party test reports by an accredited test institute; and yearly degradation, based on in-house field testing),: The proposed PV modules from different bidders will be ranked based on the degradation values. The PV module with the lowest degradation value will be scored with 100 points, the highest with 0 points and the others will be proportionally scored.

In total, 100 points are therefore the maximum achievable here. The points awarded according to this aspect are multiplied by the respective weighting factor indicated, which is here 5%

c) Product and Performance guarantee aa) Product guarantee duration 50 points if the guarantee duration is more than 12 yr. 25 points if the guarantee duration is between 11 and 12 yr. 0 points if the guarantee duration is 10 years.

Suppliers that can only offer a product guarantee duration lower than 10 years will be automatically excluded from the mini competition.

bb) Linear Performance guarantee duration

50 points if the guarantee duration is more than 30 yr 30 points if the guarantee duration is more than 26 and up to 30 yr

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0 points if the guarantee duration is between 20 and 25 yr Suppliers that can only offer a performance guarantee duration lower than 20 years will be automatically excluded from the mini competition.

In total, 100 points are therefore the maximum achievable here.

The total amount of points awarded according to these aspects (Product guarantee duration and Linear Performance guarantee duration) are multiplied by the respective weighting factor indicated, which is here 15%

d) Quality Assurance

Provision of PQP program report or similar, based on Extended Reliability Tests as per IEC TS 63209-1 or similar to ensure product reliability

The proposed PV modules from different bidders will be ranked based on the availability of PVEL PQP report or similar . PV module with PVEL PQP report or similar will be scored with 100 points, PV module without PVEL PQP report or similar with 0 points.

In total, 100 points are therefore the maximum achievable here. The points awarded according to this aspect are multiplied by the respective weighting factor indicated, which is here 5%

e) Compliance with Pass/Fail Criteria on Quality Assurance document In case of deviations regarding Pass/Fail criteria, the bidders will be ranked accordingly: 5 or 6 points in case of no deviation (according to the chart below) 0 points in case of deviation on the Pass/Fail criteria

The highest deviation will be scored with 0 points, the lowest deviation will be scored with maximum of 4-5 points (according to Items 1 and 2 below) and the other will be scored proportionally.

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d) Re-flash test at STC As basis, according to IEC standard 5

Total Points 50

In total, 50 points are therefore the maximum achievable here. The total amount of points awarded according to the above mentioned aspects are multiplied by the respective weighting factor indicated, which is here 5%

4 Miscellaneous

4.1 Materials and Confidentiality

This RFP, the information contained herein and all related materials and supplementary information provided as part of the RFP 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. 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.

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4.2 Disclaimer All information provided in this document is given to the Tenderers for RFP purposes only and does not constitute or result in any legal contract, order, commitment or promise between Purchaser and any person or entity of Tenderer. Uniper reserves the right to (i) reject any Tender not fulfilling the set requirements in the RFP; (ii) conduct negotiations with any Tenderer at Uniper’s sole discretion; (iii) use consultants or advisors in order to support the evaluating process; (iv) choose the amount of Suppliers (in accordance with what is set out in this RFP); (v) postpone the decision on Supplier selection; and (vi) amend the RFP inter alia for the final call, taking into account the equal treatment of Tenderers 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 RFP as required by Uniper the circumstances during the RFP change so that Purchaser cannot utilize the results of the RFP. Contacts with Tenderers may be part of the procurement process in order to check information provided, and are not to be considered as an indication that Tenderer will receive or is in the best position to receive any award. The qualification of Tenderers is verified in the pre-qualification phase. However, Uniper reserves the right to exclude a Tenderer from the procedure also during the process, if it finds out, e.g. as part of an auditing, that the Tenderer does not fulfill the qualitative criteria. Please note that the fulfilment of the qualification criteria and the applicability of any mandatory exclusion criteria could be inspected in relation to the winning Tenderers prior to signing the Framework Agreements.

5 Invitation To Tender documents

Appendix 1 Frame Contract - Supply of PV Modules Appendix 1.2 Uniper Supplier Code of Conduct (Appendix 2 in RFI) Appendix 1.3 PV Module Quality Assurance Requirements Appendix 1.4 Specimen Seller’s Parent Company Guarantee

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

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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;
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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