Port Empedocle Power Palnt - Job M002 - Gas Turbine Stack

Informazioni aggiuntive

1) This procedure is subject to the provisions of the Italian Legislative Decree no. 163 dated April 12 2006, named “Codice dei contratti pubblici relativi a lavori, servizi e forniture in attuazione delle direttive 2004/17/CE e 2004/18/CE” (Code of public contracts concerning works, services and supplies in accordance with the EC directives 2004/17 and 2004/18) and subsequent amendments and supplements, as far as applicable to public contracts of works, services and supplies for utilities. The above mentioned legislative decree, can be consulted – in Italian language – on the website of the Italian Parliament at the address http://www.parlamento.it/parlam/leggi/deleghe/dlattcee.htm .

2) The requests to participate in the tender (no. 1 original and no. 2 copies) shall be submitted by making use of the appropriate forms drawn up by Enel and made available to the companies, which deem to be able to meet the minimum professional, economic and technical requirements for participating in the tender, on the internet addresses

http://www.acquisti.enel.it/it-IT/fornitori/03_bandi_avvisi/02_bandi_gara/

Or http://www.acquisti.enel.it/en-GB/fornitori/03_bandi_avvisi/02_bandi_gara/

(in the search mask, please, select English language and then: ”Company”: Enel Servizi – “Macro-category”: Materiali – “Date of publication”: date of publication of this contract notice). The references of this contract notice and the details of the concerned job, as per point II.1.1) above, shall be indicated on the outer side of the envelope containing the request to participate.

3) In order to be invited to bid, the candidates meeting the minimum requirements established in this contract notice shall also register themselves in the Suppliers Register (“Anagrafica Fornitori”) on ENEL Purchasing Portal (internet address: www.acquisti.enel.it ), section “Become a Supplier” in English version, for the merchandise group FMGV25 “Diverter Box e Camino di Bypass” (if not already registered for the aforesaid merchandise group). In case of temporary groupings of companies, the registration shall be made by all the economic operators taking part in the grouping.

Nevertheless, Enel reserves the right to invite to bid suppliers which are not already registered, in the event the missed or late registration is due to causes, to be properly documented, not attributable to the supplier itself. If so, the supplier will have to complete the registration process within the deadline for the submission of technical bid.

4) The following cases may also constitute grounds for exclusion:

— existence of possible, even potential, conflict of interest of the candidate company with companies belonging to Enel Group, deriving from the examination of the company composition, from which results that in the candidate company there are persons who hold, within companies of the Enel Group, a position of top management and/or are employees of the same companies (including their relatives or cognates within the 2nd degree) and/or results that there are rights in term of use or guarantee on the shares with elective franchise or controlling trust companies;

— the candidate company is not willing to comply with specific ethical-social obligations (for example, measures taken to guarantee the respect of the fundamental rights of the workers, the principles of equal treatment and non discrimination, protection against child labour, etc.) and to accept controls at its production units and offices for the purpose of verifying the compliance with said obligations.

5) Information about the persons responsible for the procedure, under article 10 of the Italian Legislative Decree no. 163/06:

— for the design phase: Mr. Andrea Cattoretti;

— for the assignment phase: Mr. Luca Lanfranchi;

— for the execution phase: Mr. Roberto Tomasi;

6) According to what provided for in the Resolutions of the Italian Authority for Surveillance on public contracts (“Autorità per la Vigilanza sui contratti pubblici”) , it is specified that the economic operators invited to bid will be in duty bound to pay a contribution to the Italian Authority for Surveillance on public contracts, as a condition to be admitted to the tender procedure. Therefore, only at the time of bid submission of the technical offer of the tender (and not at the moment of the presentation of its request of pre-qualification), bidders shall prove to have paid the sum due as contribution. Failure to prove the effected payment of such sum will result in the exclusion from the tender procedure. Payment of the contribution shall be effected according to the operating instructions given on the website of the Italian Authority for Surveillance on public contracts at the following address:

http://www.avcp.it

For the purpose of the above mentioned Resolutions of the Italian Authority for Surveillance on public contracts, please be informed that the tender identification code, named CIG (“Codice Identificativo Gara”), concerning this job is: 5047990520.

7) Enel, at its sole and unquestionable discretion, reserves the right to:

— cancel the tender (for example, if the received bids does not comply with the expected minimum technical-economic requirements);

— carry out the tender, or part of it, by means of information technology tools (e-commerce).

8) Minimum period for which the bidder is required to keep valid the offer: 6 (six) months from the deadline stated for the submission of technical bids.

9) The selected contractor may use, with no restriction, local entrepreneurs, where technical and economic conditions so permit, in order to maximise the involvement of local resources.

10) According to the provisions of art. 13 of the Italian Legislative Decree no. 196/2003, named “Code on the matter of protection of personal data” (“Codice in materia di protezione dei dati personali”), please be informed that the data supplied by bidders during the tender process are collected and processed by Enel S.p.A., and by the Companies subject to direction and coordination of Enel S.p.A., both in automatic way and on paper, for the purposes concerning the tender and contract (if any) stipulation and management, as well as to give execution to all legal requirements.

In this regard, it is specified that:

— the collection of all the data, requested from time to time, is an essential prerequisite to the establishment and carrying out of the above mentioned relationships;

— the personal data collected, as well as the personal data processed, will be subject to communication solely to Enel S.p.A. and to the Companies subject to direction and coordination of Enel S.p.A and shall not be disclosed to third parties, except for the cases provided for by law;

— the persons or legal entities, to whom or to which the collected personal data refers, are allowed to exercise the rights provided for at article 7 of the Italian Legislative Decree no. 196/ 2003, with reference to the existence and processing of their personal data.

Please, be also informed that the Body responsible for the processing of personal data is Enel Ingegneria e Ricerca S.p.A., in the person of its legal representative pro tempore. The Person responsible for the processing of personal data is the Managing Director pro tempore of Enel Servizi S.r.l. Procurement Area, with registered office in Viale Regina Margherita, 125 – 00198 Roma (ITALY).

Depositi e garanzie richiesti

At the time of contract award, the selected contractor will be requested to provide a guarantee deposit, in the terms specified by Enel, for the maximum amount of 20% of the estimated contract amount. The guarantee deposit shall be set up either in the form of a bank guarantee issued by a primary bank, or in the form of an insurance guarantee policy issued by a primary insurance company. In case of TGC (Temporary Grouping of Companies), the guarantee deposit shall be set up by the agent company only (group leader).