Sample Tender Document
Energy Performance Contracting
Provided by:
ESCo&Cogen Facilitator
150 Linden Street
Block E
Strathavon, Sandton 2196
Johannesburg
South Africa
information@sanedi.org.za
South African – German Energy Programme
(SAGEN)
Hatfield Gardens
333 Grosvenor Street
Pretoria 0028
South Africa
sagen@giz.de
Prepared by:
WSP Industrial
Block A, I on Langford,
Lancaster Crescent, Westville 3629
PO Box 670, Westville, 3630
South Africa
Disclaimer: This sample tender document is
provided for illustrative purposes only. It needs
to be adapted for every business case 'so as
to reflect the relevant circumstances and facts.
It should not be construed as an offer of legal
advice or counsel. Consult a licensed contract
attorney before entering into any tender.
‘Where sample wording is amended, and in all
cases whether other amendments or additions
are made, care must be taken to ensure that
no ambiguity is created within the tender
document.'
Energy Performance Contract (EPC) Sample Tender Document
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Energy Performance Contracting Tender
Invitation to Tender
Important Notice
This Invitation to Tender is being made available by the Client to Tenderers on the terms set out in this
Tender. This tender is a summary of available information and no reliance will be placed on any
information or statements contained herein, and no representation or warranty, expressed or implied, is
or will be made in relation to such information. Neither the Client nor consultants will have any liability or
responsibility in relation to the accuracy, adequacy or completeness of such information nor any
statements made. For the avoidance of doubt, Tenderers should not assume that such information or
statements will remain unchanged. Nothing in this Tender will be construed as legal, financial or tax
advice. In no circumstances will the Client or consultants incur any liability or responsibility arising out of
or in respect of the issue of this Tender.
The Client reserves the right to amend this Tender, the procurement process, its requirements and any
information contained herein at any time by notice, in writing, to the Tenderers.
Nothing in this Tender is, or should be relied upon as representation of fact or a promise as to the Client’s
decision at the end of the procurement process or its ultimate decision in relation to the award of any
agreement(s) or any other future event.
The Client and its advisers, consultants, contractors, servants and/or agents do not accept any
responsibility for the legality, validity, effectiveness, adequacy or enforceability of any documentation
executed, or which may be executed, in relation to this procurement process. No legal relationship or
other obligation will arise between a Tenderer and the Client unless and until an agreement has been
formally executed in writing by the Client and the Tenderer and any conditions precedent to its
effectiveness have been fulfilled. The Tenderer must rely on the terms and conditions contained in any
agreement when, and if, finally executed, subject to such limitations and restrictions which may be
specified in such agreement. Nothing in this Tender may be used in construing any such agreement and
no such agreement will contain any representation or warranty in respect of this Tender.
The Client reserves the right, at its absolute discretion and without notice, to terminate, abandon, alter or
change the basis of this procurement process, or to exclude one or more of the Tenderers from this
procurement process and, in such circumstances, the Client and its respective advisors shall not be liable
to any person(s) as a result thereof.
Each Tenderer’s acceptance of delivery of this Tender constitutes its agreement to, and acceptance of,
the terms set forth in this Tender.
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1.
Purpose and Scope of the Tender
This Tender:
Requests Tenderers to submit Tenders in accordance with this Tender;
Outlines the Baseline and proposed Interventions
Outlines the overall timetable and procurement process;
Describes how Tenders will be evaluated.
The Request
This Request is to establish an Energy Performance Contract (EPC) between the Client and the
selected ESCo. Client manufacturing plant based in [put in location] has identified several areas
in the manufacturing plant that are currently running inefficiently as a result incurring large Utility
cost.
The EPC contract will enable The Client to realise Energy/ Rand saving through the structured
implementation of efficient and reliable equipment and process.
Table 1 & 2 identifies the company and gives a brief over view of the site Electricity Usage and
cost.
Table 1: Company Details
Company Name
-
Physical Address
-
Phone, Fax
-
Website
-
Trading Since (year)
No. of Employees
Industrial Processes
Departments
Table 2: Site Overview
Electricity Usage
Electricity Cost
Maximum Demand
Air compressors
Motors
Energy Audits have previously been carried out and have established that the Main Energy
users are e.g.:
Dust Extraction
Compressed Air system
Production Machinery
And has an overall potential saving of ______%
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2.
Technical Aspects
2.1
Site Analysis and Baseline
Analysis of the sites electricity loading has been carried out at individual plants, as well as by
using the estimated operational hours and plant loading data. The data have been extrapolated
to generate the electricity usage as shown in Tables 3 & 4 and further illustrated in Graphs 1, 2,
3 & 4.
Table 3 Sites kWh / Rand (12 Months)
Year
kWh
Ave service
charge
Cost KWh
Total cost incl VAT
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
Total
Graph 1- Example kWh/ Rand Value
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Graph 2 Example Energy Usage
Table 4 - kWh per Area for 12 Month Period
Example - Energy Breakdown of Facility
Areas (e.g.)
Lights kWh
Fans
kWh
Coolers
kWh
Machinery
kWh
Total kWh
Skin room
Clicking
Pre Closing
Closing
Press Room
Lasting
Marking
Finishing
Knife Plant
Dispatch
Utilities
Total
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Graph 3 – Example kWh per/ Area
Graph 4 – Example Energy Breakdown per User
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Main Energy User by Areas
1.
2.
3.
Production Machinery
Utilities (Dust Extraction & Compressor)
Coolers
With the above demonstrating the largest of the Energy consumption amongst all areas, should therefore
be the focal point of energy reduction and Rand saving.
3.
Scope of Tender
The Scope of Tender is for the Verification of the recommended Interventions, energy saving
potential of the identified areas within the Client Facility and the design and supply of
Intervention within a predetermined time frame and within the Energy Performance Contracting
scheme of an agreed shared savings Ratio.
*In Energy Performance Contracting (EPC), the ESCo guarantees a customer a certain amount
of energy savings (MWh saved or ‘NegaWatt’) over a certain period of time after a fixed set of a
baseline and agreed energy saving interventions on the customer’s site that will be carried out
by an ESCo. In general, the contracted ESCo finances these interventions on its own but will be
financially rewarded from the shared MWh savings
An anticipated reduction of site Electricity usage of < xxxx% > was reported to be achievable
by the below Interventions (as an example) but does not consider the increase in Electricity
cost over the next < X > years.
Heat recovery from Compressors
- Heat exchanger for waste heat recovery
- Waste heat recovery for the hot box
Compressed Air piping design and layout to Reduce pressure losses
Repair Compressed Air Leaks
Compressor Loading Cycle
VSD Controlled compressor
Installation of Heat Pumps – Process Water, Welt Drums
Dust Extraction Motor – Size reduction, Energy Efficient Motor
Production Equipment – Higher Energy Efficient Motors
Replace Site Light with Energy Efficient Lighting
Light Control (50% - 100% on/Off Control, Occupancy Sensors, Daylight detection)
HVAC
Fuel switching
Control and Building Automation
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Light Control 50% - 100% on/Off
Other
The Appointed ESCO will be required to investigate the viability of the above Interventions and
potential savings with capital cost for the implementation.
The Appointed ESCO will be expected to enter into an Energy Performance Contract (shared
saving) with the projected Rand saving financing the Capital cost of all Intervention for a Fix
period generally between 5 to 15 Years.
4.
Tender Content and Structure
4.1
Tenderers are required to submit the following information in their Tender:
Investment Grade Audit
Project ranking using NPV and IRR
Financing model – (proposed Shared
savings ratio)
A structured Financial Model of:
1. Project Capital Cost and Financing
Options
2. Ownership of equipment
3. Maintenance of equipment
4. potential saving
5. Ratio split Tenderer and Client
6. Excess Saving Split
Description of the compatibility of
the energy savings measures with
the existing system
1. Measurement and Verification plan
2. Baseline projection plan
3. Maintenance plan
Resourcing plan and qualifications
of project team
1. Academic Qualification of team
2. M&V Qualification
3. Base Location
Financing of New EE Installation
ESCo is expected to finance installation
Monies from energy saving to supplement,
project cost and ESCo fee, duration of
contract should be based on these amounts
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Ownership during and after contract
Who owns equipment ,
Maintenance of equipment during contract
Maintenance contract to proceed project
duration
Proposed Times frame of the
Contract
A structured project plan with start dates
and end dates
-
Shorter contract = Higher Ratio
of shared savings for ESCo
-
Longer contract = Lower Ration
of shared savings for ESCo
Client training proposals
Non-Collusion
A signed and dated Non-Collusion
Certificate in the form set out in Schedule 1
4.2
The Tender and all supporting documentation should be page-numbered and cross-referenced
to the Tender where appropriate, and be fully indexed.
4.3
Tenderers are not permitted to make any alternation whatsoever to the Form of Tender
(including the Resource Allocation Spreadsheet), the Non-Collusion Certificate, and the
Confidential Undertaking, other than filling in the required information.
4.4
Tenders must be completed in ink and all prices must be fully priced in Rand(R), totalled and
exclusive of VAT. VAT must be shown separately.
5.
Changes since Commencement of Procurement Process
5.1
Where there have been any changes in the information supplied by the Tenderer at the prequalification stage of this process, these should be disclosed in full.
5.2
Tenderers are reminded of the eligibility requirements that apply to the procurement process at
all times. Any change in the eligibility requirements of a Tenderer must be notified immediately
to the Client in writing, and may result in the Tenderer being disqualified from any further
participation in the procurement.
5.3
The membership of any Tenderer, and the principal relationships between the members of a
Tenderer, and between such Tenderer and its principal sub-contractors, must remain as
described in that Tenderer’s pre-qualification application, unless changed with the prior consent
of the Client. Where there has been a change in the structure and/or ownership of the Tenderer
(direct or indirect) or a change in the principal relationships between the members of the
Tenderer, or between that Tenderer and its principal sub-contractors, the Client reserves the
right to determine whether or not to continue with the evaluation of that Tenderer’s Tender, and
whether or not to enter into an agreement(s) with that Tenderer.
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6.
Tender Submission
6.1
Three (3) hard copies and (1) electronic copies must be submitted.
6.2
Tenders must be parcelled in sealed packages or boxes clearly identified as “Energy
Performance Contracting Services STRICTLY CONFIDENTIAL”. There must be nothing to
identify the identity of the Tenderer, organisation or its associates on the sealed package or box
in which the Tender is returned.
6.3
Tenders must be submitted to the address provided below by [-----------------] or such date as
may be notified by the Client (the “Tender Deadline”). Tenders should be addressed to:
XXXXXX
XXXXXX
XXXXXX
6.4
Tenders received after the Tender Deadline will be rejected.
7.
Tender Validity Period
7.1
The Tender shall constitute an irrevocable offer valid for acceptance by the Client for a period
of three calendar months from the Tender Deadline or such further period as may be agreed by
the parties.
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8.
Presentations
8.1
Tenderers will be required to prepare a presentation to present at a meeting with the Client at a
time to be arranged by the Client.
8.2
The purpose of the presentation will be to give the Tenderer an opportunity to:
8.2.1
Present their full proposals;
8.2.2
Respond to any questions or clarifications from the Client regarding the Tender.
8.3
The person(s) presenting should be the proposed project team who would work on the project,
if successful.
8.4
Tenderers should note that no additional material or documents can be given to the Client at the
presentation.
8.5
Two hours will be allocated to the presentation, of which one and half hours will be allocated to
the presentation and half an hour allocated to responding to questions posed and clarifications
sought by the Client on the content of the presentation
9.
Tender Evaluation
9.1
Tenders should be prepared and submitted in accordance with the requirements contained in
this Tender. All Tenders will be initially reviewed for completeness and for compliance with the
requirements set out in the Tender. If a Tenderer fails to comply in any respect with the
requirements set out in the Tender (including by failure to provide sufficient detail or adequate
explanation), the Client may in its absolute discretion:
9.2
9.1.1
reject the relevant Tender as non-compliant;
9.1.2
without prejudice to the Client’s right to reject the Tender seek clarification from the
Tenderer in respect of the relevant Tender including requesting the Tenderer to provide
the Client with information or items which have not been provided or have been
provided in an incorrect form; and/or
9.1.3
Without prejudice to the Client’s right to reject the Tenderer, waive a requirement
which, in the opinion of the Client, is minor, procedural or non-material.
Any Tender that is rejected for non-compliance will not be evaluated further.
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9.3
The Tenders, as presented and clarified in the Presentation, that are deemed to meet the
requirements of this Tender shall be evaluated in accordance with the following Award Criteria:
Technical Criteria
Compatibility of the proposed energy savings measures with the existing
system.
Weightings
5
Quality of equipment proposed, and future availability of spare parts.
Quality of equipment warranties offered.
5
Resources proposed for the project including qualifications and experience
of the project team.
5
Measurement and verification solutions proposed.
5
Quality of training programme prepared for Client staff.
5
Specific approaches that will be used to minimise disturbance during the
implementation of the energy-efficiency improvements.
5
Quality of automation/monitoring system
Financial Criteria
Project ranking using NPV and IRR
10
The cumulative annual energy cost savings in respect of each type of
energy consumed at the premises that the ESCO guarantees to the Client.
Electricity: [ ]1kWh/year @ [0.9315]2 R/kWh = R[ ]/year
Total = R[ ]3/year
Residual/post contract value of energy savings.
20
5
Robustness of financing models. - Access to and ability to raise finances
for implementation of the project.
20
Duration of Contract
15
1
These figures are submitted by the ESCO for each energy type in its bid.
These figures are set by the Client for each energy type.
3 When calculated, this is the figure upon which the ESCO is assessed for the shared savings threshold.
2
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10.
Exclusion from the Tender Process
A Tender may be excluded if, at the time of the award decision, the Tenderer:
10.1 is subject to a bankruptcy or insolvency procedure or process of a kind
10.2 has been found guilty of professional misconduct by a competent authority that is
authorised by law to hear and determine allegations of professional misconduct against
persons that include the Tenderer; or
10.3 has committed grave professional misconduct provable by means that the Client
demonstrate
11.
can
Agreement
11.1 Tenderers are advised to carefully review the draft Agreement scheduled. Tenders
submitted must be compliant with the terms of the draft Agreement. Tenderers should
note that, as the dialogue phase of this procurement process has now concluded, the
Client will not negotiate any material amendments to the terms of the draft Agreement.
11.2 Before the Agreement is awarded, the successful Tenderer will be required to produce a
Tax Clearance Certificate, or, in the case of a non-resident Tenderer, a statement from
the Revenue Commissioners confirming suitability on tax grounds.
11.3 Save as provided in the Confidentiality Undertaking, no legal relationship or other
obligation will arise between a Tenderer and the Client unless and until an Agreement has
been formally executed in writing by the Client and the successful Tenderer and any
conditions precedent have been fulfilled.
11.4 The Client reserves the right not to award the Agreement.
12.
Indicative Timetable
The indicative timetable for the remainder of the procurement process is set out below. The
Client reserves the right to amend the timetable at its absolute discretion.
Indicative Timetable for the procurement process
Task
Date
Tender Deadline
Presentation Material Deadline
Presentation
Tender Evaluation
Award Decision
Commencement of Agreement
Minimum of 14 days after letters
of notification of award decision
have been sent to Tenderers by
email/fax
Energy Performance Contract (EPC) Sample Tender Document
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13.
Queries
13.1
During the tender phase Tenderers may submit queries to the Client by emailing. All queries will
clearly state that they relate to this tender process. No approach of any kind in connection with
this Tender should be made to any other person within, or associated with the Client and any
attempt to do so may, at the Client’s absolute discretion, result in the elimination of the Tenderer
from further participation in this process. The Client will endeavour to respond to reasonable
queries but does not undertake to respond to all queries received. The Client does not propose
to respond to queries seeking interpretation of this Tender.
13.2
If a Tenderer believes a query and/or its response is confidential or commercially sensitive it
must mark the query as “confidential” or “commercially sensitive”. If the Client, at its absolute
discretion, is satisfied that the queries and/or its responses should be properly regarded as
confidential or commercially sensitive, the nature of the queries and their responses will be kept
confidential (subject to the Client’s obligations under law).
13.3
If the Client is of the opinion that it would be inappropriate to answer the query on a confidential
basis, it will notify the Tenderer accordingly and require the Tenderer to either withdraw the
query or to raise any objection within 3 (three) working days of such notification and to state the
grounds for its objection.
13.4
If the Tenderer does not withdraw the query or raise any objection within the specified period,
or the Client is of the opinion that, notwithstanding the objection of the Tenderer, the query is
not confidential or commercially sensitive, the Client may issue the query and its response to all
Tenderers.
14.
Conflict of Interest
14.1
Any actual or potential conflict of interest involving a Tenderer must be fully disclosed to the
Client as soon as it becomes apparent. In the event of any conflict or potential conflict of interest,
the Client will, in its absolute discretion, decide on the appropriate course of action.
15.
Costs
15.1
Each Tenderer shall be liable for all of its own costs and expenses arising out of or in connection
with this procurement process. The Client has no obligation whatsoever to reimburse any
Tenderer any costs or expenses incurred or any liability incurred or any losses whatsoever in
connection with or as a result of the participation of the Tenderer in this procurement process,
and whether or not the procurement process results in the award of a contract(s) and whether
or not the Client elects to terminate the whole or part of the procurement process.
16.
Supplemental Information
16.1
The Client reserves the right to update, delete, vary, extend or alter this Tender and the
information and documents contained herein at any time by notice in writing to Tenderers.
16.2
Any advice of a modification to the Tender shall be issued at least five (5) days before the
deadline for receipt of tenders and shall be issued as an addendum to, and shall be deemed to
constitute part of the Tender. If necessary, the Client shall revise the Tender Deadline in order
to comply with this requirement.
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17.
Non-collusion
17.1
Any Tenderer who, in connection with the tender process:
17.2
fixes or adjusts the amount or the terms of his Tender by or in accordance with any contract or
arrangement with any other Tenderer (other than a member of its own consortium); or
17.3
Enters into any contract or arrangement with any other Tenderer that it shall refrain
Tendering or as to the amount or terms of any Tender to be submitted; or
17.4
causes or induces any person to enter into such contract or arrangement as is mentioned in
either sub-paragraph (a) or (b) above or informs any Tenderer of the amount or approximate
amount or terms of any rival Tender for the Agreement; or
17.5
canvasses any of the other Tenderers in connection with the Tender; or
17.6
offers or agrees to pay or give or does pay or give any sum of money, inducement or valuable
consideration directly or indirectly to any person for any information in connection with any rival
Tender; or
17.8
communicates to any person other than the Client the amount or approximate amount or terms
of its proposed Tender (except where such disclosure is made in confidence and is necessary
for the preparation of the Tender) shall be disqualified (without prejudice to any other civil
remedies available to the Client and without prejudice to any criminal liability which such conduct
may attract).
from
Note: Tenderers are required to return the Non-Collusion Certificate set out in Schedule [1] of
this Tender with their Tender.
Energy Performance Contract (EPC) Sample Tender Document
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Schedule 1
Non-Collusive Bidding Certificate
By submission of this bid or proposal, the bidder certifies that:
(a) This bid or proposal has been independently arrived at without collusion with other bidders or with any
competitor or potential competitor.
(b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed prior to the
opening of bids or proposals for this project to any other bidder, competitor or potential competitors.
(c) No attempt has been or will be made to induce any other person, partnership or corporation to submit
or not to submit a bid or proposal.
(d) The person signing this bid or proposal certifies that they have fully informed him/her regarding the
accuracy of the statements contained in this certification and under the penalties of perjury affirms the
truth thereof, such penalties being applicable to the bidder as well as to the persons signing in its behalf.
(e) Attached hereto (if this bid is submitted by corporate bidder) is a certified copy of the resolution
authorizing the execution of this certificate by the signatory of this bid or proposal on behalf of the
corporate bidder.
________________________________
Bidder Signature & Date
________________________________
Address
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