Bekanntmachung
Auction Procedure for the Purchase of Hydrogen - Global Lot (GL) HINT-2025-0005
| Contracting party and service provider | |
| Buyer | Official name: Hintco NG GmbH Identification number: HRB 189129 (AG Hamburg) Internet adress (URL): https://www.hintco.eu/ Postal address: Trostbrücke 1 Postcode / Town: 20457 Hamburg NUTS-3-Code: DE600 Country: Germany Contact point: PTG Consulting AG, Mergentheimer Straße 76a, 97082 Würzburg E-mail: info@hintco.eu Telephone: +494036197500 Type of contracting authority: Beneficiaries, unless otherwise applicable Main activities of the contracting authority: Environmental protection |
| Leading member: Yes Central purchasing body awarding public contracts or concluding framework agreements for works, supplies or services intended for other buyers: No Central purchasing body acquiring supplies and/or services intended for other buyers: No |
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| Procedure | |
| Purpose | |
| Legal basis | Directive 2014/24/EU |
| Description | Internal identifier: HINT-2025-0005 Title: Auction Procedure for the Purchase of Hydrogen - Global Lot (GL) Description: This auction procedure is part of the H2Global mechanism, an instrument for competition-based support of the market ramp-up of renewable hydrogen. Nature of the contract: Supplies |
| Scope of the procurement | Estimated value excluding VAT (in Euro): 567,949,995.00 EUR |
| Main classification (CPV code) | |
| CPV Code Main Body: 24111600-1 | |
| Place where the procurement for the entire procedure is to take place | Other restrictions at the place of performance: Anywhere in the European Economic Area |
| Tendering terms | |
| Basis for the exclusion | Procurement documents Notice |
| Exclusion grounds |
Reason: Proceedings comparable to insolvency Description: All grounds for exclusion specified in the aution documents pursuant to Sections 123, 124 and 126 of the German Act against Restraints of Competition (GWB) apply. Candidates must declare that no grounds for exclusion apply. Reason: Corruptibility, granting of advantages and bribery Description: see above Reason: Participation in a criminal organisation Description: see above Reason: Restrictive agreements Description: see above Reason: Breaching of obligations in the fields of environmental law Description: see above Reason: Money laundering or terrorist financing Description: see above Reason: Fraud or subsidy fraud Description: see above Reason: Child labour and other forms of trafficking in human beings Description: see above Reason: Insolvency Description: see above Reason: Breaching of obligations in the fields of labour law Description: see above Reason: Insolvency Description: see above Reason: Deception or undue interference with the procurement procedure Description: see above Reason: Conflict of interest Description: see above Reason: Distortion of competition due to prior version Description: see above Reason: Grave misconduct Description: see above Reason: Poor performance of a previous public contract Description: see above Reason: Violations of social obligations Description: see above Reason: Violations of obligations to pay social security contributions Description: see above Reason: Business activities are suspended Description: see above Reason: Violations of obligations to pay taxes or dutie Description: see above Reason: Formation of terrorist organisations Description: see above Reason: Purely national reasons for exclusion Description: see above |
| Cross-border legislation | |
| Details of the type of procedure | |
| Type of procedure | Type of procedure: Negotiated procedure with participation competition |
| Additional information | Additional information: - BT-105: Type of procedure: Hintco notes that it is not a contracting authority within the meaning of Sections 98 et seq. of the German Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB) and therefore the scope of application laid down in Part 4 GWB and the German Regulation on the Award of Public Contracts (Verordnung über die Vergabe öffentlicher Aufträge, VgV) is not applicable. The auction procedure is oriented to the provisions laid down in Part 4 GWB and the VgV to award an HPA. Especially, Hintco strictly follows the principles of non-discrimination and transparency to ensure the highest possible level of competition. However, Hintco exercises its right to freely structure the auction procedure and makes decisions that deviate from Part 4 GWB and the VgV. === - BT-50: Minimum number of applicants to be invited to the second phase of the procedure: This contract notice refers to a minimum of three (3) candidates for the second phase, due to technical constraints (schematron validation). Otherwise, it would not have been possible to publish the contract notice. However, the auction procedure will proceed even if only one (1) candidate is deemed eligible. Therefore, the minimum number of candidates for the second phase of the procedure is one candidate. === - BT-54: Extentions and options: After consultation with the funding authority, Hintco might purchase optional delivery quantities using proceeds from the Hydrogen Sale Auctions. However, this decision is expressly subject to the funding authority's discretion. === - BT-27: Estimated Value (without VAT): The Global Lot has 63 million per year available from 2028 to 2036. Budget timing and availability for the Global Lot currently remain subject to legislative decisions and may change. On 18 September 2025, the German federal budget for 2025 was adopted by the federal parliament (Bundestag). It foresees additional funds available for 2037. The German Government’s draft 2026 budget law (now in parliamentary process, currently expected to conclude late December 2025) currently provides for a four-year deferral of German funds from 2028 to 2032 onward. Dutch funding is currently unaffected and expected to be available from 2028; bidders should indicate notably in their 'Request to Participate' when delivery of the Netherlands-allocated hydrogen is planned to start. Hintco will evaluate this non-binding information on the start of delivery and inform the Dutch government in order to defer the funds accordingly. Such a shift is very common in Dutch practice; however, like any budgetary shift remains subject to parliamentary approval. Additional or modified funding does not automatically translate into availability for the Global Lot. Hintco reserves sole discretion to determine how any new or changed funding is integrated into the Global Lot auction procedure. === - Anonymised Market Data: Information from the Request to Participate or bid may be published as aggregated, anonymised market data. === - BT-821 Eligibility Criteria: Eligibility is assessed on the basis of the eligibility criteria listed below. If the minimum requirements of the eligibility criteria are not met, this will result in the mandatory exclusion. Minimum requirements are explicitly labeled as such. They include: Qualification and Authorisation to Pursue the Professional Activity, Economic and Financial Capacity, Technical and Professional Ability & Electric Input Capacity of at least 5 MW. === - BT-540: Description Award Criteria: For reasons of transparency, it is expressly stated that the respective sum and scoring formula for the award criteria 1 and 2, as it is stipulated in the auction documents cannot be displayed due to technical limitations of the contract notice system (summation operator, fraction). Therefore, a logically and mathematically equivalent version has been displayed in this contract notice to present it. === - BT-769: Surcharge on the first offer: Candidates may participate under certain conditions with multiple projects and therefore submit multiple requests to participate (see Section 1 lit. d Conditions of Participation). === - BT-727: Place of performance: In contrast to BT-727 (Place of performance), delivery has to take place in either Germany or the Netherlands. This cannot be displayed due to technical constraints. === BT 24: Description of the tender: Due to a technical character restriction, the following text is displayed here. The bidder is required to include the Price and Quantity Sheet with the bid, indicating the quantities and prices offered. The Price and Quantity Sheet differentiates between deliveries to Germany and to the Netherlands. The bidder may offer different quantities for Germany and the Netherlands. For each country of delivery, a separate HPA will be concluded with the Seller. Please note that the current Price and Quantity Sheet is a preliminary version. An updated version of the Price and Quantity Sheet may be required, especially in light of changes of the funding framework (see Section 2 'Performance Specifications’). The final version of the Price and Quantity Sheet will be provided alongside the final version of the HPA once the negotiation process is complete. |
| Procurement information (general) | |
| Tendering process | |
| Previous notice on this procedure (prior information, ...) | Identifier of the previous notice: 116322-2025 |
| Conditions of the auction | An electronic auction is conducted: No |
| Procurement procedures | Framework agreement: No framework agreement |
| Information on the dynamic purchasing system: Not applicable |
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| Tendering terms | |
| Source of selection criteria |
Notice |
| Selection criteria | Eintragung in das Handelsregister Description: Qualification and Authorisation to Pursue the Professional Activity: Qualification and Authorisation to Pursue the Professional Activity shall first be met by providing a Registration in the Professional or Trade Register and a declaration of the absence of grounds for exclusion pursuant to 123 and 124 GWB. Proof of registration in the professional or trade register in accordance with the legal provisions of the State in which the candidate is established. In the event of non-registration: Proof of authorised professional activity by other means or a self-declaration as to why proof cannot be provided. The proof must not be older than 12 months at the time of the deadline for submitting requests to participate. In the case of a consortium of candidates, proof must be provided individually for each member of the consortium. The candidates shall submit a self-declaration on the grounds for exclusion pursuant to Sections 123, 124 of the German Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB). The self-declaration is part of the 'Request to Participate’. In the event of failure to submit the selfdeclaration (i.e. the existence of a ground for exclusion), the following must be set out in a document prepared by the candidate (self-declaration to be prepared by the candidate): - the circumstances leading to the existence of the grounds for exclusion pursuant to Sections 123, 124 GWB (type of misconduct, time of the misconduct and the damage caused by the misconduct) - remedial actions taken in accordance with Section 126 GWB In addition, the candidate must provide a declaration that there are no additional grounds for exclusion beyond the misconduct outlined. In the case of a consortium of candidates, the self-declaration must be provided by the authorised representative of the consortium, stating that none of the consortium members have compulsory or discretionary grounds for exclusion. === Self-Declaration on EU-Sanctions against Russia: The candidate does not belong to the persons or companies referred to in Article 5(k)(1) of Council Regulation (EU) 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, as amended by Article 1 no. 23 of Council Regulation (EU) 2022/576 of 8 April 2022, Art. 1 no. 12 of Council Regulation (EU) 2022/879 of 3 June 2022 and Art. 1 no. 15 of Council Regulation (EU) 2022/1269 of 21 July 2022 which have a connection to Russia within the meaning of the provision, a) through the candidate’s/consortium member’s Russian nationality or the candidate’s/consortium member’s establishment in Russia, b) through the involvement of a natural person or an undertaking to whom one of the criteria under point (a) applies, in the candidate/consortium member by owning an indirect or direct proprietary right amounting to more than 50%, c) through the candidate/consortium member acting on behalf of or at the direction of persons or undertakings to whom the criteria in points (a) and/or (b) apply. 2. The undertakings involved in the contract as subcontractors, suppliers or companies whose capacities are utilised in connection with providing the proof of eligibility, and which account for more than 10% of the contract value, also do not belong to the group of persons mentioned in the Regulation who have a connection to Russia within the meaning of the provision. 3. It is confirmed and guaranteed that, even during the contracting term, no subcontractors, suppliers or companies whose capacities are utilised in connection with providing the proof of eligibility, and on which more than 10% of the contract value depends, will be engaged. === Self-Declaration on General Funding Requirements: The H2Global mechanism is based on a subsidy granted by the German Federal Ministry of Economic Affairs and Climate Action ('Zuwendungsbescheid H2Global’, engl.: 'Grant Decision’). Therefore, neither the individual candidate nor, if applicable, any member of the consortium of candidates must have any legal or factual circumstances that contradict the general funding requirements of the Grant Decision. The candidate declares, that, without the funding from the H2Global mechanism, the construction of the production facility(ies) for the manufacturing of hydrogen and the derivatives covered by the contract as well as their operation during the term of the contract, would not be realised, - that neither the candidate nor, if applicable, a member of the consortium of candidates is an 'undertaking in difficulty’ within the meaning of point 20 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ. EU 2014/C 249/01) and Article 2 no. 18 of the General Block Exemption Regulation (Regulation (EU) No 651/2014), - that the candidate will immediately inform Hintco, if the candidate or, if applicable, a member of the consortium of candidates, files an application to the court for a declaration of bankruptcy, - that neither the candidate nor, if applicable, a member of the consortium of candidates is subject to any recovery order resulting from an earlier decision by the European Commission establishing the unlawfulness of aid and its incompatibility with the internal market, which has not been fully complied with within the required timeframe, - that the project will not receive any other state aid from the EU or third countries to cover the same costs that will be funded by the H2Global mechanism. - that neither the candidate nor, if applicable, a member of the consortium of candidates has taken the final investment decision for the project before submitting the request to participate. === Self-Declaration on the Anonymised Publication of Project Information The candidate consents to the publication by Hintco and the H2Global Foundation of the information from my 'Request to Participate’ and my bid as aggregated and anonymised market data. The criteria will be used to select the candidates to be invited to the second phase of the procedure: YES Andere wirtschaftliche oder finanzielle Anforderungen Description: Rating: The candidate shall submit a selfdeclaration regarding an existing rating using the designated fields in the 'Request to Participate’. The rating must be from one of the following rating agencies: - Creditreform - Moody’s - Standard & Poor’s - Fitch === - Candidates may provide the rating of another rating agency. In this case, the candidate must demonstrate that the rating meets the requirements of one of the ratings listed above. - At Hintco’s request, the candidate or in the case of a consortium of candidates, the authorised representative of the consortium, shall provide a document of the rating agency that proves the rating. - In the case of a consortium of candidates, only one individual member who is liable for the consortium is required to submit proof of the corresponding rating. - Under additional requirements the rating can be provided by a third part company that is neither the candidate nor the member of the consortium of candidates (see Section 3 lit. h of the 'Conditions of Participation’). The criteria will be used to select the candidates to be invited to the second phase of the procedure: YES Finanzkennzahlen Description: Equity Ratio and Turnover: The candidate shall submit a selfdeclaration of its equity ratio and its turnover for the last three audited financial years in accordance with the accounting regulations applicable to the candidate. Candidates who have not yet been active for three audited financial years are required to submit a selfdeclaration for the period since their establishment. Please note: At Hintco’s request, the candidate or in the case of a consortium of candidates, the authorised representative of the consortium, shall provide proof through confirmation by an auditor, sworn auditor, tax consultant, tax agent, specialist lawyer for tax law, an auditing firm, accounting firm or professional practice under the StBerG (Tax Advisory Act) or a credit institution that the following information is accurate. In the case of consortia of candidates, only one individual member who is liable for the consortium is required to submit proof of the corresponding equity ratio. Under additional requirements the rating can be provided by a third party company that is neither the candidate nor the member of the consortium of candidates (see Section 3 lit. h of the 'Conditions of Participation’). The criteria will be used to select the candidates to be invited to the second phase of the procedure: YES Andere wirtschaftliche oder finanzielle Anforderungen Description: Bid Bond and Contract Fees: The candidates should indicate in the 'Request to Participate’ whether they wish to submit a bid bond. If this is the case, the candidates shall submit a bid bond during extended validation (see Section 5 lit. c of the 'Conditions for the Bidding Phase’). The bid bond does not have to be submitted with the request to participate or with the bid. Hintco will provide a Form for the bid bond during the auction procedure. The Form for the bid bond must be used to submit the bid bond during extended validation. It contains the following terms and conditions: Hintco shall be the beneficiary of the bid bond. The bid bond shall be in the form of either a Germanlaw-governed demand bank guarantee or an Englishor New York-law-governed standby letter of credit, each issued by a bank with a rating of at least a BBB+ rating by S&P, a Baa1 rating by Moody’s or an equivalent rating from an internationally recognised rating agency to secure the due performance of the obligation of the (prospective) seller to pay the initial service fee in full according to Section 13 of the HPA. The initial service fee (pursuant to Sect. 13.2.1 of the HPA) is to be specified based on the contract volume offered by the bidder. For each lot, the fee for all awarded bids shall amount to a minimum of 1.25% of the auction volume. In the case of consortia of candidates, only one individual member who is liable for the consortium is required to submit a bid bond. In the event of an award, the contract fees shall be charged in consideration of the fact that Hintco takes economic risks that go beyond the role Hintco would have as a mere buyer of the product from the (prospective) seller and which also benefit the (prospective) seller. In particular, Hintco acts as an intermediary between the (prospective) seller and HSA customers to ensure the proper functioning of the H2Global Mechanism, which is a prerequisite for the (prospective) seller to sell and deliver products under the HPA. The criteria will be used to select the candidates to be invited to the second phase of the procedure: YES Andere wirtschaftliche oder finanzielle Anforderungen Description: Minimum Requirements & General Remarks: Minimum Requirements: One of the following three minimum requirements must be met: (1) A rating of 'good creditworthiness’ or higher: The candidate’s rating must be at least 'good creditworthiness’. The following ratings in particular are considered 'good creditworthiness’: - Rating lower than 250 from the rating agency Creditreform, - Rating Ba2 or higher from the rating agency Moody’s, - Rating BB or higher from the rating agency Standard & Poor’s, - Rating BB or higher from the rating agency Fitch. Candidates may provide the rating of another rating agency. In this case, the candidate must demonstrate that the rating meets the requirements of one of the ratings listed above. In the case of a consortium of candidates, at least one individual member who is liable for the consortium must have a rating of 'good creditworthiness’. (2) Equity ratio of at least 20 percent and turnover of 20 million EUR: Within the last three audited financial years, the equity ratio has not been below 20 percent and the turnover has not been below 20 million EUR. Candidates who have been active for less than three audited financial years cannot meet this minimum requirement. In the case of consortia of candidates, at least one individual member who is liable for the consortium must not have fallen below the equity ratio of 20% and the turnover of 20 million EUR within the last three audited financial years. (3) Bid Bond The candidate commits to submit a bid bond during extended validation. The Form 'Bid Bond’ will be used to submit the bid bond during extended validation. In the case of consortia of candidates, only one individual member who is liable for the consortium is required commit to submit the Form 'Bid Bond’. === General Remarks: Candidates or consortia of candidates may, in principle, rely on third party companies to meet the minimum requirements. However, this does not apply for the submission of a bid bond (see Section 3 lit. h of the 'Conditions of Participation’). Candidates or consortia of candidates who do not meet at least one of the three aforementioned minimum requirements (a rating of 'good creditworthiness’ or higher, an equity ratio of at least 20 percent and turnover of 20 million EUR, or the commitment to a bid bond) will be excluded from the further auction procedure. The criteria will be used to select the candidates to be invited to the second phase of the procedure: YES Muster, Beschreibungen oder Fotos ohne Echtheitszertifikat Description: Requirements for the Project Description: The candidate is considered technically and professionally capable if they are assumed to have the necessary expertise and experience to fulfil the HPA and if the candidate meets the minimum requirements. The candidate shall submit, as part of the 'Request to Participate', a project description consisting of the documents 'Project Description - Factsheet’ und 'Project Description - Concept’. The project description will be assessed during the call for competition and shall demonstrate the know-how and resources of the candidate, existing and information, whereby the candidate is free to involve subcontractors. Do note the information provided in the introductory sheet of the document 'Project Description - Factsheet’ regarding plan data and estimates for the project description. The project description may be updated during the bidding phase. Before an HPA is awarded, the updated project description will be reviewed again. In this respect, reference is made to Section 3 of the 'Conditions for the Bidding Phase’. Note, that at this phase it is not yet required to complete the documents 'Project Description - Factsheet’ und 'Project Description - Concept’ in full and in every detail. The fields that are marked 'with bid only’ are not required for the request to participate. Also, the candidates can limit their project description for the project description to information that is currently available and can, where necessary, give estimates und plans. To determine the technical and professional ability of the candidates, Hintco assesses the concretisation of the project and the level of detail of the information provided by the candidate. Furthermore, the plausibility of the explanations, in the sense of a consistent, comprehensible presentation of the project based on realistic information, will be considered. Hintco will make an overall assessment whether it appears predominantly probable ('prognosis’) that the candidate has the technical and professional ability to prepare an admissibale bid in due time and, later, to perform the services according to the HPA and the Performance Specifications. A positive prognosis is a minimum requirement. The entire value chain is analysed, whereby each individual stage must be assessed positively. The individual stages of the project description are: - Power generation - Hydrogen production - Production of ammonia or methanol (if applicable) - Additional feedstock next to hydrogen for ammonia or methanol production (if applicable) - Transport and Delivery Concept A positive prognosis cannot be granted, if the candidate does not demonstrate in a concrete and plausible way, how the resources and the know-how necessary for each stage of the value chain of the product mentioned above will be provided. The candidate does not have to fulfil this prerequisite on its own and may rely on subcontrators. However, a 'Declaration of Liability' or other supplemental documents are not necessary. A plausible and concrete concept is sufficient to that extent. In the case of a consortium of candidates, the minimum requirement must be met by the members of the consortium as a whole. The criteria will be used to select the candidates to be invited to the second phase of the procedure: YES Muster, Beschreibungen oder Fotos ohne Echtheitszertifikat Description: Electric Input Capacity of at least 5 MW: Only electrolysis projects of at least 5 MW rated electrical input capacity may be considered. This minimum requirement aims to strike a balance between allowing smaller projects to participate, whilst reducing the administrative efforts related to processing a large number of small projects. The criteria will be used to select the candidates to be invited to the second phase of the procedure: YES |
| Procedure for selecting participants | The procedure is carried out in several consecutive phases, in each phase some participants may be excluded: Yes Maximum number of applicants to be invited to the second phase of the procedure: Minimum number of applicants to be invited to the second phase of the procedure: 3 |
| Surcharge on the first offer | The buyer reserves the right to award the contract on the basis of the initial tenders: Yes |
| Further conditions for qualification | Request of documents: A subsequent claim of documents after the deadline is not excluded Additional information: Candidates and bidders are required to provide Hintco with all additional information necessary. Hintco reserves the right to exclude candidates from the auction procedure who do not comply with a request for clarification, do not comply with the request in time or do not comply with it in full. |
| Reserved procurement | Participation is reserved to protected workshops and economic operators aiming at the social and professional integration of people with disabilities or disadvantaged persons: No |
| Variants | Variants are permitted: No |
| Regularly recurring services | |
| Order for regularly recurring services: No Tenderers may submit more than one tender: Yes |
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| Requirements for the execution of the order | |
| Reserved contract execution | The execution of the order is reserved to certain contractors: No |
| Terms of service | Conditions for the execution of the contract: The supplier must produce, transport, and deliver the product in compliance with the HPA awarded. Performance must meet the technical product specifications, RFNBO conformity, sustainability requirements, and human rights and environmental standards as set out in the respective annexes of the HPA. After the HPA is signed, verification follows based on these annexes. An Environmental Impact Assessment (EIA) and a Social Impact Assessment (SIA) are mandatory. Their implementation must follow the procedure laid out in the HPA. |
| eInvoice | Electronic invoicing: Yes |
| Requirements | The names and professional qualifications of the staff assigned to perform the contract must be given: Not required |
| Post award process | Electronic ordering will be used: Yes Electronic payment will be used: Yes |
| Organisation receiving tenders | to the abovementioned address |
| Information on the submission | |
| Deadlines | |
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Deadline for receipt of requests to participate: 13.02.2026 18:00 Uhr |
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| Submission language | Languages in which tenders or requests to participate may be submitted: ENG, DEU |
| Opening of offers | |
| -not applicable- | |
| Submission method | Electronic submission allowed: Yes Address for submission (URL): https://tender-portal.com/NetServer/TenderingProcedureDetails?function=_Details&TenderOID=54321-Tender-198e03a8642-9a21de784ca44f0 |
| Procurement documents | The order documents are available free of charge for unrestricted and complete direct access at (URL): https://tender-portal.com/NetServer/TenderingProcedureDetails?function=_Details&TenderOID=54321-Tender-198e03a8642-9a21de784ca44f0
Binding language version of the tender documents: ENG |
| Ad hoc Communication channel | |
| Organisation providing additional information | to the following address: Official name: PTG Consulting AG in the role of procurement service provider Identification number: HRB 11808 (AG Würzburg) Internet address (URL): https://ptgconsulting.de/ Postal address: Mergentheimer Straße 76a Postcode / Town: 97082 Würzburg NUTS-3-Code: DE263 Country: Germany E-mail: support@ptgconsulting.de |
| Review | |
| Deadlines for review procedures | Information about review deadlines: With regard to the filing of legal remedies (Rechtsbehelfen), please note the following information: Hintco is not a contracting authority within the meaning of Sections 98 et seq. of the German Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB) and therefore the scope of application laid down in Part 4 GWB and the German Regulation on the Award of Public Contracts (Verordnung über die Vergabe öffentlicher Aufträge, VgV) is not applicable. Only if the objective of a legal remedy is directed towards the applicability of the Part 4 GWB and the German Regulation on the Award of Public Contracts (Verordnung über die Vergabe öffentlicher Aufträge, VgV) legal recourse to the procurement review bodies under Sections 160 et seq. GWB could be initiated. The information on the procurement review body and the following provisions laid down in Section 160 Section 3 GWB are provided as a purely precautionary measure in the event that these provisions are declared applicable in a legal dispute. Section 160 (3) GWB reads: The application is inadmissible if 1. the applicant became aware of the claimed violation of public procurement provisions before filing the application for review, but did not complain to the contracting authority within a time limit of 10 calendar days; the expiry of the time limit under Section 134(2) remains unaffected, 2. violations of public procurement provisions which become apparent from the tender notice are not notified to the contracting authority by the end of the time limit for the application or the submission of a tender specified in the notice, 3. violations of public procurement provisions which only become apparent from the procurement documents are not notified to the contracting authority by the end of the time limit for the application or the submission of a tender specified in the notice, 4. more than 15 calendar days have expired since receipt of notification from the contracting entity that it is unwilling to redress the objection. shall not apply to an application under Section The latter sentence shall no apply to an application under Section 135(1) no 2 to have the contract declared ineffective. Section 134(1) sentence 2 shall remain unaffected. |
| Office for Appeal/Review Procedures | Official name: Vergabekammern des Bundes Identification number: t:022894990 Internet address (URL): https://www.bundeskartellamt.de/DE/Aufgaben/Vergaberecht/vergaberecht_node.html Postal address: Kaiser-Friedrich-Straße 16 Postcode / Town: 53123 Bonn NUTS-3-Code: DEA22 Country: Germany E-mail: vk@bundeskartellamt.bund.de Telephone: +4922894990 Fax.: +492289499163 |
| Organisation providing verification information | |
| Mediation organisation | |
| Procurement information (specific) | |
| Tendering process | |
| Description of the procurement | Description: Hintco strictly adheres to the principles of non-discrimination and transparency in order to ensure a high level of competition during the auction. The auction procedure is designed to be vector-neutral. Producers can therefore supply RFNBO compliant hydrogen to Hintco, regardless of the vector utilized. Hintco requires that the product is produced using renewable energy and in compliance with sustainability requirements as specified in the Performance Specifications and the Hydrogen Purchase Agreement, incl. its Annexes. In the Global Lot, Hintco will provide two HPAs: An HPA for deliveries to Germany (HPA DE) and an HPA for deliveries to the Netherlands (HPA NL). This approach is necessary to reflect (i) the distinct supply chains to the Netherlands and to Germany and (ii) the respective national regulatory frameworks and legal orders. The HPAs are beyond that identical in wording. For reasons of clarity Hintco provides a synopsis of the HPA DE and the HPA NL. The auction process will be carried out as follows: === First of all, Hintco will assess the eligibility of the candidates with regard to the subject of the auction. Interested companies must therefore submit a request to participate. === This request to participate is assessed by Hintco in two stages: first for a complete submission on time and in the correct form, then for eligibility based on defined criteria. Candidates meeting all minimum requirements will be invited to a negotiation phase (see Section 4 Conditions of Participation ). === Hintco will then invite all candidates who have submitted an eligible request to participate to a nondiscriminatory negotiation process that will take place before the submission of a bid (see Section 2 Conditions of the Bidding Phase ). === All bidders receive the same draft HPA synopsis as the basis for negotiation proposals. Negotiations aim to create a single set of HPA contract terms for the global lot, allowing for competitive bids. All bidders receive the same draft HPA synpopsis, but the grey-highlighted contract sections are generally excluded from negotiations (deemed non-negotiable). This limit is mainly due to regulation, state aid rules, and Hintco’s operational setup. Exceptions may be considered in justified cases. After negotiations end, bidders have at least 8 weeks to prepare and submit their bids. The dead-line for the submission of bids will not be before. === Only bids meeting all formal and substantive requirements will be admitted. This requires a final and binding bid in due form and time, a completed Price and Quantity Sheet, an updated project description, a self-assessment of RFNBO certification-readiness, a calculation of the greenhouse gas emissions and a sufficient probability that the bidder will fulfil the contractual obligations (see Section 4 lit. a Conditions of the Bidding Phase). === A price cap of €353/MWh applies. Any bid exceeding this cap in any contract year will not qualify for the auction (see Section 4 lit. b Conditions of the Bidding Phase). === The award criteria for the bids will consist of 90 % volume weighted average price and 10 % maximum optional delivery quantity (see Section 4 lit. d Conditions of the Bidding Phase). === The best bidder of each lot will be subject to an extended validation. As part of the extended validation, the best bidder of each lot according to the award criteria will be requested to provide a proof of a market-conform return on equity of the project, a proof of a successful RFNBO pre-certification through one of the recognised Voluntary Schemes and, if applicable, a bid bond (see Section 5 Conditions for the Bidding Phase). === This lot only includes production in the following countries or territories: Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, Vatican City (Holy See), Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cabo Verde, Cameroon, Central African Republic, Chad, Comoros, Congo, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe, Afghanistan, Armenia, Azerbaijan, Bahrain, Bangladesh, Bhutan, Brunei, Cambodia, China, Georgia, Hong Kong (SAR), India, Indonesia, Iran, Iraq, Israel, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Malaysia, Maldives, Mongolia, Myanmar, Nepal, Oman, Pakistan, Palestinian Territories, Philippines, Qatar, Saudi Arabia, Singapore, South Korea, Sri Lanka, Taiwan, Tajikistan, Thailand, Timor-Leste, Turkmenistan, United Arab Emirates, Uzbekistan, Vietnam, Yemen, Argentina, Australia, Bolivia, Brazil, Chile, Colombia, Cook Islands, Ecuador, Fiji, Guyana, Kiribati, Marshall Islands, Micronesia, Nauru, New Zealand, Tonga, Tuvalu, Palau, Papua New Guinea, Paraguay, Peru, Samoa, Solomon Islands, Suriname, Uruguay, Vanuatu, Venezuela, Antigua and Barbuda, Bahamas, Barbados, Belize, Canada, Costa Rica, Cuba, Dominica, Dominican Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, United States of America. |
| Scope of the procurement | This type of contract is also particularly suitable for small, medium and small companies (SMEs): No Estimated value excluding VAT (in euro): 567,949,995.00 EUR |
| Type of contract award | Type of strategic procurement: |
| Information on the Clean Vehicles Directive | Procurement falls within the scope of Directive 2009/33/EC of the European Parliament and of the Council (Clean Vehicles Directive - CVD): No |
| Estimated duration |
Start date of: 01.01.2028 End date of the term: 31.12.2036 |
| Extensions and options | Description of the options: Optional Contract Quantity |
| Government Procurement Agreement | Procurement is covered by the Public Procurement Agreement: No |
| Use of EU funds | The procurement is at least partially financed by European Union funds: No |
| Additional information | Additional information: Support for technical aspects of the procedure can be found, by studying the Operating Instructions for the Tender Platform and the Tender application. Candidates can also engage Hintcos Service Provider PTG Consulting AG for technical support via support@ptgconsulting.de |
| Tendering terms | |
| Award criteria |
Price, Description: Award Criterion 1: Volume-weighted Price (EUR per MWh) --- The volume-weighted average price (EUR per MWh) is to be evaluated on the basis of the contract prices and the respective minimum contract quantity stated in the 'Price and Quantity Sheet' for all contract years (entire contract term) as a combined value for the deliveries to Germany and to the Netherlands. --- Step 1: Determination of the volume-weighted average price The volume-weighted average price (P) is to be calculated as follows and will be commercially rounded off to two decimal places: P = Sum(C_i x M_i)/Sum(M_i) --- Where: - Ci = Contract price in EUR per MWh for the respective year i and country of delivery according to the 'Price and Quantity Sheet' - Mi = Minimum supply quantity for the respective year i and country of delivery according to the Price and Quantity Sheet - i = Delivery years starting from the second delivery year, unless the contract price of the first (non-firm) year of delivery is above the volume-weighted average price of the remaining years. In that case, the first year of delivery will be part of the calculation as well. --- Step 2: Scoring Bids can score a maximum of 90 points. The bid with the lowest volume-weighted average price (EUR per MWh) will receive 90 points (maximum score). The points of the other bids are calculated according to the following formula (commercially rounded to two decimal places): --- Score for Award Criterion 1 = Pbest / P × 90 Where: - Pbest = Lowest volume-weighted average price among the admissible bids that are compliant with the price cap - P = Offered volume-weighted average price according to the Price and Quantity Sheet === Award Criterion 2: Optional Contract Quantity Ratio: --- The optional contract quantity relative to the minimum contract quantity according to the 'Price and Quantity Sheet’ (both cumulated over the entire contract term) is evaluated as a combined value for the deliveries to Germany and to the Netherlands. --- Step 1: Determination of relative optional delivery quantity --- The optional contract quantity ratio (Q) is to be calculated as follows and will be commercially rounded off to 2 decimal spaces: Oi = Optional contract quantity (in batches) for the respective year i and country of delivery according to the 'Price and Quantity Sheet’ Mi = Minimum contract quantity (in batches) for the respective year i and country of delivery according to the 'Price and Quantity Sheet’ i = Delivery years starting from second delivery year Q = Sum(O_i)/Sum(M_i) --- Step 2: Scoring Bids can score a maximum of 10 points. The bid with the largest optional contract quantity ratio will receive 10 points (maximum score). The points for the other bids are calculated according to the following formula (commercially rounded to 2 decimal places): Score award criterion 2 = (Q/Q_max) *10 Q max = largest optional contract quantity ratio among the admissible bids Q = offered optional contract quantity ratio === Total Score The following formula is used to determine the total score as a combined value for the deliveries to Germany and to the Netherlands: Total score = Score award criterion 1 + Score award criterion 2 --- The bidder with the highest total score is deemed to be the best bidder. If two or more bids achieve the same total score, the best bidder will be deemed to be the bidder who has offered the lower volume-weighted price. If there is still a tie between several bidders despite these criteria, the best bidder will be determined amongst those bidders by drawing lots. The best bidder of each lot will be subject to extended validation in accordance with Section 5 'Conditions of the Bidding Phase'., Weighting: 100.00 |
| Electronic catalog | Electronic catalog: No |