Dear Sir or Madam,
Thank you for your question submitted in the context of the current FEED tender procedure.
Question 1)
In cases of exclusions in submitted documents, where certain requested information cannot be fully disclosed due to data protection regulations, confidentiality obligations, or existing NDAs with customers and reference projects, how should such exclusions be addressed within the submission? Is a template available? Or Bidder can use his own template or a corresponding explanation in the same document is enough?
Answer 1)
Under applicable public procurement law, bidders must provide sufficient information to demonstrate that they meet the minimum suitability requirements. However, the European Court of Justice has clarified that reference information cannot generally be classified as confidential in its entirety.
Uniper will assess and evaluate the information provided on the basis of public procurement law and in accordance with relevant case law. We would therefore like to draw your attention in particular to the following aspects:
- Essential Information Cannot Be Withheld
Information necessary to determine whether references meet minimum suitability requirements mustbe provided. Confidentiality obligations do not justify withholding of such essential information. Failure to provide essential information for the suitability assessment may result in the participation documents being deemed incomplete and excluded.
- Documentation requirements:
If you need to exclude information, you must:
- Specify precisely which information is not being disclosed
- Cite the legal basis (data protection regulations, existing NDA, contractual obligations)
- Provide substantive justification explaining why disclosure would cause harm
- Demonstrate the confidentiality obligation is valid and covers the information in question
- Templates and Format
No standard template is required**.** A written explanation in the concrete reference document for form VIII is sufficient, provided it contains all required elements.
Question 2)
Could you please clarify the required signing procedure for the submission documents?
- Is each individual form and document required to be signed separately?
- Alternatively, is it acceptable to combine all forms and documents into a single PDF file and provide a signature on the cover page or a final summary page, while the remaining pages are initialled (paraphed)?
Answer 2)
Applicants must complete and sign the ‘expression of interest’ document in order to take part in the pre-qualification procedure. The required applicable documents of each candidate, that are listed in the ‘expression of interest’ do not need to be signed separately. An exception to this is Forms X and XI, where these are required to be submitted. These two forms must be signed by the relevant subcontractors upon submission. The name and surname of the person making the declaration “expression of interest” must be stated in this declaration clearly and legibly.