Terms and Conditions of The Call For Tenders in France
Terms and Conditions of The Call For Tenders in France
Terms and Conditions of The Call For Tenders in France
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Contents
2. Eligibility requirements........................................................................................................12
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6.2. Installation ........................................................................................................................27
6.3. Timetable for completion .................................................................................................28
6.4. Assessing local content ....................................................................................................28
6.5. Certificate of compliance .................................................................................................29
6.5.1. Carbon footprint......................................................................................................29
6.5.2. Collective financing or shared governance.............................................................30
6.6. Waiver of purchase obligation or top-up payment .30
6.7. Other bonds ......................................................................................................................31
6.7.1. General data and operational information exchange system (DEIE) 31
6.7.2. Provision of documents relating to the Facility ......................................................31
6.7.3. Transmission of production data.............................................................................31
6.7.4. Origin of components .............................................................................................31
7. Remuneration supplement contract ....................................................................................31
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1. Context and purpose of the call for tenders, definitions
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1.2.2. Application periods, volumes called and deadline for submission of tenders
The cumulative power demand is divided into ten (10) application periods, as follows:
Tender submission period Cumulative power
From : To : demand (MW)
(Deadline for submission of tenders)
1èreperiod 15 November 2021 26 November 2021 at 2pm 700
2ème period 1er April 2022 15 April 2022 at 2pm 925
3ème period 2022 (to be specified) 2022 (to be specified) 925
4ème period 2023 (to be specified) 2023 (to be specified) 925
5ème period 2023 (to be specified) 2023 (to be specified) 925
6ème period 2024 (to be specified) 2024 (to be specified) 925
7ème period 2024 (to be specified) 2024 (to be specified) 925
8ème period 2025 (to be specified) 2025 (to be specified) 925
9ème period 2025 (to be specified) 2025 (to be specified) 925
10ème period 2026 (to be specified) 2026 (to be specified) 925
For the 1ère period, if the number of eligible projects exceeds 700 MW, the volume called may be
increased up to 925 MW.
For each period, the last bid selected - the last in the case of tied Bidders - may result in the
cumulative Power Demand being exceeded.
For a given period, in the light of the results, and in particular the competitiveness of the bids
submitted, the Minister responsible for energy may decide to revise the Cumulative Power
Demand upwards or downwards for that period, after the initial examination of the bids by CRE.
If a bid is submitted for several periods and is declared the winner for a given period, the
Candidate must inform CRE so that the bid is not examined for a subsequent period.
If a tender is designated as the winner in more than one call for tenders, the designation that occurs
first in chronological order is retained. If several designations are made on the same day, only the
one corresponding to the call for tenders with the earliest closing date is retained. The other
nominations are withdrawn.
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of the specifications will be made known by publication on the CRE website and a corrective
notice in the Official Journal of the European Union (OJEU).
In addition, pursuant to article R. 311-27-12 of the Energy Code, the Minister responsible for
energy may, after the successful candidates have been designated, make non-substantial
amendments to the specifications, with a view to adapting or simplifying their content. These
amended specifications automatically apply to any successful candidate who requests them from
the Minister responsible for energy.
CRE sets up an online application site (see 3.1). It will ensure that it is not possible to submit an
application after the deadline for submitting bids, or for a file in which one of the documents
listed in 3.3 is missing. The procedures for electronic submission are set out in Appendix 4. It
will acknowledge receipt to the Candidate, by electronic means, of the submission of each
application file.
CRE sets up an automated ranking system for the bids submitted. It ranks the bids
received in descending order of score.
The last bid selected - or the last bids if there is a tie - may result in the cumulative Power Demand being
exceeded.
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The offers include :
- the application file is strictly identical to another tender,
- the application file is empty,
- the score is too low to be considered will not be
examined by CRE.
CRE also examines any other dossier at the request of the Minister for Energy.
By submitting a bid in response to the call for tenders, the applicant agrees to be contacted again at
a later date for the purpose of analysing the support scheme, whether or not he or she is one of the
successful applicants.
1.4. Definitions
For the purposes of these specifications, :
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Completion, or Date of supply to the co-contractor of the certificate of compliance
Completion Date referred to in article R. 311-27-1 of the Energy Code.
Local content European local content is an indicator which measures, in relation to the
total cost of the lot in question, the percentage of supplies or services
produced by the project promoter or its subcontractors on production
sites located in a country in the European Economic Area.
The following are considered as local European content
- components or supplies manufactured on industrial sites based in a
European Economic Area country;
- studies and services (engineering, R&D, training) carried out by staff
located in a European Economic Area country and employed by
European Economic Area companies or subsidiaries of foreign
companies located in a European Economic Area country;
- assemblies carried out by a workforce holding an employment contract
governed by the law of a European Economic Area country;
- insurance and financial costs if the services are provided by
establishments approved in a European Economic Area country;
- maritime transport costs where the registered office of both the
shipowner issuing the bill of lading and the shipowner carrying out the
transport is located in a European Economic Area country;
- road transport costs, provided that the consignment note indicates that
the transport is being carried out by a company (or companies) whose
registered office is in a country of the European Economic Area and
which is (are) entered in the register of carriers of a country of the
European Economic Area;
- rail transport costs when the rail transport is provided by a company
whose registered office is in a European Economic Area country;
- air freight costs when the carrier actually operating the flight has an
operating licence issued by a country in the European Economic Area.
The local European content concerns the various phases of the project
for which the applicant is responsible, from the preliminary design stage
through to production of the installation (including maintenance). The
applicant must
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indicates an initial assessment of European local content on the
application form (see Appendix 1). The successful applicant must then
submit his or her assessment of European local content (see Appendix 8)
and justify this submission to the approved body as part of the
conformity check on the installation.
The same principles are used to assess the French local content of the
facility.
A non-binding estimate report is submitted with the application, based
on the model in Table G in Appendix 1.
A final report is sent to the authorities, and proof that this document has
been sent must be sent to the inspection body for the issue of the
certificate based on the model in Annex 8.
Deadline for Deadline for submission of tenders specified in 1.2.2 for the bidding
submission of tenders period concerned.
Date of designation Date o f dispatch of the letter by which the Minister responsible for
energy designates the Candidate as the winner for its bid.
Start of work The Start of Works corresponds either to the start of the related
construction work on the Facility, or to the first firm commitment to order
one of the Main Components of the Facility or any other commitment
making the investment irreversible, whichever event occurs first. The
purchase of land and preparations such as obtaining authorisations,
carrying out preliminary feasibility studies or connection work beyond the
source substation are not considered to be the start of works.
Financing All project financing, including bank debt, equity and quasi-equity.
Installation All the wind turbines and related components described in the offer and
located on the same site. A single site may include several delivery
points. An installation may be equipped with a storage device. In this
case, although storage is not the subject of public support under this call
for tenders, the specific provisions relating to it in the control reference
system must be complied with.
An installation can also power a recharging device for electric vehicles.
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Main components The main components of the Installation are the wind turbines, the
of the Installation delivery station and, where applicable, the storage facilities located on
the same site.
Producer The natural or legal person responsible for the Facility within t h e
meaning of Article R. 314-1 of the Energy Code.
Plant power The installed electrical capacity of the Installation is defined as the sum
of the capacities of the wind turbines likely to operate simultaneously, as
shown in the certificate of conformity.
2. Eligibility requirements
The Respondent undertakes to ensure that any bid submitted complies with the eligibility
requirements of all kinds set forth in this Section.
If one of these eligibility conditions is not met, the bid is eliminated by the Commission de
Régulation de l'Energie.
By submitting a bid, the Respondent undertakes to comply with all the eligibility conditions of any
kind set out in these specifications if its bid is selected, for the duration of the support for its
installation.
Compliance with the eligibility conditions will be verified by the inspection body before the
certificate of conformity referred to in 6.5 is issued.
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2.3. No condition of non-completion or exclusion
As a consequence of the commitment to carry out its Installation in the event of selection (see 6.2),
only those bids may compete which are not subject to any implicit or explicit condition of non-
completion or exclusion. In the event that several bids are incompatible with each other, CRE will
only select the bid or bids with the highest scores.
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is concluded, and the terms and conditions of the contract apply to the new Producer for the
remaining duration of the contract.
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• Greater than or equal to x% of the power of compliant offers when the volume of
compliant offers is greater than or equal to 100-x% of the power demand, with x varying
linearly between 5% and 20% ;
• Greater than or equal to 20% of the power of compliant bids when the volume of compliant
bids is less than or equal to 80% of the power demand.
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The Candidate is hereby informed that it will not be entitled to any compensation for the costs it
may have incurred in participating in this call for tenders and in preparing its file.
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When:
- the document does not identify the Candidate entered on the application form,
- the identification document(s) do not comply with the above requirements, the tender will
be eliminated.
The amount of the guarantee is thirty thousand euros (€30,000) multiplied by the Power of the
Installation expressed in megawatts (MW).
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When :
• the attachment does not comply with the model in Annex 2,
• the guarantee does not take effect until 3 months after the closing date for the
submission of tenders for the period concerned;
• the amount of the guarantee is not €30,000 per MW; the
tender is eliminated.
All the masts in the Installation submitted to the call for tenders must be covered by the
authorisation or authorisations, if applicable. An authorisation may cover more machines than the
number submitted to the call for tenders.
If the project is subject to more than one authorisation, the applicant must enclose a notice
explaining how the authorisations relate to each other and how long they are valid for.
In the application form, candidates must indicate the reference number of their administrative
authorisation(s).
If the document is not present or does not comply with the above requirements, the tender will be
eliminated.
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3.3.6. Exhibit 6: Provisional business plan
Format: spreadsheet (xls, calc, odt ...).
The Applicant completes the business plan available on the CRE website.
When :
• the business plan does not comply with the format imposed by CRE and prevents the
automated processing of the information it contains,
• a non-optional field is not filled in,
• the statements made in the business plan are incompatible with those in the application
form,
• an obvious error prevents the business plan from being analysed and
processed. the bid is eliminated.
4. Rating of bids
Each complete and non-eliminated application will be awarded a mark out of one hundred (100)
points, rounded to one hundredth (100ème ) of a point.
Criteria Value
Price (NP0) 95
Shared governance (SG) -
5
cannot be combined with CE
Or Group Financing (CF) -
2
cannot be combined with GP
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4.2. Price rating (NP)
The Psup ceiling prices, expressed in €/MWh, are as follows:
Application period Value of Psup (€/MWh)
1ère
period 70
2ème period 70
3ème period 70
4ème period 70
5ème period 70
6ème period 70
7ème period 70
8ème period 70
9ème period 70
10ème period 70
When the price proposed is lower than the ceiling price Psup for the period in which the tender is
submitted, the price mark NP is established using the following formula :
𝑃sup - 𝑃
NP=NP0 ×
𝑃sup - 𝑃inf
With :
• P is the reference unit price (T0) proposed in C. of the application form (see 3.3.2). It is
expressed in €/MWh.
• Psup the ceiling price defined above
• Pinf = 0
• NP0 the maximum score defined in 4.1
A tender for which the value of the reference tariff proposed by the Candidate is strictly higher
than the Psup ceiling price will be eliminated and will not be scored as detailed in the following
paragraphs.
- natural and legal persons must be domiciled in the département where the project is located or
in neighbouring départements. By way of derogation, for departments with no more than two
adjoining departments, they must be domiciled in the administrative region in which the
project is located or in a department adjoining the department in which the project is located.
To demonstrate this point :
o Individuals must provide proof of address;
o legal entities must provide proof of the postal address of their registered office;
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- the amount held or contributed, separately or jointly, by individuals, one or more local
authorities or groups of local authorities, must comply with the rules set out below. However,
the way in which this amount is held or contributed, as long as it complies with these rules, is
likely to change over the term of the commitment.
If the Applicant commits to Group Financing and this commitment is not met over the entire term
of the commitment, the value of the indexed reference price T used to calculate the energy bonus
(see 7.2) is reduced over the entire term of the contract by the amount given in the following
table, when the minimum number of 20 individuals or a local authority or group of local
authorities is reached:
If the minimum number of 20 individuals, local authorities or groups of local authorities is not
reached, the penalty is €2/MWh.
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If the Applicant is, at the time of submitting its application, and undertakes, by means of its
application form, to be until at least ten years after the Installation Completion Date :
- a local authority or group of local authorities; or
- a joint-stock company governed by Book II of the Commercial Code or by Title II of Book V
of Part One of the General Local Authorities Code or a cooperative company governed by
Law no. 47-1775 of 10 September 1947 on the status of cooperation, of which at least C% of
the equity and quasi-equity capital on the one hand, and of the voting rights on the other, are
held, separately or jointly, directly or indirectly via :
o a citizen intermediation structure that complies with the same governance criteria as the
Applicant itself, as set out in this 4.3; or
o one or more companies with a majority public shareholding held directly or indirectly
by local authorities and their groupings,
by :
• at least P individuals; or
• one or more local authorities or by one or more groupings of local authorities,
and the additional conditions below are also met, then the Candidate will benefit from the GP mark
provided below.
For the purposes of these provisions, quasi-equity means :
- shareholders' current accounts; and
- convertible bonds that cannot be converted unilaterally by the Applicant.
For the full duration of the contract, natural persons employed :
- a company holding more than 10% of the voting rights and 10% of the equity and quasi-
equity of the structure holding the Facility; or
- of a company controlling or being controlled directly or indirectly by such a company, must
not hold, directly or indirectly :
- individually, more than 10% of voting rights and 10% of equity and quasi-equity
of the structure holding the Facility ;
- jointly, more than 33% of the equity and quasi-equity capital and voting rights, nor more
equity and quasi-equity capital and voting rights than the other natural persons, local
authorities or their groupings, collectively.
If the Applicant meets the criteria set out in this section at the time of submitting its application,
and has made a commitment in its Shared Governance Application Form, the GP score is defined
using the table below. Otherwise, the GP score is zero.
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Minimum In the absence Note Additional condition(s)
proportion of of local GP In order to demonstrate compliance with the
equity and quasi- authorities, provisions of the Articles of Association, the
equity capital and minimum Candidate shall attach the Articles of
voting rights held number of Association to its offer and highlight the
by citizens and individuals (P) relevant provisions.
local authorities
(C)
≥ 1/3 ≥ 20 3 - The majority required to amend the Articles
of Association and to take strategic decisions,
including managing the budget, allocating
profits and approving construction and
operating contracts, must be strictly more than
two-thirds of the voting rights.
This provision must be included in the Articles
of Association.
> 50% ≥ 50 5
If the Applicant commits to Shared Governance and this commitment is not met over the entire
term of the commitment, the value of the indexed reference price T used to calculate the energy
bonus (see 7.2) is reduced over the entire term of the contract by the amount given in the
following table when the minimum number of P natural persons or a local authority or group of
local authorities is reached:
If the minimum number of P natural persons or a local authority or group of local authorities is
not reached, the malus is equal to the maximum malus corresponding to the value C to which the
Candidate has committed.
-the amount of financial penalties for which a suspension has been requested.
If the project is abandoned, the State will draw down the full amount of the financial
guarantee, except in cases where the guarantee is released in accordance with the provisions of
Chapter 6. Neither the existence nor the call-up of the guarantee limits the possibility of
recourse to the penalties set out in 7.8.
If the financial guarantee takes the form of a deposit as mentioned in 3.3.3, this will be done
on production of the declaration of deposit mentioning the references of the invitation to
tender for which the sum is being deposited; signed by a person authorised to commit the
company, the identity document of the signatory, the K-Bis extract of the applicant, the
specifications ; The request must be received 10 working days before the deadline for
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submission of tenders. The Caisse des dépôts et consignations will issue a receipt which will
serve as proof that the financial guarantee has been lodged.
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The deconsignment procedures will be indicated on the consignment declaration.
• If the candidate is selected, the deconsignment will take place with the authorisation of
the Ministry in the event of the guarantee being called upon or in the event of cessation
of activity.
• If the candidate is not selected, the deconsignment will take place on production of the
notification from the Ministry informing the candidate that he/she has not been
selected,
• If the candidate has not applied, the deconsignment will be carried out on the basis of documentary
evidence.
The Ministry will send Caisse des Dépôts et Consignations a list of successful and unsuccessful
candidates.
In all cases, the following documents must be sent to the Caisse des dépôts et consignations in
order for the deposit to be released:
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5.3. Change of Producer
Changes of Producer are deemed to be authorised. The Prefect and, where applicable, the co-
contractor must be notified within one month. To this end, the Producer must send the Prefect the
Articles of Association and the new financial guarantees for the new company.
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5.8. Other changes
Changes to elements of the offer other than those listed above must be authorised by the Prefect.
In the absence of a response from the Prefect within three months, the application is deemed to
have been refused.
6.2. Installation
The Candidate whose bid has been accepted will carry out the Installation in accordance with the
conditions set out in these specifications and in accordance with the information in the application
file (the possibilities and procedures for modification are indicated in 5.2).
By way of exception, the Candidate is released from this obligation:
• in the event of withdrawal of the environmental authorisation by the competent authority or
cancellation of this authorisation following litigation. This does not apply to ex gratia
withdrawals at the request of the applicant.
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• if any other administrative authorisation or exemption required for the project is not
obtained or is withdrawn.
In this case, it informs the Préfet, enclosing supporting documents. The financial guarantee is then
released.
The Applicant may also be released from this obligation at the discretion of the Minister
responsible for energy, following a duly justified request. The Minister may attach conditions to
his agreement or deduct part of the financial guarantee. Neither the Minister's agreement, nor the
conditions imposed, nor the deduction of the financial guarantee limit the State's right to apply the
penalties set out in 7.8.
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6.5. Certificate of conformity
In accordance with article R. 311-27-1 of the Energy Code, the contract will only take effect if the
Generator provides EDF with a certificate of conformity for its Installation.
This certificate is drawn up by a body approved under Article L. 311-13-5 of the Energy Code and
is based on an inspection reference system approved by the Minister for Energy, in accordance
with Article 2 of the Order of 2 November 2017 on the inspection procedures for electricity
generation facilities.
An installation may be equipped with a storage device. In this case, although storage is not the
subject of public support under this call for tenders, the relevant specific provisions of the control
framework must be complied with.
In the event of reservations by the approved body, the Applicant undertakes to take action to
remove these reservations and undertakes to reappoint the approved body(ies) until the certificate
of conformity is obtained.
This certificate is also sent to the Prefect, with a view to obtaining the return of the financial
performance bond (see 5.1).
Compliance with this criterion (compliance with the carbon footprint ceiling) is verified when the
certificate of conformity is issued, on the basis of a simplified carbon assessment. The carbon
assessment is attached to the certificate.
This assessment is based on a Life Cycle Assessment (LCA) carried out in accordance with ISO
14044:2006 (or later) or on the methodology of the Association Bilan Carbone - Bilan Carbone
V8 (or later) carried out in accordance with ISO 14064-1:2018 (or later).
This LCA is carried out or validated by a body that is independent of the Applicant and the
Turbine Batch supplier or, failing this, by a person providing proof of expertise or training in the
ISO 14044:2006 standard (or later). Proof or a certificate attesting to the person's training in ISO
14044:2006 (or later) or the certificate from the certification body will be attached to the file.
In the case of a Bilan Carbone V8 (or later), this must be drawn up by a body that is independent
of the Applicant and the Turbine Package supplier or, failing this, by a person who can provide
evidence of expertise or training in the methodology of the Bilan Carbone association. Proof or
certification of the person's training in ISO 14064-1:2018 (or later) or the certification body's
certificate will be attached to the application.
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If, at the time the tender is submitted, the supplier does not have the LCA or Carbon Footprint to
justify compliance with the ceiling threshold, the Candidate undertakes in writing to ensure that
the project complies with the threshold indicated in 2.9.
If the confirmation letter from the turbine batch supplier is not provided in the format mentioned
above, the inspection certificate cannot be issued.
When :
• the result of the carbon assessment is higher than the value indicated in 2.5 ;
• the greenhouse gas emissions balance is not derived from the LCA established in
accordance with ISO 14044:2006 (or later) or from the Bilan Carbone established in
accordance with the methodology of the Bilan Carbone Association - Bilan Carbone V8
(or later) based on ISO 14064-1:2018 (or later);
• the applicant does not provide evidence of the person's expertise or training (CV or other
document of this type) in the standard requested above, or does not enclose proof or a
certificate from the approved body that has carried out or validated the installation's
greenhouse gas emissions balance in accordance with standard ISO 14 044:2006 (or later)
or standard ISO 14064-1:2018 (or later);
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• where applicable, the remuneration supplement contract obtained under the Decree of
13 December 2016 setting the conditions for remuneration supplements for electricity
produced by electricity production facilities using mechanical wind energy and the
Decree of 6 May 2017 setting the conditions for remuneration supplements for
electricity produced by electricity production facilities using mechanical wind energy,
with a maximum of 6 wind turbines.
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provisions of sub-section 3 of section 2 of chapter I of title I of book III of the energy code
(regulatory part).
To this end, the Producer sends a contract request to EDF. EDF examines the request and sends
the Producer the draft contract within three (3) months. This contract is concluded within six (6)
months of the request being made by the successful bidder.
It should be noted that, in accordance with the last paragraph of Article R. 311-27-6 of the Energy
Code, in order to benefit from the remuneration supplement, the Applicant waives the right to obtain
guarantees of origin for the electricity produced by the Facility throughout the term of the contract.
Formula in which :
- CR is the amount of additional pay in € ;
- index i represents a calendar month ;
- Ei is the sum, over the hours with a positive or zero spot price for delivery the following
day on the French organised electricity market platform, of the volumes of electricity allocated
by the System Operator, where applicable by a loss calculation formula or a settlement
agreement, to the balance perimeter designated by the Producer for the output of his Facility
over month i, excluding corrections, in the calculation of the perimeter imbalance in application
of the rules mentioned in Article L. 321-14, linked, where applicable, to the Facility's
participation in the services required for the operation of the network or the balancing
mechanism. These volumes are net of consumption by auxiliaries required for the operation of
the Facility during the production period and of electricity consumed by the producer himself
(within the meaning of Article L. 315-1 of the Energy Code), provided that proof of such
consumption can be provided and within the limit of an annual self-consumption rate of 10%,
calculated as the ratio of auxiliary consumption to total annual production.
- T is the reference price of electricity indicated in euros per megawatt-hour (€/MWh): it is
determined by the Candidate when submitting its bid (reference price T indicated in C of the
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application form, indicated in €/MWh to a maximum of two decimal places). It is indexed in
accordance with the terms of 7.4.
- M0i, expressed in €/MWh, referred to in article R. 314-38 is the reference market price for
month i, defined as the average over the calendar month of positive and zero spot prices for
delivery the following day, recorded on the French organised electricity market platform,
weighted on an hourly basis by the production of all electricity production facilities using
mechanical wind energy located on continental metropolitan territory.
- (i) ICHTrev-TS1 is the latest definitive value known at the first of January of each year of
the revised hourly labour cost index (all employees) in the mechanical and electrical
industries;
- (ii) FM0ABE0000 is the last known definitive value at the first of January of each year of
the producer price index for French industry for the French market as a whole;
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- (iii) ICHTrev-TS10 and FM0ABE00000 are the latest definitive values of the ICHTrev-TS1 and
FM0ABE0000 indices known at 1er January preceding the date on which the remuneration
supplement contract takes effect.
7.5.1. Frequency
Remuneration is paid monthly. If the network operators adjust the Facility's production, an
adjustment is made at the end of each calendar year.
On the basis of the information published by CRE and the information sent by EDF in accordance
with article R. 311-27-7 of the Energy Code, the Producer who has signed a remuneration
supplement contract calculates and invoices EDF for the monthly energy premium. If the Producer
receives a corrected monthly production value Ei as a result of an error, it invoices EDF for the
corresponding adjustment.
Invoices are paid within 30 days of their date of receipt by EDF. Any sums paid after this
deadline will be subject to interest at the legal rate defined in article L. 441-6 of the French
Commercial Code.
In cases where the monthly premium is negative or the adjustment is negative, the Producer is
liable for this sum. This amount is paid by the Producer to EDF in the form of a credit note
accompanied by the corresponding payment.
7.6. Procedures for changing the Producer and terminating the contract at the Producer's initiative
7.7. Controls
The Producer is subject to the provisions o f article L. 311-13-5 of the Energy Code. At the
request of the Prefect, the Producer will carry out the checks mentioned in the said article.
7.8. Penalties
Fraudulent declarations will result in the automatic termination of the contract for the remainder of
its term, without compensation for the Producer, and the reimbursement of any sums unduly
received.
Pursuant to Article R. 314-26 of the Energy Code, any failure by the Successful Candidate to comply with
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the requirements and obligations set out in the specifications, including failure to comply with the terms
and conditions, shall be deemed to constitute a breach of contract.
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of eligibility after a tender has been selected, the decision designating him as the successful
tenderer may be withdrawn.
Any breach by the Candidate selected may result in the suspension or termination of the contract
and the reimbursement of sums received in application of article L. 311-14 and the penalties
provided for in article L. 311-15 of the Energy Code.
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Appendix 1: Application form
A. Administrative information
Any changes to this information must be notified by post to the following address:
Candidate
Name (natural person) or company name
(legal entity) :
Type of applicant : Legal entity / Individual / Local authority / Public or mixed
body / Other
SIREN or SIRET* number :
Address:
Legal representative
Name :
Title :
Contact
Name :
Title :
Postal address:
E-mail address :
Telephone :
* only by legal entities that have already been incorporated.
** within the meaning of the guidelines on state aid for environmental protection and energy for the period 2014-2020
(OJ C 200, 28.06.2014 p 7).
B. Project identification
General information
Project name
Number of wind turbines
Installed capacity MW
Address of production site *
No., road, locality
Municipality (CP)
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Municipality (in words)
Department (name and number)
Region (in words)
Reference of the DCR or PTF associated
with the Installation
If the project has already been submitted for
one or more previous tender periods, specify
which one(s)
Planning permission reference
* If there are several delivery points, the Producer enters the information required for each of them.
The carbon assessment value is given in kg eq CO2/kW, rounded to three decimal places.
D. GP and FC ratings
Candidates are asked to reply in the terms, format and units specified, without overwriting. Rounding is
permitted. In this case, values must be given to at least three significant figures.
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Electricity generation device(s)
Technology
Commercial reference
Manufacturer's name
Place(s) of manufacture
Unit power MW
Rotor diameter m
Conversion stations
Manufacturer's name
Place(s) of manufacture
F. Other features
Production site
WGS84 geodetic coordinates of the facility's (X°YY'ZZ.Z'' N/S)
barycentre: Latitude
WGS84 geodetic coordinates of the facility's (X°YY'ZZ.Z'' E/O)
centre of gravity: Longitude
Assumptions for producibility
Annual production assumption MWh/year
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G. Local content
G-1) Calculation of local content
Applicants should describe the local European and French content of each of the 3 phases of their project.
(development, manufacturing and assembly, installation) in relation to the averages of the applications that
CRE is proposing to accept from the previous period.
Development phase Manufacturing and assembly phase Installation phase
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Appendix 2: Model performance bond
ISSUED BY :
[...], a credit institution / insurance c o m p a n y with capital of € [...], having its registered office at [...],
registered in the [...] Trade and Companies Register under number [...], represented by [...], OR
Caisse des Dépôts et Consignations,
"Guarantor"),
IN FAVOUR OF :
The French Republic represented by the Prefect of the "Region", "Address", France
Preamble :
On [XX], the Minister for Energy published a call for tenders for the construction and operation of
"Ground-mounted" solar power plants, in accordance with the provisions of Article L. 311-10 of the
Energy Code.
The company [XX] (hereinafter referred to as "the Company") is a candidate for the project [XX] proposed for the
period
[XX] of the above-mentioned call for tenders,
The Company must attach to its offer a certificate that it has provided a first demand performance
guarantee, in accordance with paragraphs [3.3.3] and [5.1] of the specifications.
IT IS AGREED AS FOLLOWS:
1.1 Within the limits provided for in Article 1.2, the Guarantor undertakes, unconditionally and
irrevocably, to pay to the State, at its first request, any sum that is the subject of a request for
payment sent by the State to the Guarantor by registered letter with acknowledgement of receipt to
the following address: [...].
1.2 This guarantee is issued for a maximum amount of [amount adapted to the guarantee, in
accordance with the tender specifications].
1.3 The Guarantor acknowledges and accepts that, under the conditions referred to in paragraph 1.1
above and in article 2321 of the French Civil Code, any Payment Request entails an obligation on its
part, on a principal and autonomous basis, to pay to the State any sum that the latter claims from it up
to the amount set out in paragraph 1.2 above. It is specified, where necessary, that the accuracy or
validity of the declarations contained in a Payment Request is not a condition for the performance by
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the Guarantor of its obligations under this guarantee.
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1.4 This guarantee may be subject to one or more calls. Any payment by the Guarantor will reduce the
amount of this guarantee accordingly.
1.5 The Guarantor shall make any payment that is the subject of a Payment Request within twenty-one
(21) calendar days of its receipt by the Guarantor.
1.6 All sums due by the Guarantor under this Guarantee will be paid in euros, without set-off for any
reason whatsoever. All such payments shall be made net of any deduction or withholding of a fiscal
nature, unless the Guarantor is required to make such a withholding, in which case it shall increase
the amount of the payment so that after the withholding the State receives a net sum equal to that
which it would have received if no withholding had been made.
1.7 If the Guarantor fails to fulfil a payment obligation under this guarantee on the due date, the
Guarantor shall owe the State, in addition to the sum indicated in the relevant Request for Payment,
late payment interest calculated on this sum at the legal rate plus 3% per annum, on the basis of a
year of 365 days and related to the number of days elapsed between the date of expiry of the payment
deadline and the date of actual payment to the State.
2.1 The parties expressly agree that this guarantee is an autonomous first demand guarantee governed by
the provisions of article 2321 of the French Civil Code.
2.2 The Guarantor's obligations under this guarantee are independent and autonomous. Consequently, the
Guarantor may not, in order to delay or avoid the unconditional and immediate performance of its
obligations under this guarantee, raise any exception or other defence resulting from the legal relations
existing between the Guarantor and the State or any other third party, and in particular any possible
nullity, cancellation, rescission or compensation.
3. Duration
4. Applicable law
5. Competent courts
Any dispute relating to this guarantee (including any dispute concerning the existence, validity or
termination of this guarantee) shall be within the exclusive jurisdiction of the competent French court in
application of the applicable national rules of procedure or, where the Guarantor is domiciled outside
French national territory, within the exclusive jurisdiction of the Tribunal de Grande Instance de Paris.
Signed at [...], on
[...], in triplicate
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The Guarantor
.........................................
Mr [...] in his capacity as [...] ;
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Appendix 3: DREAL contact details
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Direction de l'Energie et de la Connaissance (DEC)
Département Energie et Développement Durable (DEDD)
Cité administrative Bât. G
1, rue de la cité administrative
CS 80002
31074 Toulouse Cedex 09
Pays de la Loire DREAL Pays de la Loire
Energy and Climate Change Mission 5, rue
Françoise Giroud
CS 16326
44263 NANTES CEDEX 2
Provence-Alpes DREAL PACA
Côte d'Azur Service Énergie Logement
16, Rue Zattara
CS 70248
13331 MARSEILLE CEDEX3
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Appendix 4: Procedures for submitting a bid by electronic means
Applicants must submit their bids before the deadline for the corresponding application period on
the online application platform accessible from the page dedicated to this call for tenders on the
CRE website.
If you have any technical problems using the platform, please contact technical support on 0 892
23 21 20 or by e-mail at [email protected].
Electronic signature
If the tender is submitted via the online application platform, the documents must be signed
electronically. The procedures are explained below.
An electronic certificate is obtained from a certification authority, whose job is to verify the
identity of the applicant (name, position, company name, etc.) before issuing two complementary
items: a smart card or USB key containing a private key, which is unique to the holder and can
never be seen by a third party; a certificate containing the public key corresponding to the private
key, as well as identity information about the holder and validity dates. The certification authority
from which the applicant has requested a certificate will commit itself to the information
provided. It will update the certificate if the personal data changes, or if the certification tool is
revoked.
The applicant must therefore contact a certification authority to obtain a signature certificate.
The certificate must comply with the Référentiel Général de Sécurité (RGS). PRIS V1 reference
certificates are no longer accepted.
Candidates are invited to consult the list of RGS-compliant certificate categories at the following
addresses:
IMPORTANT: The Order of 15 June 2012 on electronic signatures in public procurement came
into force on 1er October 2012. In this context, the submission platform has been brought into
compliance with the new regulations. RGS-compliant signature certificates are accepted (RGS
levels ** and ***). The reference signature formats accepted are PAdES, CAdES and XAdES.
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If the candidate already has a certificate
Applicants are invited to check that their certificate complies with the regulations set out above.
If this is not the case, they are invited to contact the certification authority that issued their
electronic certificate in order to renew it.
CAUTION: When you sign, the deposit platform verifies the entire certificate. It is therefore
essential to install the certification authority's chain of trust (or root certificate) in addition to the
certificate. This can be downloaded from the website of the certification authority chosen by the
applicant.
Administrative form
When submitting their offer on the online application platform, candidates must complete an
online administrative form in the terms provided by the platform.
The administrative form completed online does not replace the application form which must
be attached to the application file.
The application form in spreadsheet format (available on the CRE website) must be completed and
attached to the application file along with the other documents.
Where the same information is requested via the platform and in the application form, the same
terms must be used in the reply.
The platform enables the documents posted online to be associated with the compulsory or
optional documents provided for in the specifications. In particular, the format specified in the
specifications for each of the documents must be respected in order to be able to make this
association.
To finalise the submission of a tender, at least one document must be associated with each of the
mandatory documents.
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Annex 5: Model delegation of signature
Signed in on ,
Signature of the legal representative preceded by the words "Bon pour pouvoir
Representative's title
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Appendix 6: Model request for project modifications
Application to modify a winning project in the call for tenders for the construction and
operation of onshore wind-powered electricity generation facilities.
Modifications requested
(show only the lines concerned)
Project as described in the Project for which the
tender offer modification is requested
Producer (Company name and
Kbis)
Plant capacity (MW)
Location
Other
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Appendix 7: Documents required in 3.3.4 for different authorisation schemes
ICPE acquired under the Any facility that meets the Building permit +
grandfathering conditions set out in the law prefectoral decision granting
system of 12 July 2010 to benefit prior rights or proof of
from the grandfathering filing of the declaration of
system prior rights issued
under ICPE
ICPE declaratory regime 26/08/11 Proof of submission
(wind farm consisting of of the declaration
wind turbines with a mast issued pursuant to
height of less than Article
50 m and at least one wind R. 512-48 of the
turbine with a maximum Environment Code or
mast height of 12 m or more Order
and a total installed capacity préfectoral pris en
of less than 20 MW) application de l'article
+ R. 512-52 of the
PC Environment Code
+
Planning permission
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Appendix 8: Assessment of local content
The Candidate whose bid is selected is responsible for completing the table below. They may, if they
wish, include this table in their subcontracts. Each subcontractor then calculates its own local French and
European content and sends it to the project leader.
The process is iterative and ends after the rank subcontractors indicated in the table below In the case of a
supplier located in a country outside the European Economic Area in rank 1 or 2, the process ends for the
lot or sub-lot covered by this supplier, the applicant will indicate a local French and European content of
0%. If necessary, the project leader may revise this value if he is aware of the supplier's subcontracting
chain, providing justification in the comments.
The total local content of the project is calculated by weighting the different percentages of local content
by their financial weight in the project.
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Total
cost Percentage Percentage Companies and
of the of of European production
local Comments
batch French local sites
content
(M€) content French Europeans
Studies and pre- project monitoring, naturalist studies,
DEVEX engineering topo, wind energy potential, impact
development project study,
phase geotechnical engineering, notary fees, etc.
Financing audit, arranging financing, etc.
TOTAL
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