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IMPORTANT LEGAL INFORMATION

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PROJECT TITLE: UK-Livingston: wind farm

Project number: 2009/S 194-279203

Type: CONTRACT NOTICE – UTILITIES - Works

SECTION I: CONTRACTING ENTITY

I.1)

NAME, ADDRESSES AND CONTACT POINT(S):

Scottish Water, Watermark, Alba Centre, Alba Campus, West Lothian, Attn: Allan Ferguson/Iain Barclay, UK-Livingston EH54 7HH. Tel. +44 7875872111 / 7875872121. E-mail: ProcurementHelpline@scottishwater.co.uk. Fax +44 1506678624.

Internet address(es):

General address of the contracting entity: www.scottishwater.co.uk.

Address of the buyer profile: ProcurementHelpline@scottishwater.co.uk.

Further information can be obtained at: As in above-mentioned contact point(s).

Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained at: As in above-mentioned contact point(s).

Tenders or requests to participate must be sent to: As in above-mentioned contact point(s).

I.2)

MAIN ACTIVITY OR ACTIVITIES OF THE CONTRACTING ENTITY:

Water.

SECTION II: OBJECT OF THE CONTRACT

II.1)

DESCRIPTION

II.1.1)

Title attributed to the contract by the contracting entity:

Scottish water Windfarm Project (Works).

II.1.2)

Type of contract and location of works, place of delivery or of performance:

Works.

Realisation, by whatever means of work, corresponding to the requirements specified by the contracting entities.

Main site or location of works: Six sites. The location details will be provided as part of the tender package.

NUTS code: UKM .

II.1.3)

The notice involves:

A public contract.

II.1.4)

Information on framework agreement:

II.1.5)

Short description of the contract or purchase(s):

Scottish Water is one of the largest energy consumers in Scotland with an annual demand of c. 460GWH. Scottish Water requires a suitable partner(s) for a high reputational value project(s) to provide a cost effective technical and commercial solution for the provision of six (6).

Windfarms to be constructed within the existing Scottish Water property portfolio. Scottish Water will be an active partner.

Throughout the lifetime of the contract(s) with a specific focus on completing the contract(s) on a phased basis; Phase 1 - Planning Consents and ROC pre-accreditation achieved by 31st March 2013; Phase 2 - Construction completed and.

Windfarms operational by 31st March 2018 (subject to grid access & connection).

II.1.6)

Common procurement vocabulary (CPV):

31121340, 31121320, 31121330, 31121300.

II.1.7)

Contract covered by the Government Procurement Agreement (GPA):

Yes.

II.1.8)

Division into lots:

Yes.

Tenders should be submitted for: one or more lots.

II.1.9)

Variants will be accepted:

Yes.

II.2)

QUANTITY OR SCOPE OF THE CONTRACT

II.2.1)

Total quantity or scope:

Scottish Water is one of the largest energy consumers in Scotland with an annual demand of c. 460GWH. Scottish Water requires a suitable partner(s) for a high reputational value project(s) to provide a cost effective echnical and commercial solution for the provision of six (6).

Windfarms to be constructed within the existing Scottish Water property portfolio. Scottish Water will be an active partner.

Throughout the lifetime of the contract(s) with a specific focus on completing the contract(s) on a phased basis; Phase 1 - Planning Consents and ROC pre-accreditation achieved by 31.3.2013; Phase 2 - Construction completed and.

Windfarms operational by 31.3.2018 (subject to grid access & connection).

Due to the nature of the contractual requirements and in particular the Power Purchase Agreement it is envisaged that the contractual term will cover a significant time period potentially extending out to 2050. It should be noted that Scottish Water do not intend to provide financial input to the project however expect to benefit from development gain, land lease, Power Purchase Agreement and any appropriate carbon benefits. Specific outcomes required from the contract are: (i) The energy created from the windfarms shall connect to the national grid. (ii) A discounted long term Power Purchase Agreement to allow Scottish Water to procure some or all of the energy generated by the windfarms by sleeving it into its Flexible Supply Contracts. (iii) Scottish Water is looking for strategic bidders for this unique opportunity. At this point there is no preferred option and all alternatives will be considered. The.

Anticipated options include but are not limited to the following: (iiia)- Develop to the point of achieving Planning Consents and sell on. (iiib)- Cradle to Grave (Develop, Consent, Design, Build, Operate). (iiic)- PFI. (iiid)- Other options put forward by interested parties. Six sites have been identified and evaluated under a survey conducted by Mott MacDonald on behalf of Scottish Water to pre-feasibility stage giving an increased level of certainty that planning approval is achievable, subject to the usual constraints faced by windfarm projects. The locations of the six sites are Scottish Borders (2), Fife, Angus, Renfrewshire and East Renfrewshire. It is anticipated that the six sites will have the capacity to generate in the region of 0.5 terawatt/hours of energy per annum. Interested parties have the opportunity to tender for all sites, individual sites or any combination thereof.

Estimated value excluding VAT: 200 000 000 GBP.

II.2.2)

Options:

No.

II.3)

DURATION OF THE CONTRACT OR TIME LIMIT FOR COMPLETION:

INFORMATION ABOUT LOTS

LOT NO 1 TITLE Site A

1)

SHORT DESCRIPTION:

(i) Max Installed Capacity (MW) - 10

(ii) Estimated Capacity Factor - 0.32

(iii) Annual Output (MWh) - 26,217

(iv) MWh Output per MW installed - 2,622.

2)

COMMON PROCUREMENT VOCABULARY (CPV):

31121340, 31121320, 31121330, 31121300.

3)

QUANTITY OR SCOPE:

As detailed in section II.2.1.

LOT NO 2 TITLE Site B

1)

SHORT DESCRIPTION:

(i) Max Installed Capacity (MW) - 36

(ii) Estimated Capacity Factor - 0.29

(iii) Annual Output (MWh) - 92,842

(iv) MWh Output per MW installed - 2,579.

2)

COMMON PROCUREMENT VOCABULARY (CPV):

31121340, 31121320, 31121330, 31121300.

3)

QUANTITY OR SCOPE:

As detailed in section II.2.1.

LOT NO 3 TITLE Site C

1)

SHORT DESCRIPTION:

(i) Max Installed Capacity (MW) - 9

(ii) Estimated Capacity Factor - 0.35

(iii) Annual Output (MWh) - 35,667

(iv) MWh Output per MW installed - 3,963.

2)

COMMON PROCUREMENT VOCABULARY (CPV):

31121340, 31121320, 31121330, 31121300.

3)

QUANTITY OR SCOPE:

As detailed in section II.2.1.

LOT NO 4 TITLE Site D

1)

SHORT DESCRIPTION:

(i) Max Installed Capacity (MW) - 42

(ii) Estimated Capacity Factor - 0.30

(iii) Annual Output (MWh) - 110,723

(iv) MWh Output per MW installed - 2,636.

2)

COMMON PROCUREMENT VOCABULARY (CPV):

31121340, 31121320, 31121330, 31121300.

3)

QUANTITY OR SCOPE:

As detailed in section II.2.1.

LOT NO 5 TITLE Site E

1)

SHORT DESCRIPTION:

(i) Max Installed Capacity (MW) - 52

(ii) Estimated Capacity Factor - 0.35

(iii) Annual Output (MWh) - 157953

(iv) MWh Output per MW installed - 3,038.

2)

COMMON PROCUREMENT VOCABULARY (CPV):

31121340, 31121320, 31121330, 31121300.

3)

QUANTITY OR SCOPE:

As detailed in section II.2.1.

LOT NO 6 TITLE Site F

1)

SHORT DESCRIPTION:

(i) Max Installed Capacity (MW) - 12

(ii) Estimated Capacity Factor - 0.34

(iii) Annual Output (MWh) - 28,561

(iv) MWh Output per MW installed - 2,380.

2)

COMMON PROCUREMENT VOCABULARY (CPV):

31121340, 31121320, 31121330, 31121300.

3)

QUANTITY OR SCOPE:

As detailed in section II.2.1.

SECTION III: LEGAL, ECONOMIC, FINANCIAL AND TECHNICAL INFORMATION

III.1)

CONDITIONS RELATING TO THE CONTRACT

III.1.1)

Deposits and guarantees required:

Where appropriate, parent company guarantee / performance bond may be required. Further detail will be made available at the Tender Stage.

III.1.2)

Main financing conditions and payment arrangements and/or reference to the relevant provisions regulating them:

All prices quoted shall be in Pounds Sterling (GBP) and all payments shall be made in Pounds Sterling (GBP). Payment shall be made on a basis of supplied equipment and supporting services based on agreed Framework/Contract rates and schedules.

III.1.3)

Legal form to be taken by the grouping of economic operators to whom the contract is to be awarded:

In the event of a group of companies submitting an accepted offer it will be necessary for each member of the group to sign an undertaking that each company in the group will be jointly and severally liable for the satisfactory performance of the Framework/Contract.

All interested individual parties who meet the minimum pre-qualification standard have the option to form strategic partnerships with other interested parties at the tender stage in the process. The legal requirements shall remain as stated in the first paragraph within this section (III.1.3) of the notice.

III.1.4)

Other particular conditions to which the performance of the contract is subject:

No.

III.2)

CONDITIONS FOR PARTICIPATION

III.2.1)

Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers:

Information and formalities necessary for evaluating if requirements are met: Applicants expressions of interest should be submitted by email to ProcurementHelpline@scottishwater.co.uk by the date indicated in IV.3.4 and should include the following information:

(i) Confirmation that the interested party can participate in an electronic tender process. The only specific requirement being having an email address. Any PQQ or Tender associated with this Framework/Contract will be issued using the etender Scotland Elcom electronic package.

(ii) Full postal and contact details are required to be included in your submission.

III.2.2)

Economic and financial capacity:

Applicants will be expected to be of sufficient and economic standing to support an annual award of work or part thereof for the framework.

All applicants must complete the Financial questions within the tender document. Financial Standing relevant to the anticipated value of work will be determined by Scottish Water based on the response to the pre-qualification questionnaire and any further financial checks deemed necessary.

III.2.3)

Technical capacity:

Information and formalities necessary for evaluating if requirements are met: Refer to the tender document.

III.2.4)

Reserved contracts:

No.

III.3)

CONDITIONS SPECIFIC TO SERVICES CONTRACTS

III.3.1)

Execution of the service is reservedto a particular profession:

No.

III.3.2)

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service:

No.

SECTION IV: PROCEDURE

IV.1)

TYPE OF PROCEDURE

IV.1.1)

Type of procedure:

Negotiated

Candidates have already been selected: no.

IV.2)

AWARD CRITERIA

IV.2.1)

Award criteria:

The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate.

IV.2.2)

An electronic auction will be used:

No.

IV.3)

ADMINISTRATIVE INFORMATION

IV.3.1)

File reference number attributed by the contracting entity:

SW10/ENY/0642.

IV.3.2)

Previous publication concerning the same contract:

No.

IV.3.3)

Conditions for obtaining specifications and additional documents:

Payable documents: no.

IV.3.4)

Time limit for receipt of tenders or requests to participate:

28.10.2009 - 12:00.

IV.3.5)

Language(s) in which tenders or requests to participate may be drawn up:

English.

IV.3.6)

Minimum time frame during which the tenderer must maintain the tender:

IV.3.7)

Conditions for opening tenders:

SECTION VI: COMPLEMENTARY INFORMATION

VI.1)

THIS IS A RECURRENT PROCUREMENT:

No.

VI.2)

CONTRACT(S) RELATED TO A PROJECT AND/OR PROGRAMME FINANCED BY COMMUNITY FUNDS:

No.

VI.3)

ADDITIONAL INFORMATION:

VI.4)

PROCEDURES FOR APPEAL

VI.4.1)

Body responsible for appeal procedures:

See section VI.4.2 below.

VI.4.2)

Lodging of appeals:

Precise information on deadline(s) for lodging appeals: Scottish Water will incorporate a minimum of 10 calendar day standstill period at the point of information on the award of the contract is communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such additional information should be requested from the contact point quoted in Section 1.1 of this notice.

If an appeal regarding the award of contract has not been successfully resolved The Utilities Contracts (Scotland) Regulations (SSI 2006 No.2) provide for aggrieved parties who have been harmed or are at harm by a breach of the rule to take action in the Sheriff Court or Court of Session. Any such action must be brought promptly (generally within 3 months). Where a contract has not been entered into the Court may order the setting aside of the award decision or order the authority to amend any document and may award damages. If the contract has been entered into the Court may only award damages.

VI.4.3)

Service from which information about the lodging of appeals may be obtained:

VI.5)

DATE OF DISPATCH OF THIS NOTICE: 6.10.2009.

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