Documentation of the open Request for Proposals on ... · FORM 15 Declaration of Contractor...

Enel RUSSIA JSC

Documentation of the open Request for Proposals

on selection of the Contractor to perform works/services

Revision 11.1 dated 11.07.2016

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CONTENTS 1. TERMS AND DEFINITIONS 2 2. GENERAL PROVISIONS 2 2.1. Legal Status of Documents 3 2.2. Applicable Regulatory Documents 3 2.3. Review 3 2.4. Miscellaneous 3 3. REQUEST FOR PROPOSALS PROCEDURE 3 3.1. Requirements to the Bidders of the Request for Proposals 4 3.2 General Procedure for the Request for Proposals 5 3.3 Proposals Preparation 5 3.4. Clarifications and amendments to the Documentation 9 3.5 Selection, comparison and appraisal of Proposals. Negotiations 9 3.6 Choice of the Contractor 10 3.7 Signing of the Contract 10 3.8 Multi-Lot Procurement 11 3.9 Additional Requirements to the Contract Execution. 11 FORMS OF THE TECHNICAL PART OF THE PROPOSAL 14 Form 1. General information within the technical proposal for supply and performance of works/services 14 Form 2. Schedule of works/services performance 15 Form 3. Plan for distribution of scopes of the works/services performance between the Bidder and subcontractors 16 Form 4. Certificate on the List and Scopes of Fulfilling Similar Contracts 17 Form 5. Certificate on Material and Technical Resources 18 Form 6. Certificate on Human Resources 19 Form 7. Profile of the Bidder 20 Form 8. Information letter on relations of affiliation with the staff of the Customer or Organizer 21 Form 9. Certificate on Legal Proceedings 22 FORM 13 FINANCIAL PERFORMANCE INDICATORS 23 FORM 14 STATEMENT OF LEGAL ENTITY’S STRUCTURE 25 FORM 15 Declaration of Contractor (Sub-contractor) Compliancewith HSE Requirements of PJSC Enel Russia 27 FORMS OF THE COMMERCIAL PART OF THE PROPOSAL 31 Form 10. Letter of offer 31 Form 11. Summary table of the cost of supply and performance of works/services 32 Form 12. Protocol of disagreements to the Draft Contract 33

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1. TERMS AND DEFINITIONS

The following terms with relevant definitions are used in this Documentation on the open Request for Proposals on selection of the Contractor to perform the works/services:

Customer - the Company organization unit in the interests of which the procurement Procedures are held.

Enel RUSSIA PJSC (Company) – Public Joint Stock Company Enel RUSSIA including Branches, representative offices.

Alternative proposal – the proposal submitted by the Bidder apart from the main proposal or as the main proposal,

aimed at meeting the needs of the Customer in terms of purchase of the Products, structure and contents of which differ from the requirements listed in the Technical Specification, but on the strict condition that the functional and operational / functional and technical parameters of the Products comply with the functional and operational / functional and technical parameters and characteristics listed in the Technical Specification for the Products purchased by the Customer.

Procurement procedure organizer (Organizer) - the Company's Organization unit for procurement directly engaged in

organization and performance of the procurement procedure including decision making as a part of procurement procedures.

Contract - a written agreement concluded between the Company and the Contractor contained the terms of material

delivery, works/services performance for the Company.

Terms of Reference – a document, determining the procedure, main requirements, features and terms for performance of

works and provision of services as well as the requirements to applicable standards, rules for work performance and service provision and other requirements to the Bidder.

Merchandizing Group – a group of goods, works or services which is close by its features and intended use.

Bidder - a legal entity, entrepreneur or their association who had submitted a proposal to the Company for participation in

the procurement procedure that complies with the Organizer's requirements.

Products - any goods, works or services required to ensure and serve the Company's activities.

Bank guarantee - is an irrevocable and unconditional obligation of Guarantor to pay a specified amount to Beneficiary

upon receipt from him of a sole demand to pay in accordance with the terms and conditions of the bank guarantee. Guarantor - is the bank which issues the Guarantee and undertakes financial liability with respect to Beneficiary in virtue

of the issued Guarantee. Principal - is person on the instructions of which the Guarantee is issued (Company’s Contractor).

Beneficiary - an entity in which favor the bank guarantee is issued, i.e. Enel RUSSIA PJSC.

Advance Payment Guarantee - is the Bank Guarantee shall ensure that the Contractor’s obligations to the Company on

the utilization of the paid advance amount in accordance with the terms and conditions of the contract and fulfillment of deliveries, works and/or services in accordance with performed advance payment. Contract Proper Performance Guarantee - is the Bank Guarantee the purpose of which is to protect Beneficiary against

improper performance/non-performance of contractual obligations by the counterparty including but not limited to non-delivery or incomplete delivery of the goods, non-performance of works and services in accordance with contract terms and agreed schedule in due time. Supplier assessment – a numerical value indicating the Supplier work performance evaluation in the course of discharge

of Contract obligations, executed according to common assessment system (Vendor rating) PP – Power plants (branches) of PJSC Enel Russia (branch “Sredneuralskaya GRES” of PJSC “Enel Russia ”, branch

“Reftinskaya GRES” of PJSC “Enel Russia”, branch “Konakovskaya GRES” of PJSC “Enel Russia”, branch “Nevinnomysskaya GRES” of PJSC “Enel Russia”) Procurement notice – is the official purchase notice delivered by Organizer to prospective participants of procurement

procedure, including procurement documentation;

2. GENERAL PROVISIONS

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2.1. Legal Status of Documents

This Request for Proposals procedure is not a competition and its conduct is not regulated by Articles 447-449 of Part one of the Civil Code of the Russian Federation. This Request for Proposals procedure is not a public competition and is not regulated by Articles 1057-1061 of Part two of the Civil Code of the Russian Federation. Thus, this Request for Proposals procedure does not impose the relevant scope of civil and legal obligations on the Organizer. This Documentation of the open Request for Proposals on selection of the Contractor to perform the works/services (hereinafter referred to as the "Documentation") is the Annex to the relevant Notice of the open Request for Proposals published either on the official web site of the Organizer with the link to this Documentation or on the official electronic trading platform. Notice on the Request for Proposals together with the annexes have no legal status of offer (or a public offer) of the Organizer. The Bidder’s proposal, which the Organizer finds as meeting the requirements of these Documents for the Request for Proposals shall be the Bidder’s offer and shall be considered in this regard within the validity period thereof. No other documents of the Organizer and Bidders define the rights and obligations of the parties in connection with this Request for Proposals. The proposal activity of Enel Russia PJSC is not regulated by the Federal Law dtd 18.07.2011 N 223-FZ “On procurement of good, works, services by certain kinds of legal entities” because a share of total revenue of Enel Russia PJSC from activity relevant to natural monopoly activity and (or) from regulated kind of activities indicated in the Federal Law dtd 18.07.2011 N 223-FZ, don’t exceed 10% from total revenue. This information is located on: 1. Enel Russia PJSC site, follow the link: http://enel.ru/upload/suppliers/201512%20Информация%20о%20доле%20выручки%20от%20регулируемых%20видов%20деятельности%20(RUS+ENG)%202014%20%20ПАО%20ЭНЕЛ%20РОССИЯ.pdf. 2. official site of Common information system in the scope of procurement, follow the link: http://zakupki.gov.ru/223/revenue/public/revenue/revenueInfo.html?revenueInfoId=15351 2.2. Applicable Regulatory Documents

The following documents shall be applied to the legal relationship within this Request for Proposals in the specified order of precedence:

- Notice of the Request for Proposals with annexes; - The Bidder’s Offer on the Request for Proposals with all supplements and clarifications.

- Outcomes (including minutes) of negotiations between the Organizer of the Request for Proposals and the Bidder that offered the best conditions (Successful Bidder);

In all occasions not regulated by the Notice of the Request for Proposals with annexes the parties shall rely on the Civil Code of the Russian Federation. 2.3. Review

All disputes and disagreements arising in connection with the Request for Proposals, including those relating to fulfillment of the obligations by the Organizer and Bidders, shall be resolved through a claim procedure. To implement such a procedure, an interested party (the Organizer or a Bidder), in case its rights are violated, shall submit its claim to the other party (to a Bidder or to the Organizer, respectively). 2.4. Miscellaneous

The Bidder shall bear all expenses related to preparation and submission of its proposal, and the Organizer shall not be held liable for such expenses and shall not have any obligations whatsoever irrespective of the course and results of such Request for Proposals. The Organizer shall ensure reasonable confidentiality in relation to all information received from the Bidders, including the information contained in the proposals. Any disclosure of such information to other Bidders or third parties shall be possible only in cases expressly provided for in the effective laws of the Russian Federation, or in the Documentation. The Organizer is entitled to reject any or all proposals and to refuse holding of the Request for Proposals at any time prior to signing of the Contract with the Successful Bidder, bearing no responsibility to the Bidders. Proposal or procurement procedure rejection is carried out according to the rules, determined by the trading platform in case of procurement procedure execution on the electronic trading platform 3. REQUEST FOR PROPOSALS PROCEDURE

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3.1. Requirements to the Bidders of the Request for Proposals

Any legal entity, entrepreneur or their association may participate in the Request for Proposals. However, the Bidder shall meet the following requirements to claim successful passing of the selective stage and comparing of the technical parts of the proposal:

- The Bidder shall possess all necessary professional knowledge, have resources (financial, material and technical, production, manpower), and have managerial competence and experience in performance of similar works/services. The Customer is entitled to request information from the companies, for which the Bidder already carried out similar works/deliveries or rendered services.

- The Bidder shall have full legal capacity to conclude and fulfill the Contract (it shall be registered in accordance with the established procedure and have corresponding valid licenses to carry out activities under the Contract);

- The Bidder shall not be insolvent, or bankrupt, or under the liquidation, no arrest shall exist over any part of the Bidder’s property, which is material to the Contract fulfillment; the Bidder’s business shall not be suspended.

- The Bidder shall comply with the requirements of the applicable legislation on occupational health and safety - Shall not carry out any activity that represent a conflict of interests in respect of potential Contract concluded after

the procurement procedure.

- The Bidder assures that the Managing Director/Directors/Shareholders as well as employees of the Bidder, that will be involved in the execution of works/supplies or providing services in case of the Bidder awarded, none of them was involved in the last 5 years for criminal responsibility on articles related to fraud, giving / receiving of bribe, theft or appropriation of property, etc.

- Previous and current activity of the Bidder as well as his employees shall not constitute a reputational risk for the Organizer.

For the following merchandizing groups the Customer has the right to consider the proposals coming from manufacturers of the respective products only.

Merchandizing Group Description

FMPC0400 Pumps and spares to the pumps

FMVA0700 Valves and spares to valves

FMTR0400 Steam turbines elements and spares

FAAI0100 Instrumentation and automation systems

FMGV0600 Boiler parts, cylinders, HP piping headers

FCCI0300 Insulation and refractory materials

FMPC1000 Induced draught fans, blow fans and spares

FMTR0200 Gas turbines elements and spares

FEME0800 Electro motors

FCCU0100 Fuel (diesel and petrol)

FCLU0101 Oil and lubricants

FMMM0100 Bearings

FEME0200 AC alternators

FEIN0800 Automatic circuit breakers

FMPC0100 Compressors and spares

FEIT0200 HV insulators

FMGE3200 Hammer mills parts and spares

FMGE2300 Reducing gears and actuators

FMGV0900 Mechanical and bag filters

FLAU0500 Vehicles, tractors, steam locomotive parts

FETR1300 Transformers and autotransformers

FERP0900 Relay protection elements

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FLMS0600 Lifting devices

FMGV0200 Burners, diffusors, nozzles and injectors

FZDP0400 Overalls, protective clothes and shoes

FZDS0200 PPEs

FMSE0300 Tanks and reservoirs

FMGV0400 Gas ducts

FMGE1700 Heat exchangers

The Customer reserves the right prior to contract award to carry out qualification visit/audit in order to assess Bidder’s

manufacturing premises compliance and capabilities to both produce and deliver requested product in accordance with

the Customer’s requirements. The Bidder can be awarded with the contract only subject to successful outcome of the

assessment performed by the Customer during such qualification visit/audit.

The Bidder being manufacturer and submitting respective bid within the frame of a procurement procedure thus declares

and confirms Bidder’s readiness and willingness to ensure that qualification visit/audit of the Bidder’s manufacturing

premises by the Customer is executed within the agreed timeframe.

The Organizer shall be entitled not to examine the proposals of the Bidders with insufficient grade of Supplier or which are not manufacturers should the subject of the procurement procedure be supply of the products belonging to the merchandizing groups listed above.

3.2 General Procedure for the Request for Proposals

a) Notice of the Request for Proposals is issued once during the entire Request for Proposals procedure; b) Preparation of the proposals by the Bidders and clarification of the Documentation by the Organizer, if necessary,

is repeated at each stage of the Request for Proposals; c) Proposals Submission and their acceptance is repeated at each stage of the Request for Proposals; d) Comparison and Appraisal of proposals is repeated at each stage of the Request for Proposals; e) Decision making on the next stages of the Request for Proposals is repeated at each stage of the Request for

Proposals; f) Notice of the Bidders of the results of the Request for Proposals is submitted once during the entire Request for

Proposals procedure; g) Signing of the Contract is performed once during the entire Request for Proposals procedure.

3.3 Proposals Preparation

The Bidder shall prepare the proposal that includes two parts: Technical Part

Section 1: technical proposal and forms provided in the Documentation; Section 2: references, licenses, certificates and other permits; Section 3: financial and legal documents; Section 4: Occupational Health and Safety documents; Section 5: other documents of the technical part

Commercial Part Section 6: commercial proposals and forms are provided in the documentation; Section 7: bid price justification;

All documents that are included into the proposals shall be prepared in Russian unless otherwise is specified in the Notice, they shall be signed by the person having the right to act on behalf of the Bidder without any power of attorney or by the person authorized by him/her based on the power of attorney (a copy of the power of attorney shall be attached) and sealed. In case the Bidder, for any reasons, fails to submit the document required, it shall attach a certificate of optional form explaining absence of the required document and containing assurances for the Organizer that the Bidder meets that requirement.

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3.3.1 Requirements placed by the Organizer as to the Technical Part of the proposal

Section 1: technical proposal and forms provided in the Documentation;

1. Technical Proposal Technical proposal for supply and performance of works/services shall be made in free format based on the requirements of the Terms of Reference and annexes thereto provided for in the relevant Notice of the open Request for Proposals and contain the following:

- description of works/services to be performed by the Bidder with description of the technologies being used, methods of works/services performance, etc.;

- bills of quantities, which are prepared similarly to the cost estimates of the commercial proposal, but not containing any price indices;

- information on the proposed suppliers of equipment and materials to perform specific works/services; - information on the proposed subcontractors planned to be engaged to perform specific works/services;

- any other information intended for most accurate and detailed presentation of the Bidder’s technical proposal.

2. General information within the technical proposal for supply and performance of works/services (Form 1) 3. Schedule of Work/Services Performance (Form 2) 4. Plan for distribution of scopes of the works/services performance between the Bidder and subcontractors (Form

3) 5. Certificate on the List and Scopes of Fulfilling Similar Contracts (Form 4) 6. Certificate on Material and Technical Resources (Form 5) 7. Certificate on Human Resources (Form 6) 8. Profile of the Bidder (Form 7) 9. Information letter on relations of affiliation with the Customer's or Organizer's employees (Form 8) 10. Certificate on Legal Proceedings (Form 9)

Section 2: references, licenses, certificates and other permits:

1. In case such works/services are subject to licensing, copies of licenses for such works/services shall be

attached, and the availability of certified experts shall be confirmed. 2. The Bidders who are not equipment manufacturers that is included into the scope of works/services as the

Contractor's equipment, the letter of the manufacturing plant on its readiness to supply the products to the Customer through this Bidder, dealer agreement or the manufacturer's guarantee letter shall be included into the scope of the proposal. The proposal shall include product compliance certificates and passports.

3. The documents confirming the positive experience with the companies from the electric power industry, if required;

Section 3: financial and legal documents

List of Documents, confirming compliance of the potential Bidder with the established requirements:

1. Articles of Association; 2. Certificate of State Registration; 3. Certificate of making an entry into the Unified State Register; 4. Certificate of tax registration; 5. Balance sheet, profit and loss statement (F-1, F-2) with the mark of the tax agency for two last reporting

years (2010-2011) and as of the last reporting date; 6. Financial performance indicators (form 13); 7. Declaration of the company structure (form 14) 8. Orders on General Director Appointment; 9. Copy of the bank signature card of the Bidder's authorized representatives. 10. The Bidders in arrears on tax payments must give information on the specific amount of the debt in any

available form such as a copy of the certificate on status of tax, duty, penalty fee, fine, interest payment of organization and individual entrepreneur (code of classificatory is 1160080) as of not earlier than 3 month from the date of filing of application on participation in open RFP

Section 4: Occupational Health and Safety documents; environmental protection requirements.

The Company has introduced a Health, Safety and Environment Policy of PJSC Enel Russia as well as a Quality Policy . These Policies are available on the official web site http://enel.ru/about/sustainable_development/health_and_safety/ and are must-know for all Bidders.

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4.1 During the public procurement procedure the Bidder should confirm that it (and its Sub-contractors) has health, safety

and environment management system that meets the requirements of the applicable laws of the Russian Federation. For

that purpose the Bidder shall provide the following documents:

1. Copies of SRO certificates or copies of licenses (in cases stipulated by the RF laws); 2. Copies of the report and certificate of occupational health knowledge assessment passed by the company head; 3. Copies of attestation certificates issued by Rostekhnadzor to managers and specialists depending on the declared

types of works (when performing operations at hazardous production facilities, hydraulic structures or when using hoisting mechanisms);

4. Declaration of Contractor (Sub-contractor) compliance with HSEQ requirements of PJSC Enel Russia in the form prescribed by PJSC Enel Russia (form 15);

5. Copy of the document confirming the “Actual results of special assessment of labor conditions (workplace maps) of the workers declared to work at power plants of PJSC Enel Russia”.

6. Information on the status of occupational injuries, professional illnesses, fires, accidents in the last 3 years (if the organization exists more than 3 years) and in a period of organization existence (if the organization exists less than 3 years).

In case of being selected in the open Request for Proposals, the Bidder shall provide all documents in accordance with the Declaration (form 15, table 1) at start of performing the works in order to have admission to work performance in Enel Russia PJSC PP.

4.2. The Bidder shall provide evidences of his (and his Subcontractors’) compliance with the applicable legislation on environmental protection. For this purpose the Bidder shall submit the following documents:

On a compulsory basis:

Order/Administrative Order on appointment of an employee responsible for environmental issues and for compliance with the environmental legislation, and the employee’s Job Description.

Certificate of training on environmental protection and ecological compliance issued to the employee responsible for environmental issues and for compliance with the environmental legislation.

Certificate of professional training issued to persons admitted to I-IV hazard class waste management

Contract between the Contractor and organization accepting the waste from the Contractor

Copy of license for I-IV hazard class waste disposal of the organization accepting the waste from the Contractor

Delivery and acceptance certificates executed by the organization accepting the waste

Certificates of regular audits of compliance with the emissions limit values for vehicles, tractors, roadway construction equipment

Certificates of conformity/Statements of compliance of materials and equipment (to confirm the compliance of quality of such products with the environmental safety standards)

On a voluntary basis:

ISO 14001:2004 certificate of conformity

Air emissions permit

Pollution permit

Waste disposal limits

Waste management in accordance with Order of Ministry of Natural Resources of the Russian Federation dated 01.09.2011 № 721 “On approval of rules for record-keeping in the area of waste management”

Section 5: other documents of the technical part

Any other materials the Bidder deems necessary to submit to the Organizer.

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In case the Bidder, for any reasons, fails to submit the document required, it shall attach a certificate of optional form explaining absence of the required document and containing assurances for the Organizer that the Bidder meets that requirement. 3.3.2 The requirements as to the Technical Part of the Bidders' proposals who has successfully completed the qualification process on the official Supplier’s portal of the Company “MyHome”

The Bidder who has successfully completed the qualification process on the official Supplier’s portal of the Company “MyHome” (http://globalprocurement.enel.com/ru-RU/ ) to perform the works/services for the relevant merchandizing group shall only provide the following list of documents: Section 1 (A-E); Section 2 (B) Section 4.1 (3-4).

The Bidders who has completed the qualification process on the official Supplier’s portal of the Company “MyHome” (http://globalprocurement.enel.com/ru-RU/ ) to perform the works/services for the merchandizing group not related to performance of works/services of procurement item shall provide the following list of documents: Section 1 (A-H); Section 2 (A-C) Section 4 (3-4).

3.3.3 Alternative Technical Proposals

The Bidder has the opportunity to offer one or several alternative proposals unless otherwise is specified in the Notice. It is important that the functional and operational / organizational and technical parameters and specifications of the proposed by the Bidder Productions as part of an alternative technical proposal must comply with functional and operational / organizational and technical parameters and specifications listed in the Terms of Reference for the products purchased by Customer Alternative technical proposals can be accompanied by the alternative commercial proposals. 3.3.4 Involvement of Subcontractors

The Bidder is entitled to submit the proposal involving subcontractors provided that the overall scope of the works/services performed involving subcontractors does not exceed 30% of the total cost of the Contract. In such a case, only one level of subcontracting is permitted. The Bidder shall provide complete with its proposal the following information on the Subcontractors being involved:

- The Subcontractors' consent to the list, scope, deadlines and cost of the works assigned to such Subcontractor;

- Similar package of documents of section 1 (8-10); section 2; Section 3; Section 4. - The project and subcontractors management structure.

Any company may be a subcontractor to any number of Contractors, and is also entitled to independently participate in the open Request for Proposals.

the proposal shall additionally include the data about distribution of the scope of works/services between the Contractor and subcontractors according to the form established in these documents (form 3). The proposal may be rejected in case it is identified that one or several subcontractors refused performance of the works/services and other subcontractors, from the Organizer's point of view, are unable to independently execute the Contract. 3.3.5 Requirements placed by the Organizer as to the Commercial Part of the proposal

Section 6: commercial proposals and forms are provided in the documentation

- Letter of offer (Form 10) and the offer validity period shall not be less than 90 calendar days after the following day of proposals acceptance termination;

- Summary table of the cost of supply and performance of works/services (Form 11) with justification of the bid price; - Protocol of disagreements to the Contract (Form 12).

Section 7: bid price justification (Word/Excel);

In case the Notice of the Request for Proposals contains the Organizer's requirements as to execution of the cost estimate on the Organizer's form attaching the relevant forms the Bidder shall use the Notices of requirements established by the

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relevant section as to the level of the coefficients and indices used in the cost estimate on the Organizer's form. Other changes in the Organizer's cost sheet forms by the Bidders are not allowed.

In case the Notice of the Request for Proposals does not contain the Organizer's requirements as to execution of the cost estimate on the Organizer's form the Bidder shall prepare justification of cost according to the following requirements: Requirements to the Cost Estimate:

The Bidder shall provide justification of costs in the proposal in accordance with the effective regulatory documentation. The cost estimates shall be executed based on BPA or, with impossibility to use BPA, based on TER, TERm, TERr, TERp, FER, FERm, FERr, FERp with the territorial index (specify the documents). The Bidder shall provide to the cost estimates in XML format (readable by all version of Grand Smeta software) in case the Bidder is awarded with the contract. For the works not included in the above-said price-forming documents, calculations shall be made according to RD 153-34.1-20.607-2002 Guidelines for making cost estimates and calculations for the repair of power generating equipment. The cost of materials and spare parts used for works/services performance shall be itemized according to the nomenclature. Travel and accommodation expenses shall be calculated according to the established rates. The final amount of the travel and accommodation expenses shall be calculated with the Contractor on the basis of the actual expenses. The Customer shall not undertake to provide accommodation for the Contractor’s seconded personnel. The Bidder of the Request for Proposals shall provide, upon the Organizer's request, the price lists or consignment notes for the equipment, spare parts and materials. If the Bidder of the Request for Proposals refuses to provide the Documentation requested the Organizer is entitled to reject the proposals of such Bidders. 3.4. Clarifications and amendments to the Documentation

The Bidders are entitled to refer to the Organizer for clarifications of the Documentation. The requests for clarification of the Documentation shall be made in writing and signed by the company-bidder Director or any other responsible person of the Bidder forwarded by e-mail specified in the Notice to the Organizer or by function of Electronic trading platform in case of procurement execution on the Electronic trading platform. The Organizer of procurement will make efforts to respond within a reasonable time to any question related to the subject of the Request for Proposals received within 3 business days prior to expiration of the term of proposals acceptance. The procurement Organizer shall preserve the right to amend any part of the Documentation under the relevant Request for Proposals (including the Notice with Annexes) at any time at each stage of the Request for Proposals prior to announcement of results (selection of the Contractor/Executor). In case the amendments to the Documentation entail changes in the scopes of works/services performance the Bidders shall have the right to correct their proposal about which they are to be duly notified by the Organizer. 3.5 Selection, comparison and appraisal of Proposals. Negotiations

3.5.1 General provisions

Appraisal and comparison of the technical parts and the commercial parts of the proposals shall be made by the Organizer. After the proposals are received from the Bidders the technical parts of proposals with no prices and terms of payment shall be analyzed and aligned on the part of the Organizer using the criteria specified in the relevant Notice of the open Request for Proposals. 3.5.2 The stage of analysis and alignment of the technical parts of proposals:

At the stage of selection and comparison of the technical parts of the Bidders' proposals the Organizer may conduct negotiations with any Bidder with respect to any provision of the technical part of the Bidder’s proposal aiming at bringing it in compliance with the technical requirements of the Organizer and with the requirements of the Documentation. The Organizer may request the Bidders to provide clarifications or additions to their proposals, including submission of the missing documents. The Bidder must submit the missing materials and/or information within a period reasonably

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necessary to provide the information and/or materials requested. In case of failure to provide the missing information/materials, or unreasonable delay in their submission, the Organizer may reject the proposal of such a Bidder. When checking correctness of the proposals preparation, the Organizer may ignore some small shortcomings and errors, which do not affect the merits of the proposal. Following the results of the comparison and alignment of the technical parts of the Bidders' proposals, the Organizer rejects those proposals, which do not meet the criteria used by the Organizer while comparing technical parts of the proposals. 3.5.3 The stage of the appraisal and comparison of the commercial parts of the proposals:

After the analysis and alignment and the technical parts of proposals is carried out the Organizer shall consider the commercial parts of proposals of the Bidders whose proposals on the technical part were recognized by the Organizer as complying with the requirements. During the appraisal stage the Organizer shall compare the level of preference of commercial proposals based on the commercial terms of the proposal, market feasibility and reliability of cost of materials, spare parts, equipment used and prices for works/services performance, eligibility of protocol of disagreements of the Bidder to the Organizer's Draft Contract

3.5.4 Negotiations

Once the Proposals have been selected, compared and appraised, the Organizer may conduct negotiations with any Bidder with respect to any provision of its Proposal. Negotiations may include one or several stages. The negotiations priority shall be determined by the Organizer. When conducting negotiations, the Organizer will avoid disclosing the content of Proposals obtained, as well as progress and content of negotiations to other Bidders, i.e.:

- any negotiations between the Customer and the Bidder shall be confidential; - neither party of negotiations shall disclose to a third party any technical, price or other market information related

to such negotiations, without consent of the other party

During negotiations the Organizer may propose: - that any Bidder acts as the general contractor and employs any other Bidder or any third party as a Contractor; - that several certain Bidders act as a joint bidder - Any Bidder may reject such a proposal without any consequences and may continue participating in the

procedure on its own. Once negotiations are over, the Organizer may propose to each Bidder, who keeps on participating in this Request for Proposals, to file a final and/or updated proposal instead of the submitted proposal by a certain date (the same for all bidders), or the Organizer shall consider the proposals submitted earlier. The Customer shall select and appraise final proposals under the procedure described above. 3.6 Choice of the Contractor

Upon completion of the procurement procedure the Organizer makes one of the following decisions: a) in case an Offer of one of the Bidders turns out to be better of those of other Bidders from technical and commercial point of view, and this Offer satisfies the requirements of the Organizer in full, the latter will announce such a Bidder as the Winner and it will sign a Contract with the same; the Request for Offers procedure is deemed to be completed at this point; b) in case of multi-lot/itemized procurement the Organizer announces one or several Bidder(s) as the Winner(s) and it signs a Contract(s); the Request for Offers procedure is deemed to be completed at this point; c) in case none of the Offers satisfies the Organizer in full, the latter is entitled to make a decision on additional stages of Request for Offers and amendments to the terms and conditions of Request for Offers; d) in case following the results of the procurement it is planned to sign a framework of open-ended contract the Organizer reserves the right to select more than one Winner within procurement and sign framework or open-ended contracts with the same 3.7 Signing of the Contract

The Contract between the Company and the Successful Bidder shall be signed within 20 days upon notification of the Bidder. If the Contract is not signed after the fixed time due to other than by reason of the Organizer, the outcomes of procurement procedure may be reviewed by the Organizer.

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3.8 Multi-Lot Procurement

The Bidder may file proposal for any lot, any several lots or all lots for its own choice. At the same time, a certain lot shall not be split in parts, i.e. submission of proposal on a part of lot as to separate types or scopes of works/services performance unless otherwise is stipulated in the relevant Notice of the open Request for Proposals In case of submission of proposal on several lots the following rules shall be complied with:

- The letter of offer shall contain specification of number and name of each lot and the amount for each lot. - Technical Proposal, Schedule of works/services performance, Summary table of the cost of supply and

performance of works/services and Payment Schedule shall be prepared separately for each lot with specification of number and name of the lot.

3.9 Additional Requirements to the Contract Execution.

This subsection supplements the requirements to granting of a guarantee of proper performance of obligations under the Contract (if any) and an advance payment guarantee(s), if such payment(s) has(ve) been made. The obligations of Contractors relating to the guarantee of proper performance under the Contract and to the advance payment guarantee return may be provided in the form of:

- bank guarantee - advance. - guarantee withholding

3.9.1 The Guarantees Provided in the Form of a Bank Guarantee:

The Bank Guarantees mentioned herein shall mean the Guarantees complying with the following conditions:

- Choice of the Bank (Guarantor) shall be subject to the Customer’s approval; - the Bank (Guarantor) shall meet the following criteria:

- Guarantor shall be an international bank or a Russian subsidiary bank of an international bank with the credit rating not lower than Russian Federation country rating minus 2 notches (Moody’s, S&P, Fitch) at the time of Guarantee issuance? But in any case not less than investment grade; or

- Guarantor shall be one of the top 10 banks in Russia in terms of equity and assets (e.g. according to the ranking under www.rbc.ru, or any other reliable public sources of information available in Russia) on the date of Guarantee issuance;

- Bank Guarantees shall be irrevocable, unconditional and payable by the Bank on the Customer’s first demand; - Beneficiary’s written demand provided in set form shall be the final evidence not requiring any further evidence or

check that the Principal has failed to perform its obligations under the contract. - As a rule the a Bank Guarantee is issued in paper-based original stationary form of a Guarantor. - If the Guarantee is issued under applicable law which allows the substitution of original paper-based Bank

Guarantee by SWIFT Advising, the Company accepts the Bank Guarantee via SWIFT Advising instead of Guarantor’s original form. The condition that the Parties of the Contract acknowledge the acceptance of a Bank Guarantee by SWIFT advising instead of the original form of Guarantee must be contained by the Contract concluded between the Company and the Contractor.

- Despite the Guarantee applicable rule, there should by indicated in a Guarantee that it is subject to ICC Unified rules for guarantees on demand. Revision 2010. Publication ICC #758.

Once the Guarantor issues a bank guarantee, the Principal shall provide the Contractor under the Contact with the original bank guarantee for its verification. The following documents shall be submitted by the Principal to the Contractor under the Contract:

- Paper-based original of the Guarantee (on the original bank’s letter-head and duly signed the authorized representative of the Guarantor.)

- Original or notarized copy of power of attorney for Guarantor’s representatives’ rights to sign the Guarantee containing their specimen

- Specimen card of Guarantor’s representatives signed by a signature of Guarantor’s representative, signing the bank guarantee and example of a stamp of the Guarantor.

- Original or notarized copy of power of attorney for Principal’s representatives’ rights to sign documents or notarized copies of other documents giving the right to representatives of the Guarantor to sign the act of acceptance of the Guarantee on behalf of the Principal containing their specimen card.

- Signed by a signature of representative and sealed signature card of Principal’s representatives involved in the transfer of a bank guarantee to the Beneficiary and example of a stamp of the Principal

- In case of SWIFT Advising the documents specified in this section are not applicable

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- In case of Guarantee is issued by the foreign bank located outside the Russian Federation and in case the condition of Guarantee issuance through SWIFT advising is not indicated in the agreement, the documents provided in this section of the present procedure can be replaced by SWIFT confirmation

- . In order to perform a reliable verification of the bank guarantee, the process of advising of the bank guarantee is required. This process implies the following: Upon the Principal’s request, the Guarantor sends information (e.g., through the SWIFT system) to the Beneficiary’s servicing bank confirming issue of the guarantee. The Contractor informs the Principal about the necessity of the bank guarantee advising. Then the Principal instructs the Guarantor to advise the guarantee to the Beneficiary’s servicing bank. The Guarantor advises the guarantee to the Beneficiary’s servicing bank. Advance Payment Guarantee

The Contractor shall provide the bank guarantee (Advance Payment Guarantee) amounting to 100% of the advance payment according to the form of the Organizer. For avoidance of any disagreements, with several advance payments made under the terms of payment, the Contractor shall provide the number of advance payments equal to the number of bank guarantees to the amount of the total sum of advance payments. Additional conditions of providing the advance payment the advance payment shall be applicable only in Contracts stipulating that spare parts, materials and equipment

should be ordered from the original manufacturer. advance payment shall be effected only upon receipt of confirmation from the Contractor as to the order placement at

the manufacturer and provision of the relevant bank guarantee. Contract proper performance guarantee

The Contractor shall, as a security for performance of its obligations hereunder, provide the Customer with the Proper Performance Bank Guarantee for the Contractor’s obligations provided hereby, amounting to at least 10% of the Contract price and prepared according to the form of the Organizer. 3.9.2 Guarantees provided in the form of Advance:

Contract proper performance guarantee

As the guarantee of proper performance of its obligations the Contractor shall within 10 (ten) calendar days upon signature of the Contract effect guarantee payment (advance) by remitting the sum of money (not subject to VAT) to the Customer's settlement account to the amount of at least 10 (ten) % of the Contract value. In case the Contractor fails to provide guarantee payment (advance) within certain period the Customer may unilaterally repudiate the Contract. In this case the Contract shall be deemed terminated respectively upon its signature. If the Contractor fails to meet the deadline of works/services performance the funds shall remain at the Customer. In case the Contractor violates the terms and conditions of the Contract on obligations securing and the obligations on performance of works/services the Customer may claim full compensation from the Contractor for the losses incurred. In case of proper performance of the obligations by the Contractor as to the term and quality of performance of works/services the advance shall be returned to the Contractor's settlement account within 10 (ten) calendar days upon acceptance of works/final stage of works. 3.9.3 Guarantees provided in the form of a guarantee withholding:

Contract proper performance guarantee

Fulfillment of obligations by the Contractor under the Contract is ensured by the Company's guarantee withholdings representing a part of payment for the works/services of the Contractor to the amount of at least 10% (Ten percent), including VAT of the sum of payments due to the Contractor under the Contract for a certain stage of the works/services performed, hereinafter referred to as the "Guarantee Withholdings".

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The Company's guarantee withholdings secure proper fulfillment of the obligations hereunder in accordance with Art. 329 of the Civil Code of the Russian Federation. In case of proper fulfillment of its obligations by the Contractor hereunder the guarantee withholdings shall be paid by the Company in full to the Contractor within the period specified by the Contract upon performance and delivery of the entire package of works/services against the Certificate to the Company. The Company’s requirements to the Contractor, connected with non-fulfillment or improper fulfillment of obligations shall be met (fulfilled) at the expense of the guarantee withholdings, inter alia:

- requirement for forfeit payment stipulated by the laws or this Contract; - requirement for reimbursement of expenses for defects elimination, as well as requirement for reimbursement of

other losses of the Company.

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FORMS OF THE TECHNICAL PART OF THE PROPOSAL

Form 1. General information within the technical proposal for supply and performance of works/services

beginning of the form

Name and address of the Bidder: __________________________________ General information within the technical proposal for supply and performance of works/services

№ No.

Customer’s Requirements Bidder’s proposal

1 Availability of licenses and certificates specify all those related to the Contract fulfillment

2 Total work experience specify the number of years

3 Should external organizations get involved, all the necessary documents according to the requirements of this Documentation

please specify the names of subcontractors and list provided documents

4 Availability of the Method of Statement (subject to the Customer's relevant requirement)

Specify provided or not

5 Availability of the labour safety and industrial safety system List documents provided

6 Term for the Contract fulfillment Specify

7 Warranty period (specify):

- for equipment, materials, spare parts At least 24 months

for the works/services At least 24 months

Annex: Scope of work and supply of equipment, materials and spare parts with similar execution of cost sheet, without cost specification.

____________________________________

(signature, L.S.)

____________________________________ (full name of the signee, position)

end of the form

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Form 2. Schedule of works/services performance


Bidder’s name: __________________________________

Schedule of works/services performance

Commencement date: "___" ____________________ Completion date: "___" ____________________

Item No.

Stage name Schedule of performance, in weeks/ months upon signature of the Contract

1 2 3 4 5 6 7 8 …

1.

2.

3.

…

____________________________________

(signature, L.S.)


end of the form

Instructions on Filling In

This Schedule of works/services performance provides estimated terms to perform all types of works within the scope of the Contract, as listed in the Summary Table of the works cost.

To specify the terms, a sign should be put next to each stage/sub-stage, or the corresponding number of columns should be grayed out, e.g.:

Item No.

Stage name Schedule of performance, in weeks upon signature of the Contract

… 7 8 9 10 11 12 13 …

…

3. Work 3

3.1 Work 3.1

3.2 Supply 3.2

3.3 Work 3.3

…

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Form 3. Plan for distribution of scopes of the works/services performance between the Bidder and subcontractors


Bidder’s name: __________________________________

Plan for distribution of scopes of the works/services performance between the Bidder and subcontractors

Item No.

Stage name

Name of the organization that

performs the specified volume of work

% of common cost of proposal

Term of performance (commencement and

completion)

TOTAL 100%

___________________________________ (signature, L.S.)


end of the form


This form shall be filled in only when the proposal is made by the Bidder involving subcontractors In this form the Bidder shall specify: - list of the works/services stages performed by the Contractor and each subcontractor. - % ratio of the work stage for the Bidder and subcontractors - period of stage performed by the Bidder and each subcontractor

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Form 4. Certificate on the List and Scopes of Fulfilling Similar Contracts


Bidder’s name: __________________________

Certificate on the List and Scopes of Fulfilling Similar Contracts

No. Terms for fulfilling (year and month of the

performance start – year and month of the actual or

planned end of performance, for non-

completed Contracts – per cent of fulfillment)

Customer (name, address,

contact person with indication of the position, contact phone numbers)

Contract description (scope and content

of supplies, description of the

Contract main terms)

Contract price,

roubles (excl. VAT)

Information on

reclamations on the

Contracts listed

1.

2.

…

TOTAL for 2011 х

1.

2.

…

TOTAL for 2012 х

1.

2.

…

TOTAL for 2013

____________________________________ (signature, L.S.)


end of the form

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Form 5. Certificate on Material and Technical Resources


Bidder’s name: __________________________

Certificate on Material and Technical Resources

No. Description Location Title or other right (of economic management,

operational management)

Purpose (from the point of view of

fulfilling the Contract)

Condition

1.

2.

3.

…

____________________________________ (signature, L.S.)


end of the form


This certificate lists all the material and technical resources which the Bidder considers the key ones and which it plans to use

in the course of fulfilling the Contract (warehouses, transportation vehicles, means of preserving products during the process

of transportation, means of communication, computer processing of data, etc.).

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Form 6. Certificate on Human Resources


Bidder’s name: __________________________

Certificate on Human Resources

No. Full name of the specialist

Education (what educational establishment graduated from, year of graduation, major)

Position (name of the company of

current employment)

Work experience in this or similar position, years

Key personnel (Head and its Deputies, Chief Accountant...)

1.

2.

3.

Structural subdivision responsible for labour safety

1.

…

(including the specialists on products, procurement managers, sales managers, warranty service managers)

1.

2.

3.

…

1.

2.

3.

…

Personnel would-be involved to carry out works/services (without specification of personal data)

Group of specialists (including the specialists on products, procurement managers, sales managers, warranty service managers)

Manpower, persons

Engineering and technical personnel (positions)

Workers and auxiliary personnel

____________________________________

(signature, L.S.)


end of the form

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Form 7. Profile of the Bidder


Profile of the Bidder

Description Data

1 Company name of the Bidder

2 Number of registration in the data base “my home” of Organizer Suppliers

Number CUI

3 Date and time of registration

4 Founders (specify names and legal forms or names of all founders by percentage)

5 Amount of the charter capital

6 full name of the company head and chief accountant

7 Legal address

7.1 Postal (actual) address

8 Actual location

9 Branches (specify names and actual location)

10 Details (TIN (Taxpayer Identification Number)/KPP (Record Validity Code), PSRN (Principal State Registration Number), OKONH (All-Russia Classifier of Economy Branches)/OKVED (All-Russian Classifier of Types of Economic Activity), name and address of the bank where settlement accounts are open, number of the Bidder's settlement account, etc.)

11 Experience of work with Enel RUSSIA PJSC (indicate month and year)

12 Any arrest, pledge, etc. in relation to the property

13 Going through the procedure of liquidation, reorganization

14 Position, full name of the person responsible for organizing participation in procurement

15 Business cell phone number of the person in charge of participation in procurement

16 Telephone/Fax of the Bidder (specify the area code)

17 Bidder’s email

18 Official web-site of the company

__________________________________________

(head’s signature, printed name, L.S.)

end of the form

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Form 8. Information letter on relations of affiliation with the staff of the Customer or Organizer


Dear Sirs! When reviewing our bid, please take into consideration the following information on the fact that {name of the Bidder} has the

connections that bear traces of affiliation with the persons who {specify these people, for example: founders, employees, etc.}

of the Customer {and/or Organizer of the bidding, or other company that has prepared the design documents, specification

and other documents directly connected with holding this procurement} namely:

1. {full name of the person, his/her place of employment, position; briefly describe why in your opinion the

relations between this person and the Bidder may be deemed as affiliated}

2. ……

____________________________________

(signature, L.S.)


end of the form


The Bidder should fill in the aforementioned informational letter, specifying all the persons who, in its opinion, may be

recognized as affiliated with it. In case the Bidder considers that there are no such persons, the following should be writ ten in

the letter: "When reviewing our proposal, please take into consideration that {the Bidder’s name} has NO connections that

can be recognized as those bearing the traces of affiliation with the persons in any way related to the Customer, Organizer or

other organization which prepared project documents, specification and other documents directly related to holding of this

Request for Proposals".

When writing such letter, the Bidder should take into consideration that an attempt to hide any information on the presence of

relations that bear traces of affiliation between the Bidder and any persons in any way related to the Customer or to other

company, which prepared project documents, specification and other documents directly connected with holding this bidding

can be recognized by the Organizer as a material violation of the rules of this bidding, and hence the proposal of such Bidder

will be rejected.

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Form 9. Certificate on Legal Proceedings


Bidder’s name: __________________________

Certificate on Legal Proceedings

№

No.

Defendant (name, address, contact person with indication of the position,

contact phone numbers)

Plaintiff (name, address, contact person specifying

position, tel.numbers)

Action description Court decision

Notes

____________________________________

(signature, L.S.)


end of the form


The form on the information on legal proceedings shall be filled in for the last 3 years, including all litigations with the Bidder,

no matter whether they, in the Bidder’s opinion, have relation to the Contract subject or not.

If the Bidder did not take part in legal proceedings, the following shall be written in this table: “No participation in legal

proceedings”.

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FORM 13 FINANCIAL PERFORMANCE INDICATORS

B e g i n n i n g o f t h e f o r m

Bidder’s name: __________________________

The data is provided on the basis of balance sheet data and report on Organization profits and losses in order to carry out the technical appraisal in procurement procedure of Enel Russia PJSC:

Subject of procurement _______________________________________________________________

Name of the Organization:

Postal address

Contact person, tel.

Bank details:

Name of the Manager

Document enabling the Manager (Article, Power of attorney)

Financial data of accounting statements

(to be completed on the basis of balance sheet data and report on profits and losses.)

Row code

In the year preceding the

previous

In the year preceding the

previous

For the preceding

year

In the period under review (12/9/6 month

s.)

2012 2013 2014 2015

Balance sheet

Current assets

Cash resources 1250

Financial investments 1230

Accounts receivable 1230

Inventory 1210

Input VAT 1220

Other current assets 1260

Total current assets 1200 0 0 0 0

Total separated non-current assets 1100

Total balance 1600 0 0 0 0

Short-term liabilities

accounts payable (income of future periods) 1520

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Borrowed resources 1510

Income of future periods 1530

Estimated liabilities 1540

Other liabilities 1550

Total current liabilities 1500 0 0 0 0

Long-term liabilities Total 1400

Authorized capital 1310

Undistributed profit 1370

Other reserves 1320-1360

Total capital and reserves 1300 0 0 0 0

Total balance 1700 0 0 0 0

Report on profits and losses

Profit(incomes) 2110

Self-cost 2120

Gross profit 2100 0 0 0 0

Commercial expenses 2210 0

Management expenses 2220 0

Profit on sales 2200 0 0 0 0

Outstanding interest 2330

Profit before tax 2300 0 0 0 0

Profit tax 2410

Net profit (loss) 2400 0 0 0 0

____________________________________

(signature, L.S.)


E n d o f t h e f o r m

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FORM 14 STATEMENT OF LEGAL ENTITY’S STRUCTURE

B e g i n n i n g o f t h e f o r m

STATEMENT OF LEGAL ENTITY’S STRUCTURE

Legal entity ……………………………………………………………………………………………….……………

represented by its authorized representative ..…………………………………………………………….

being aware that:

• PJSC “Enel Russia” has accepted the Code of Ethics, rule prohibiting corruption and Compliance Program pursuant to Italian

Legislative Decree 231 (available for examination at www.enel.ru) for implementation;

• these documents impose obligations and liability of PJSC “Enel Russia” with respect to the rules of business conduct and

maintenance of reliability, fairness and transparency in the company’s work;

• objective of PJSC “Enel Russia” is to ensure ultimate accuracy, transparency and traceability of all procurement procedures;

CONFIRMS HEREBY

that, based on analysis of structure of the Company, managing companies, as well as on any other data, the Company:

1. has / has no (1) persons, acting in the capacity of chief executive officers (Directors, Advisors, Heads of Administrative

Departments) of PJSC “Enel Russia”, and/or employed by PJSC “Enel Russia” (including their close relatives or relatives of

second civil degree), whose position at the Company may cause a potential conflict of interest;

2. has / has no (1) right to use or secure voting shares or to manage subsidiaries of PJSC “Enel Russia”.

The undersigned representative of the legal entity states hereby that this statement is made as provided by applicable data

protection laws in effect, based on internal inspections, tracing the ownership of shares, and that the Company assumes

hereby an obligation to notify PJSC “Enel Russia” promptly of any changes in information stated herein.

In addition, it is acknowledged hereby that PJSC “Enel Russia” shall have the right to request confirmation of information

stated herein from the Company at any time, and the Company shall make available all documents so requested.

Sincerely yours,

Date, (Signature and printed name)

As provided by personal data protection laws in effect, PJSC “Enel Russia” informs hereby that the data produced shall be

examined only within the scope of supplier selection and qualification procedure, in order to ensure clarity and transparency

thereof, as well as to avoid possible conflict of interest, in compliance with the provisions of the Code of Ethics and Articles of

Incorporation of the Company. Each Applicant shall enjoy its right to access its own data, i.e. to correct, merge, cancel (either

in full or in part) or block the information, having notified PJSC “Enel Russia” thereof. Having read and understood all the

above, the undersigned representative of the abovementioned Company agrees hereby that its personal data will be stored

and used for abovementioned purposes.

(Signature and printed name)

(1) strike out whichever does not apply. Please complete Annex A to Statement of Legal Entity’s Structure, should any of

situations, mentioned in subsections 1 and 2, take place. PJSC “Enel Russia” will verify this statement as required.

Annex A to Statement of Legal Entity Structure

Legal entity ………………………………………………………………………………………………………………….…………,

represented by its authorized representative……………………….…………………………………………………,

declares hereby that following the inspection of the structure of the Company, its managing companies, as well as based on

any other available data, the following information may be submitted:

1. Full name ………..………………………………….……….…………………………………………

Place of birth ……………………….. date of birth …………………………… TIN………………,

domiciled at. ……….………………………………………………………..……, acting in the capacity of:

o Director General of ……….. company, being the part of PJSC “Enel RUSSIA”

o Member of the Board of Directors of …..... company, being the part of PJSC “Enel Russia”

o Head of Department (specify) of …….. company, being the part of PJSC “Enel Russia”

http://www.enel.ru/

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o an employee (specify post) of ….. company, being the part of PJSC “Enel Russia”

o close relative/relative of second civil degree: full name …………. ………… company …………………, being the part of PJSC

“Enel RUSSIA”..…………… level........…….

2. Rights to voting shares are owned by:

Full name ………..…………………………………. ……………………………………………………………..

Place of birth ……………………….. date of birth ……………………………TIN……………….

Domiciled at ……….………………………………………………………..……

3. Rights to voting stock options are owned by:

Full name ………..…………………………………. ……………………………………………………………..

Place of birth ……………………….. date of birth ……………………………TIN……………….

Domiciled at ……….………………………………………………………..……

4. PJSC “Enel Russia” subsidiary is managed by:

………………………….…… company, where full name……..………………………………….

place of birth ……………………….. date of birth …………………………… TIN……………….

domiciled at. …….……………………………………………………… acts in the capacity of:

• Director General of ……………… company, being the part of PJSC “Enel Russia”

• Member of the Board of Directors of ……..….... company, being the part of PJSC “Enel Russia”

• Head of Department (specify) of …… company, being the part of PJSC “Enel Russia”

• close relative/relative of second civil degree: full name …………. ………… company ………………, being the part

of PJSC “Enel Russia”..…………… level........…….

The undersigned representative of the legal entity states hereby that this statement is made as provided by applicable data

protection laws in effect, based on internal inspections, tracing the ownership of shares, and the Company assumes an

obligation to notify PJSC “Enel Russia” promptly of any changes in information stated herein.

In addition, it is acknowledged hereby that PJSC “Enel Russia” shall have the right to request confirmation of information

stated herein from the Company at any time, and the Company shall make available all documents so requested.

Sincerely yours,

Date, (Signature and printed name)

E n d o f t h e f o r m

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FORM 15 Declaration of Contractor (Sub-contractor) Compliance with HSE Requirements of PJSC Enel Russia

B e g i n n i n g o f t h e f o r m On the Company letterhead

DECLARATION OF CONTRACTOR (SUB-CONTRACTOR) COMPLIANCE

with HSE Requirements of PJSC Enel Russia.

Date: _________

Legal entity ……….. TIN No. (hereinafter - the Company)

Represented by its authorized representative ………….…

(full name of Director General)

Has been informed that:

PJSC Enel Russia applies regulations No.0057-OP-HSE Cooperation with Contractors under the Environment, Occupational Health and Safety Management System (available at www.enel.ru);

this document imposes obligations and liability on the Contractor in the course of business and ensuring reliability, integrity and transparency of Company's activities;

the aim pursued by PJSC Enel Russia is to guarantee maximum correctness, transparency and traceability of all procurement procedures and further performance of contractual obligations by the Process Participants;

AND HEREBY CONFIRMS THAT

1. By signing this Declaration, it realizes that failure to meet provisions of this Declaration during contract performance will result in contractual liability of the Contractor as a result of failure to fulfil the main provisions of the contract.

2. If ………….… is selected in the procurement procedure for

______________________________________________________ and awarded a contract with PJSC Enel Russia, the

Contractor undertakes to provide PJSC Enel Russia (represented by an authorized representative of PJSC Enel Russia

responsible for the execution of the Contract) with documents that are mandatory for the Contractor to have access to the

Client’s territory in accordance with the Form filled in by the Company attached to the present Declaration, at least 5

working days before the start of the works/services on the Client’s premises and for hazardous activities – at least 10

working days before the start of the works/services on the Client’s territory.

3. Below is a questionnaire with a list of documents to be presented from the general List of Documents (table No.1)

depending on contractual works type.

(When filling out the Questionnaire please specify Yes/No depending on the type of works.)

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QUESTIONNAIRE

(Below are the numbers of documents from the List (Table No.1) that the Contractor confirms

to provide within the period and under conditions set forth in this Declaration)

Ite

m

No.

Types of works under the construction

agreement.

Item No. from the List

(Table No.1) of documents to be present

prior to works commencement.

I confirm to provide

Yes/ No

Minimum mandatory list of documents for

works not related to items 1-12 of this list

of types of works

1, 3, 5, 7, 12, 14, 16, 18, 23, 24, 26

1 Working at height 10, 11, 13, 17, 19, 20, 21

2 Works in confined space 13, 17, 19, 20, 21

3 Works involving use of hoisting equipment 2, 6, 8, 13, 15, 17, 19, 20, 21, 22, 25

4 Works involving use of gas- and electrical

welding equipment

6, 9, 13, 15, 17, 19, 20, 21

5 Works involving use of electrical tools 6, 13, 17, 19, 20, 21

6 Works involving use of trucks. 13, 17, 19, 20, 21

7 Works involving use of special construction

machinery

13, 17, 19, 20, 21

8 Works involving use of gages. 13, 17, 19, 20, 21

9 Works involving handling operations. 4, 13, 17, 19, 20, 21

10 Works involving use of mobile equipment

(compressors, monitors, blasting equipment,

painting equipment, etc.)

13, 17, 19, 20, 21

11 Works involving use of pressure vessels

(receivers, etc.)

2, 9, 13, 15, 17, 19, 20, 21, 22, 25

12 Works in electrical installations. 6, 13, 17, 19, 20, 21

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Table №1

The list of documents to be submitted by the Contractor before starting the activities in order to receive an access for

execution of works at the power plant of PJSC Enel Russia.

1. The Orders related to appointment of H&S responsible person in the Company as well as H&S responsible person

during execution of works on sites of Enel Russia power plants (Labor Code of the Russian Federation № 197-ФЗ

dd. 30.12.2001).

2. The Order related to appointment of responsible person for production control over compliance with the industrial

requirements in the Company (in case the Company has hazardous industrial facilities or devices subject to

supervision of RF RTN) (Federal Law dd. 21.07.1997 № 116-ФЗ “About Industrial Safety of Hazardous Industrial

Facilities”).

3. The Order(s) related to appointment of H&S responsible person(s) during operation of machinery and equipment

on site (Sanitary Norms and Rules 12-03-2001 “Labor Safety. Part 1. General Requirements”. Resolution of the

Russian State Committee for Construction dd. 23.07.2001 №80).

4. The Order related to appointment of responsible person for arrangement of loading-unloading activities on site

(Safety Rules for Loading and Unloading Activities and Cargos Manipulation approved by the Labor Ministry dd.

17.09.14 года № 642н).

5. The Order related to arrangement of H&S training and knowledge assessment, the Order related to establishment

of the Permanent Examination Board (Resolution of the Ministry of Labor and Social Development of the Russian

Federation and the Ministry of Education of the Russian Federation dd. 13.01.2003 №1/29 “About Approval of

Procedure for H&S Training and Safety Requirements Knowledge Assessment of Company’s Employees”).

6. The Order related to appointment of responsible person for electrical facilities and ensuring of electrical safety on

site (Rules of Technical Operation of Electric Equipment approved by the Ministry of Energy of the Russian

Federation dd. 13.01.2003 № 6).

7. The Order related to appointment of responsible person for fire safety on site (Fire Safety Rules in the Russian

Federation dd. 25.04.12 г. № 390).

8. The Order related to appointment of responsible specialist for safe execution of works using hoisting devices on

site (Federal Norms and Rules “Safety Rules of Hazardous Industrial Facilities with Use of Hoisting Devices", the

Order of RTN № 533 dd. 12.11.13 № 533).

9. The Order related to appointment of responsible people for good conditions and safe operation of pressure

equipment on site (Federal Norms and Rules “Safety Rules of Hazardous Industrial Facilities with Use of

Overpressure Equipment", the Order of RTN dd. 25.03.14 № 116).

10. The Order related to appointment of responsible person for arrangement and safe execution of works at height

(Safety Rules for Works at Height”, approved by the Order of the Ministry of Labor of the Russian Federation dd.

28.03.14 N 155н)

11. The Order related to appointment of people entitled to issue Work Permit for works at height (Safety Rules for

Works at Height”, approved by the Ministry of Labor of the Russian Federation dd. 28.03.14 N 155н)

12. The list of PPEs, equipment, devices, tools to be used on site (their type, model). The Order related to appointment

of responsible workers for keeping tools in good conditions. The documents that confirm tools calibration, results of

tests, of expert review, of inspection (Safety Rules when Using Tools and Devices, approved by the Ministry of

Labor and Social Protection of the Russian Federation dd. 17.08.15. N 552н)

13. The list of machinery and mechanisms used on site (Sanitary Norms and Rules 12-03-2001 “Labor Safety in

Construction. Part 1. General Requirements”. Resolution of the State Committee for Construction dd. 23.07.2001

№80).

14. The list of H&S working manuals divided by professions and single types of work, related to fire safety, first aid in

case of accident, industrial instructions for workers who deal with the equipment under RTN control (“Labor Code of

the Russian Federation” № 197-ФЗ dd. 30.12.2001, Fire Safety Rules in the Russian Federation, Federal Law №

116 – ФЗ dd. 20.06.1997г. “About Industrial Safety of Hazardous Industrial Facilities»). Acknowledgement sheets

shall be submitted on a selective basis, upon Client’s request.

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15. The list of Job Descriptions of responsible people appointed according to the RTN Safety Rules (Federal Law №

116 – ФЗ dd. 20.06.1997 “About Industrial Safety of Hazardous Industrial Facilities”). Acknowledgement sheets

shall be submitted on a selective basis, upon Client’s request.

16. The Register of obligatory Logs on site.

17. Copies of existing protocols of special safety requirements, fire safety rules, industrial safety knowledge

assessment of managers and specialists, of managers, specialists and workers involved in works on site.

18. Certificates on safety norms and rules knowledge assessment of managers, specialists and workers involved in

works on site.

19. Protocols of electric equipment measurements and tests (mobile amenity rooms (so-called temporary cabins),

welding devices, cranes with electric drive, electric tools, lamps, switch boards and others).

20. Testing acts and protocols for machinery, mechanisms, equipment, PPEs, tools, manometers, technical inspection

reports for vehicles special mechiney and construction machinery.

21. Passports for machinery, mechanisms, equipment, PPEs, tools as well as the documents confirming their good

conditions.

22. Schedule of periodic control of safety conditions on site, and if the Contractor has any devices under RTN control

on Client’s site, the schedule of safety checks on site (Safety Rules in Construction, approved by the Order of

Ministry of Labor and Social Protection of the Russian Federation dd. 1.06.15 № 336н)

23. Technological cards, Method Statements, Method Statements for cranes, Safe Works Execution Plan.

24. Copy of the final medical certificate for medical examination of the Contractor’s employees involved in execution of

works under the Contract or certificate of preliminary medical examination if the time for periodical medical

examination hasn’t come yet (the Order of Healthcare and Social Development Ministry of the Russian Federation

dd. 12.04.11.№ 302н)

25. Copies of protocols and knowledge assessment certificates of Certification Commission members of the Contractor

(Resolution on preparation and certification of specialists of companies subject to control of the Federal Service of

Environmental, Technological and Nuclear Supervision”, approved by the Order of RTN dd. 29.01.2007 № 37).

26. The Order related to appointment of responsible person for environmental safety during works execution” (Federal

Law dd. 10.01.2002 №7-ФЗ “About Environmental Protection”).

4. The undersigned hereby, on behalf of legal entity, declares that this Declaration was drawn up in conformity with the law of

the Russian Federation on protection of information, personal data based on internal audits.

Moreover, it’s confirmed that PJSC Enel Russia has the right to request from the Company, at any time, the confirmation of

information contained in this Declaration, and the Company commits to submit all necessary documents.

Contractor’s representative responsible for the provision of documents : Full name, tel., E-mail

General Director of the Company «………………….» full name /Signature /

М.П.

THE END OF TEMPLATE

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FORMS OF THE COMMERCIAL PART OF THE PROPOSAL

Form 10. Letter of offer


"_____" _______________ №________________________

Dear Sirs! Having studied the Notice on holding of open Request for Proposals and the relevant Documentation, and fully accepting the requirements established therein, as well as the terms and conditions of the open Request for Proposals, including the established claim procedure, ______________________________________________________________________________,

(full name of the Bidder, with specification of its legal form)

with the registered address at ______________________________________________________________________________,

(legal address of the Bidder)

proposes to perform: ______________________________________________________________________________

(short description of the procurement item)

under the terms and pursuant to the Annexes to this letter and composing the Commercial Proposal together with this letter

This Commercial Proposal shall be appended with the following documents, including integral attachments: 1. Summary table of the cost of supply and performance of works/services with justification of the bid price; 3. Protocol of disagreements to the Contract ____________________________________ (signature, L.S.)


end of the form

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Form 11. Summary table of the cost of supply and performance of works/services


Bidder’s name: __________________________

Summary table of the cost of supply and performance of works/services

Table 1. Commercial proposal for works/services performance

LOT : ___________________________________________[description of the work]

Item No.

Name of expenses item Cost excluding VAT, RUR

1 Cost of works/services

2 Cost of materials, equipment, spare parts

3 Transport expenses

4 Travel expenses

5 Development of design

… …Other expenses (in detail)

TOTAL (1+2+…+5+...):

Annexes: Cost estimates (according to the form of the Organizer) Important: The Bidder shall fill in the fields in Cost Estimates in yellow. Other changes in the Organizer's cost sheet forms

are not allowed.

Table 2. Payment terms

Item No.


1 Payment for the performed stages of the work shall be effected by the Customer through remitting the money to the Contractor’s settlement account not later than on the 2nd business day upon expiration of 3 calendar months after the end of the month, in which the documents were presented, confirming performance of works, duly signed by both Parties and the originals of VAT invoices.

Table 3. Guarantee for obligations

Item No.


1 Guarantee for proper fulfillment of contractual obligations (10%) Specify one of the forms of guarantee (Bank guarantee, advance, withholding)

------------------------------------------- (signature, L.S) -------------------------------------------full name of the signee, position)

end of the form

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Form 12. Protocol of disagreements to the Draft Contract


Name and address of the Bidder: ____________________________

Protocol of disagreements to the Draft Contract

"Mandatory" Terms of the Contract

Item No.

No. of the paragraph in the Contract Draft

Original wordings Proposals of the Bidder of the open Request for Proposals

Notes, justification

1.

2.

3.

…

"Advisable" Terms of the Contract

Item No.

No. of the paragraph in the Contract Draft

Original wordings Proposals of the Bidder of the open Request for Proposals

Notes, justification

1.

2.

3.

…

___________________________________ (signature, L.S.)


end of the form


This form is filled in both if the Bidder of the open Request for Proposals has claims or proposals on amending the Draft Contract, and if it has no claims or recommendations; in the latter case, the following words are written in the tables, "We agree with the proposed Draft Contract"; Should the Bidder have any proposals on amending the Draft Contract, the Bidder shall present the said protocol of disagreements within its proposal. In the prepared protocol of disagreements, the Bidder shall clearly separate the mandatory and advisable terms of the Contract. “Mandatory” ones are those proposals and terms, which will lead to the Bidder’s refusal to sign the Contract, if they are not accepted. "Advisable" are those proposals on the Contract terms which it proposes for review of the Organizer of the bidding, but a rejection of which will not lead to the Bidder’s open Request for Proposals refusal to sign the Contract in case it will be recognized as the Successful Bidder by the Contractor. The Bidder shall take into consideration the following:

should any mandatory Contractual proposals and terms put forward by the Bidder be unacceptable for the Organizer of Bidding, such proposal shall be rejected irrespective of the content of the technical and commercial conditions;

the protocol of disagreements provided by the Bidder on the Draft Contract prepared by the Customer do not deprive the Bidder of the open Request for Proposals or the Organizer of the right to review these terms and to change them in the process of pre-contractual negotiations for the purpose of attaining an agreement in relation to amending these terms.

Documentation of the open Request for Proposals on ... · FORM 15 Declaration of Contractor...

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