Terms and Conditions of The Call For Tenders in France

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Terms and conditions of the call for tenders for the

construction and operation of


Installations for the production of electricity from the mechanical energy of the
wind, located on land.

AO PPE2 Onshore wind power

February 2022 version

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Contents

1. Context and purpose of the call for tenders, definitions .....................................................6

1.1. Context and legislative and regulatory references .............................................................6


1.2. Subject of the call for tenders.............................................................................................6
1.2.1. Eligible installations..................................................................................................6
1.2.2. Application periods, volumes called and deadline for submission of tenders..........7
1.3. Examination of the call for tenders, role of the CRE.........................................................7
1.3.1. Provision of specifications ........................................................................................7
1.3.2. Questions relating to this call for tenders..................................................................8
1.3.3. Receipt and classification of tenders.........................................................................8
1.3.4. Examination of bids ..................................................................................................8
1.3.5. Transmission of the results of the investigation by CRE..........................................9
1.3.6. Information for candidates........................................................................................9
1.4. Definitions ..........................................................................................................................9

2. Eligibility requirements........................................................................................................12

2.1. Compliance with the purpose of the call for tenders........................................................12


2.2. Conditions of authorisation ..............................................................................................12
2.3. No condition of non-completion or exclusion..................................................................13
2.4. Installation news...............................................................................................................13
2.5. Operation by the Candidate..............................................................................................13
2.6. Principle of non-cumulation of aid ..................................................................................14
2.7. Company in difficulty ......................................................................................................14
2.8. Deggendorf rule................................................................................................................14
2.9. Specific conditions ...........................................................................................................14
2.10. Facilities that have already been named winners .........................................................14
2.11. Competitive offers ........................................................................................................14

3. Form of tender and documents to be produced .................................................................15


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3.1. Form of offer....................................................................................................................15
3.2. Electronic signature for filing ..........................................................................................16
3.3. Documents to be produced...............................................................................................16
3.3.1. Exhibit 1: Identification of the Candidate...............................................................16
3.3.2. Exhibit 2: Application form ....................................................................................17
3.3.3. Exhibit 3: Certificate of constitution of the financial guarantee.............................17
3.3.4. Exhibit 4: Environmental authorisation ..................................................................18
3.3.5. Exhibit 5: Delegation of signature ..........................................................................18
3.3.6. Exhibit 6: Provisional business plan .......................................................................19
3.3.7. Exhibit 7 [Optional]: Commitment to collective financing or shared governance.
19
4. Rating of bids ........................................................................................................................19

4.1. Weighting of rating criteria..............................................................................................19


4.2. Price rating (NP) ..............................................................................................................20
4.3. Collective financing and shared governance rating .........................................................20
4.3.1. Group financing (CF) .............................................................................................21
4.3.2. Rating Shared governance (GP) .............................................................................21
5. Procedures following designation of winners.....................................................................24

5.1. Financial guarantees.........................................................................................................24


5.2. Project modifications .......................................................................................................25
5.3. Change of Producer..........................................................................................................26
5.4. Change in shareholder structure.......................................................................................26
5.5. Change of site ..................................................................................................................26
5.6. Supplier or product changes.............................................................................................26
5.7. Change in installed capacity.............................................................................................26
5.8. Other changes...................................................................................................................27
5.9. Changes requiring a new certificate.................................................................................27

6. Obligations of the Candidate after selection of its offer....................................................27

6.1. Submission of connection request....................................................................................27

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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

7.1. Commencement and duration of the contract ..................................................................32


7.2. Calculation of additional remuneration............................................................................32
7.3. Treatment of negative prices ............................................................................................33
7.4. Reference price indexation...............................................................................................33
7.5. Terms of payment of additional remuneration .................................................................34
7.5.1. Frequency................................................................................................................34
7.5.2. Billing and payment - role of EDF and CRE..........................................................34
7.5.3. Buyer of last resort..................................................................................................34
7.6. Procedures for changing the Producer and terminating the contract at the Producer's initiative 35
7.6.1. Change of Producer.................................................................................................35
7.6.2. Termination at the Producer's initiative ..................................................................35
7.7. Controls ............................................................................................................................35
7.8. Penalties ...........................................................................................................................35

Appendix 1: Application form .....................................................................................................37


Appendix 2: Model performance bond .......................................................................................41
Appendix 3: DREAL contact details...........................................................................................44
Appendix 4: Procedures for submitting a bid by electronic means .........................................46
Annex 5: Model delegation of signature .....................................................................................48
Appendix 6: Model request for project modifications...............................................................49
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Appendix 7: Documents required in 3.3.4 for different authorisation schemes......................50
Appendix 8: Assessment of local content ....................................................................................51

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1. Context and purpose of the call for tenders, definitions

1.1. Context and legislative and regulatory references


This call for tenders has been drawn up in application of Section 3 of Chapter 1 of Title 1 of Book
III of the legislative part of the Energy Code, and of Section 2 of Chapter 1 of Title 1 of Book III
of the regulatory part of the Energy Code.

1.2. Subject of the call for tenders


This call for tenders concerns the construction and operation of electricity production facilities
located in mainland France that use mechanical wind energy. Pursuant to Article L. 311-10 of the
Energy Code, any natural or legal person may participate in this call for tenders.
By virtue of 2° of Article L. 311-12 of the Energy Code, the Candidates selected and designated
by the Minister for Energy benefit from a contract for additional remuneration for the electricity
produced, drawn up in accordance with the provisions of Articles L. 311-13-2 to L. 311-13-4 of
the Energy Code and the terms and conditions specified in Section 7 of these specifications.
The fact that a Candidate is selected as part of this call for tenders does not in any way prejudge
the successful completion of the administrative procedures that it is responsible for carrying out, or
the conditions of use of the public electricity networks.
The costs of connection are borne by the Candidate selected. Applicants are encouraged to submit
an early connection request to the relevant network operator before submitting their application, so
that they can receive a connection proposal before the application is completed. This proposal will
give them an estimate of the cost of connecting their project.
The submission of a tender implies an undertaking by the Candidate to comply with all the
obligations of all kinds set out in these specifications if its tender is selected.

1.2.1. Eligible installations


Facilities that are not eligible for a purchase contract issued in application of an order mentioned in
article R. 314-12 of the Energy Code are eligible for this call for tenders.
Facilities are also eligible if, in accordance with the Order of 13 December 2016 setting the
conditions for additional remuneration for electricity produced by electricity generation facilities
using mechanical wind energy, they have a request for an additional remuneration contract
declared complete by EDF or an additional remuneration contract signed in advance that has not
yet taken effect: the characteristics of the Facility mentioned in the Applicant's offer (in particular
power and/or number of masts) may differ from the characteristics mentioned in the
aforementioned contract application or contract signed in advance.

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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.

1.3. Examination of the call for tenders, role of the CRE


Ref: articles R. 311-14 to R. 311-25 of the Energy Code
The Commission de régulation de l'énergie (CRE) is responsible f o r examining this call for
tenders.

1.3.1. Provision of specifications


The present book of specifications is available at on the website
website of the CRE WEBSITE (http://www.cre.fr/documents/appels-d-offres).
Between two periods, any changes to the

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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.

1.3.2. Questions relating to this call for tenders


Ref: article R. 311-18 of the Energy Code.
For each bidding period, questions relating to this call for tenders must be sent to the CRE website
(http://www.cre.fr/documents/appels-d-offres), no later than six weeks before the opening date of
the bidding period.
In order to guarantee Candidates equal access to information, the questions and answers provided
by the Directorate General for Energy and Climate will be made public no later than six weeks
before the Deadline for submitting bids on the CRE website (http://www.cre.fr/documents/appels-
d-offers), subject to respect for the secrets protected by law.

1.3.3. Receipt and classification of tenders


Ref: articles R. 311-17 and R. 311-19 of the Energy Code.

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.

1.3.4. Examination of bids


Within a period of one month from the Deadline for submission of bids, CRE will check the
compatibility of the bids with regard to the eligibility conditions in chapter 2 and the presence and
conformity of the bid documents with regard to the requirements in paragraph 3.3. It carries out
these checks in descending order of the scores calculated on the basis of the information provided
by the Applicant in the application form. In the event of a tie, all eligible projects with the same
score will be ranked equally. Bids whose score is too low to be considered may not be analysed by
CRE.

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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.

1.3.5. Transmission of the results of the investigation by CRE


Ref: article R. 311-22 of the Energy Code
Within one (1) month of the deadline for submitting bids, CRE sends the Minister in charge of
energy the information mentioned in article R. 311-22 of the Energy Code, in particular the list of
bids it proposes to accept and the list of bids eliminated with the reason(s), in a format compatible
with the Ministry's tool for monitoring successful bidders.

1.3.6. Information for candidates


In accordance with article R. 311-23 of the Energy Code, the Minister for Energy designates the
successful candidates and notifies all other candidates that their bids have been rejected. If the
project is not selected as the winner of the call for tenders, the letter stating that the project has not
been designated will result in the return of the guarantee.
Candidates are informed of the results of the tender procedure:
- Individually, via the Ministry of Ecological Transition's project monitoring platform.
Notification is sent by [email protected] to the e-mail address entered in the
application form.
- By publishing the list of successful candidates on the Ministry's website. If this publication
is not followed within 48 hours by the individual message mentioned above, the candidate
may contact [email protected].
A non-confidential version of the tender summary report is published by CRE in accordance with
article R. 311-22 of the Energy Code.
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.

Candidate Legal or natural person designated on the application form

Co-contractor Électricité de France (EDF) in the case o f a remuneration supplement


contract;

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.

EDF Électricité de France

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.

Prefect Prefect of the region where the site is located

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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.

2.1. Compliance with the purpose of the call for tenders


Only facilities that comply with the terms of the invitation to tender (see 1.2) may compete. If a
tender does not comply with these provisions, it will be eliminated.

2.2. Conditions of authorisation


Only Facilities that have obtained authorisation u n d e r Article
L. 512-1 of the Environment Code or equivalent to authorisation under the same article. This
authorisation is one of the documents to be included in the application (see 3.3.4).

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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.

2.4. Installation news


Only new Installations may compete. An installation is considered to be new when work on it
begins after the deadline for submitting bids, with the exception of work to connect it to the grid,
and the main components of the Installation are new on the day it is commissioned.
By way of derogation, for the producers referred to in the second paragraph of 1.2.1, a Facility is
considered to be new when the start of the work linked to the project is subsequent to the complete
application for a contract made under the Order of 13 December 2016 setting the conditions for
additional remuneration for electricity produced by electricity production facilities using
mechanical wind energy, or where applicable subsequent to the application for a purchase contract
referred to in 2° of Article 2 of the said Order and the main components of the Facility are new on
the day it is commissioned.
Items that have never been used before or items that have been refurbished are considered new.
Proof of reconditioning is issued by the company that reconditioned the components and must
cover the duration of the remuneration supplement contract.
Facilities being renewed are considered new if construction work began after the deadline for
submission of bids and the main components of the Facility are new on the day it is
commissioned, in accordance with the previous paragraph.
For the application of this paragraph, the production of electricity and its possible remuneration, as
part of the phases prior to the coming into effect of the Facility's remuneration supplement
contract, does not call into question the novelty of the Facility. The said phases may not exceed a
period of 3 months from the first injection; this period may be extended upon presentation of proof
in the event of a need revealed during the commissioning phase by the tests or upon a duly
justified request to the Minister responsible for energy.

2.5. Operation by the Candidate


The Applicant must be the Producer of the Generation Facility. It may not indicate in its bid
that another company will be the Producer of the Production Facility if the project is selected.
The possibilities and procedures for changing the Producer and its shareholding are indicated
in 5.3 and 5.4. In the event of a change of Producer, the new Producer is bound by the content
of the bid submitted and by the commitments and requirements of these specifications. If the
Producer changes after the contract has been signed, an amendment

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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.

2.6. Principle of non-cumulation of aid


The Producer undertakes that the installation will not receive support f r o m other local, regional,
national or European Union schemes.

2.7. Company in difficulty


The Applicant undertakes not to be a firm in difficulty within the meaning of the Guidelines on
State aid for rescuing and restructuring firms in difficulty, other than financial institutions, in force
at the time the bid is submitted.

2.8. Deggendorf rule


The Applicant undertakes not to be subject to an injunction to recover State aid following a
previous decision by the European Commission declaring aid to be illegal and incompatible with
the common market.

2.9. Specific conditions


Only facilities with a simplified carbon assessment of less than 1,200 kgCO2/kW are eligible.
Wind turbines installed on buildings are not eligible.

2.10. Facilities that have already been named winners


Only Installations that have not already been designated as winners for another period or another
call for tenders, or Installations that have attached to their application either proof of the
withdrawal, cancellation or non-obtaining of an authorisation as indicated in 6.2, or a letter of
agreement from the Minister responsible for energy releasing them from their obligation to build
the installation in application of 6.2, may apply.
If the Candidate submits a bid relating to the same project submitted under one or more previous
periods or a previous call for tenders, the Candidate must indicate this in the application form:
period concerned, for each previous period concerned: envelope number, name of the bid, name of
the call for tenders, period number.

2.11. Competitive offers


If the cumulative power of compliant bids is less than or equal to the power demand, the lowest-
rated compliant bids are eliminated until the volume of eliminated bids is :
• Greater than or equal to 5% of the power of compliant bids when the volume of compliant
bids is greater than or equal to 95% of the power demand;

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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.

3. Form of tender and documents to be produced


When one of the parts
• is missing,
• is not in the specified format,
• is not written in French, or has not been officially translated,
• is illegible,
• is incomplete,
• was not signed electronically by a natural person when it was submitted on the public
purchasing platform,
the offer is eliminated.
In the event of fraudulent declaration, the candidate is liable to the penalties mentioned in 7.8.

3.1. Form of offer


For each bid it submits, the Candidate must submit an application file containing all the required
documents online at the following address http://www.cre.fr/documents/appels-d-offres.
No changes may be made to the bid between the deadline for submitting bids and the decision by
the Minister for Energy designating the winners of the call for bids for the period in question.
Each bid relates to an Installation. If a Candidate submits more than one tender, it must submit as
many tender documents as it has tenders and send them separately. If several bids are submitted in
the same envelope, none of them will be examined.
Each bid is submitted for a single application period. Candidates submitting an Installation for
several application periods must submit a file for each period. If a bid is selected for one
application period, it will not be examined if it is also submitted for a subsequent period (see
2.10).
Bids are submitted on the online platform set up by CRE as mentioned in paragraph 1.3.3. To do
this, the Candidate must have an electronic signature certificate as presented in 3.2.

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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.

3.2. Electronic signature for filing


In order to submit its tender on the dematerialised submission platform, the Candidate must have
an electronic signature certificate obtained in accordance with the procedures specified in
Appendix 4.
If the Candidate is a natural person, the electronic signature certificate must be in their name.
If the Respondent is a legal entity, incorporated or in the process of being incorporated, the
electronic signature certificate must be in the name of its legal representative or in the name of any
natural person duly authorised by the legal representative. In the latter case, the Applicant must
produce a copy (pdf) of the corresponding delegation.
In the event of an application being submitted by several legal entities, the grouping must
designate one of the legal entities as its representative and the electronic signature certificate must
be in the name of the legal representative of the legal entity that is the representative or in the
name of any person duly authorised by that legal representative. In this case, the Candidate must
produce the mandate and the delegation of the legal representative.

3.3. Documents to be produced


Documents must be in French and must be submitted in the format indicated.
If any of the required documents are missing (with the exception of optional documents), the tender will be
eliminated.

3.3.1. Exhibit 1: Identification of the Candidate


Format: pdf.
Candidates must attach to their application the documents corresponding to the category they
have indicated on the application form:
- if the Applicant is a company, a Kbis extract of the Applicant company. For companies in
the process of being incorporated, the Respondent must submit a copy of the Articles of
Association of the company in the process of being incorporated, a certificate of receipt
for the deposit of funds for the formation of share capital and a copy of the deed
appointing the company's legal representative.
- if the Candidate is an individual, a copy of a valid identity document (identity card or
passport).
- if the Respondent is a local authority, an extract from the deliberations relating to the
project covered by the bid.
- in all other cases, any official document attesting to the Respondent's legal existence.

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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.

3.3.2. Exhibit 2: Application form


Format: spreadsheet (xls, calc, odt ...)
The Applicant fills in the application form available on the CRE website. When :
- the form does not comply with the format imposed by CRE and prevents processing
automated bidding ;

- a non-optional field is not filled in,


- the value of the reference tariff T0 indicated in C. of the form is not given clearly, uniquely
and in €/MWh,
- the value of the reference tariff T0 indicated in C. of the form is strictly higher than the
ceiling price in 4.2,
- or the simplified carbon assessment is higher than the ceiling indicated in 2.9,
the tender will be eliminated.

3.3.3. Exhibit 3: Certificate of constitution of the financial guarantee


The tenderer must enclose with its tender a certificate of constitution of the financial guarantee in
accordance with the model in Appendix 2, which must take effect no later than 3 months after
the deadline for submission of tenders for the period concerned.

Financial guarantees can take the form of :


• a first demand guarantee issued in favour of the State by a credit institution or an
insurance or bonding company with the highest credit rating established by an external
credit assessment body recognised by the Autorité de contrôle prudentiel, in accordance
with Article L. 511-44 of the Monetary and Financial Code, or by one of the institutions
mentioned in Article L. 518-1 of the Monetary and Financial Code
• a deposit with the Caisse des Dépôts et Consignations. The terms of the deposit
are described in 5.1.

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.

3.3.4. Exhibit 4: Environmental authorisation


Format: pdf.
The Applicant must enclose a copy of the valid document(s) proving the authorisation(s)
issued under Article L. 512-1 of the Environmental Code or any document in lieu thereof
drawn up in application of the provisions of the Environmental and Town Planning Codes.
Appendix 7 specifies the documents required depending on the authorisation system(s)
concerned.

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.

3.3.5. Exhibit 5: Delegation of signature


Format : pdf
If the tender is not signed directly by the Candidate, in the case of a natural person, or by the
legal representative, in the case of a legal entity, the Candidate must attach to its file a
delegation of signature authorising the person signing the tender.
In the case of a group of legal entities, the delegation of signature must be signed by the legal
representative of the legal entity acting as agent, and the Candidate must also attach the power
of attorney to his application.
A model delegation of signature is provided in Appendix 5.
If the file does not include the necessary delegations of signature or power of attorney, 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.

3.3.7. Exhibit 7 [Optional]: Commitment to Collective Financing or Shared


Governance
Applicants must indicate on the application form (Appendix 1) whether they are committed to
collective financing or shared governance. If the applicant is committed to Shared
Governance, a certificate drawn up by a statutory auditor or an expert must be attached to the
application to show that the provisions have been complied with.

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.

4.1. Weighting of rating criteria


Scoring is based on the following scale:

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.

4.3. Collective financing and shared governance ratings


For the application of the provisions of paragraphs 4.3.1 and 4.3.2 and for the entire duration of
the commitment :

- 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.

4.3.1. Group financing (CF)


In its application form, the Applicant may commit to Collective Financing, i.e. that on the
Completion Date of the Installation and for a minimum of three years thereafter, 10% of the
project's financing will be provided, separately or jointly, directly or indirectly, by :
- at least twenty natural persons; or
- one or more local authorities or groups of authorities.
If the candidate has committed to Collective Financing, the maximum CE mark is 2. Otherwise,
the CE mark is zero.

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:

Candidate's commitment to Minimum proportion of total Malus (€/MWh)


the share minimum of funding provided locally
funding total during the
provided commitment
locally period
0% 2
≥ 10% ]0% ; 10%[ Linear interpolation
≥10% 0

If the minimum number of 20 individuals, local authorities or groups of local authorities is not
reached, the penalty is €2/MWh.

4.3.2. Rating Shared governance (GP)


For the purposes of this section :
- C refers to the minimum share of equity and quasi-equity, as well as the voting rights of
citizens and communities, to which the Applicant has committed itself;
- P is the minimum number of natural persons holding C. The number P to be reached depends
on the proportion C to which the Candidate commits.

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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.

≥ 40% ≥ 30 4 - No other partner or shareholder directly or


indirectly holds 40% or more of the voting
rights.

- 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 greater
than 60% 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:

Undertaking by the Applicant on the Target X achieved Malus


minimum proportion of equity and quasi- over the (€/MWh)
equity and voting rights held by citizens and commitment
local authorities (C)
≥ 1/3 X <1/3 2
≥ 40% 1/3 ⩽ X < 40% 1
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≥ 40% X <1/3 3
> 50% 40% ⩽ X < 50% 2
> 50% 1/3 ⩽ X < 40% 3
> 50% X ⩽1/3 4

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.

5. Procedures following designation of the winners

5.1. Financial guarantees


The duration of the guarantee must cover the project from 3 months after the deadline for
submitting tenders for the period in question or the date on which the successful tenderers are
selected and until 6 months after the date of Completion of the installation (date on which the
certificate of conformity is provided in accordance with the provisions of Chapter 6) or be
renewed regularly in order to ensure such temporal coverage. If the project owner opts for a
regularly renewed guarantee, each renewal must take place no later than one month before the
expiry of the current guarantee. If the guarantee is not renewed in time, the State may withdraw
the current guarantee.
If the candidate is not a winner, the guarantee is automatically cancelled.
The warranty is discharged within two months of the date of completion of the installation.
The amount of the guarantee is reduced, where applicable and within the limit of the total
amount of the guarantee, cumulatively:
- the amount of the maximum financial penalties provided for in formal notices that have
remained unsuccessful by the date on which the certificate of conformity is provided;

-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:

• Kbis extract less than three months old


• Written request for deconsignment signed by an authorised person, delegation of
signature or power of attorney if the person is not mentioned on the K bis form
• Valid identity documents (less than 3 months old)
• GNI

5.2. Changes to the project


As indicated in Section 6.2, the Respondent shall carry out the Installation in accordance with the
information provided in the application file. However, certain elements of the bid may be
modified after the winners have been chosen, in accordance with the terms and conditions
specified in this paragraph.
Modifications are only possible subject to :
• that the changes do not lead to a reduction in one of the offer scores;
• that the changes do not imply non-compliance with the conditions of these specifications;
• that the changes do not call into question the validity of the authorisation referred to in paragraph 1.
3.3.4 or remain within the scope of an amending authorisation.
It is not possible to change the reference tariff proposed in the Offer.
When information from the Prefect is required, the Producer informs the DREAL (department
responsible for energy) in the region where the project is located, either by post (see contact
details in Appendix 3), enclosing a copy of the designation document and the documents proving
that the conditions specified below have been met, or by electronic means in its Potential area,
enclosing the documents proving that the conditions specified below have been met.

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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.

5.4. Change in shareholder structure


Changes to the Applicant's capital structure are deemed to be authorised. The Prefect must be
notified of such changes within one (1) month. To this end, the Producer must send the Prefect
copies of the company's Articles of Association and proof(s) of the shareholder structure. The
Prefect shall inform the new Producer that this information has been received.

5.5. Change of site


Changes to the communes in which some of the wind turbines are located, provided that the
change is limited to the communes adjacent to those indicated in the Offer, are authorised before
the Facility is commissioned under these specifications. The Prefect must be informed of any such
changes.

5.6. Supplier or product changes


Changes to the Suppliers and products indicated on the application form (Appendix 1) are
authorised.
The Prefect must be informed of the above-mentioned changes under the conditions set out in 5.2
before the installation is completed. These changes must not lead to a downgrading of the project.

5.7. Change in installed capacity


Modifications to the Installed Capacity before Completion are authorised, provided that the
modified Installation Capacity is between eighty percent (80%) and one hundred and twenty
percent (120%) of the Capacity indicated in the offer. The Prefect must be notified of any such
modifications.
Modifications after Completion or outside this range are not permitted.
By way of derogation, downward modifications to the Installed Capacity imposed either by a
decision of the State as part of the authorisation procedure, or by a court decision concerning the
authorisation, are accepted. The Prefect must be notified of any such changes.

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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.

5.9. Changes requiring a new certificate


In accordance with article R. 311-27-1 of the Energy Code, in certain cases where modifications
are made after the initial certificate of compliance has been sent, the Producer is obliged to
provide the co-contractor with a new certificate of compliance. These cases are listed below:
- Modification of one of the main characteristics of at least one of the wind turbines:
diameter of the rotor, height of the nacelle, unit power, technology and commercial
reference of the machine.
- Single-line diagram of the Installation, metering diagram.
During these checks, the body in charge of the said checks may be required to verify that certain
unmodified elements comply with the elements mentioned in the bid that may have been
previously modified within the limits set in 5.2.

6. Obligations of the Candidate after selection of its offer


The submission of a tender implies an undertaking by the Candidate to comply with all the
obligations of all kinds set out in these specifications if its tender is selected.

6.1. Submitting the connection request


If its project is selected and if it has not already done so, the Respondent whose bid has been
selected must submit its connection request within three (3) months of the Designation Date.

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.

6.3. Timetable for completion


The Respondent whose bid has been accepted undertakes to ensure that its Installation is
completed before a deadline defined by the later of the following two dates:
- thirty-six (36) months from the Designation Date.
- two months from the completion of the connection work, provided that the Producer has
taken all steps in compliance with the requirements of the System Operator to ensure that
the connection work is completed within the deadline. In this case, the certificate of
compliance must be sent to the co-contractor within 2 months of completion of the
connection work, as evidenced by the date of the invoice for the balance to be paid by the
Producer for its contribution to the cost of the connection.
If this period is exceeded, the contract term referred to in 7.1 is reduced by the period by which it is
exceeded.
Exceptions to the Completion deadline are possible, however, in cases where administrative
disputes concerning any administrative authorisation required for the project have the effect of
delaying the construction of the facility or its commissioning. In such cases, an additional period
equal to the period between the date of the initial appeal and the date of the final decision, as
evidenced by the decision having the force of res judicata, is granted.
Such delays are deemed to be authorised provided that they can be justified to the purchaser.
Additional periods may be granted by the Préfet, at its discretion, in the event of an unforeseeable
event on the Designation Date, outside the Producer's control, and duly justified.

6.4. Assessing local content


In order to obtain the certificate of conformity referred to in 6.5, the candidate whose bid has
been selected must submit an assessment of the local content of its project. This must be in the
format proposed in Appendix 8.
Changes may occur between the information provided on the application form mentioned in 3.3.2
and the assessment of the local content.

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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).

6.5.1. Carbon footprint

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);

the inspection certificate cannot be issued.

6.5.2. Collective financing or shared governance


If the applicant has committed to collective financing or shared governance of the project, it
undertakes to comply with the conditions set out in 3.3.7 of the specifications, failing which it will
be subject to the financial penalties set out in 4.3.
Compliance with this criterion is verified when the certificate of compliance is issued, on the basis
of a certificate drawn up by an auditor or an expert. The certificate is attached to the attestation.
At the end of the minimum commitment period stipulated in 4.3, the Producer shall send the co-
contractor a certificate drawn up by an auditor or an expert demonstrating compliance with the
criterion over this period.

6.6. Waiver of the feed-in tariff or top-up tariff


The Candidate whose bid has been selected waives the benefit :
• any application for a purchase contract or remuneration supplement contract submitted
under an order issued in application of the provisions of articles L. 314- 1 et seq. of the
Energy Code or in application of the provisions of articles L. 314- 18 et seq. of the
same code.

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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.

6.7. Other bonds

6.7.1. General data and operational information exchange system (DEIE)


The Generator complies with Applicable Law with regard to its obligations to inform system
operators and ensure that its Facility complies with technical rules, in particular the connection
agreement.

6.7.2. Provision of documents relating to the Installation


In accordance with Applicable Law, the Applicant shall make the required documentation
available to the Prefect and CRE.
It authorises the transmission by the public distribution or transmission system operators to
Électricité de France of the generation data needed to calculate and invoice the remuneration
supplement. Where applicable, the public distribution system operators may transmit metering
data to the public transmission system operator.

6.7.3. Transmission of production data


The Candidate whose bid is accepted authorises the transmission by the public distribution or
transmission system operators to Électricité de France of the production data required to
calculate and invoice the remuneration supplement. Where applicable, the public distribution
system operators may transmit metering data to the public transmission system operator.

6.7.4. Origin of components


The administrative authority reserves the right to require the Producer to provide a certificate
from the Supplier attesting to the origin of the components covered by the simplified carbon
assessment.

7. Contract for additional remuneration


Subject to compliance with the provisions of these specifications, EDF is required to enter into a
remuneration supplement contract with the successful bidder, setting out the conditions of the
specifications, the characteristics of the bid submitted (installed capacity and reference price) and
the terms and conditions of the contract.

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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.

7.1. Commencement and duration of the contract


The contract takes effect subject to the Producer providing EDF with a certificate of compliance for
its Installation in accordance with 6.3. The contract takes effect on the date requested by the
Producer after provision of this certificate, this date necessarily being the first of the month.
The contract is concluded for the Facility for a period of twenty (20) years, reduced, where
applicable, by the reduction provided for in 6.3. The Facility may cease operating after the
contract has expired.

7.2. Calculation of additional remuneration


The remuneration supplement is defined for a calendar year as follows:
12
CR= ∑ 𝐸𝑖(𝑇 - 𝑀0𝑖)
i=1

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.

7.3. Treatment of negative prices


Over a calendar year, beyond the first 20 hours, whether consecutive or not :
- strictly negative spot prices for next-day delivery recorded on the EPEX Spot SE power
exchange for the France zone, and
- during which the Installation did not produce,

the additional remuneration is increased by the following bonus :

Negative price premium = 0.35.Pmax. T . nnegativeprices


Formula in which :
- T is the reference electricity price in €/MWh referred to in 7.2
- Pmax is the installed capacity of the plant
- prices is the number of hours during which spot prices were strictly negative and
nnegative
during which the installation did not produce, beyond the first 20 hours of negative prices.
These are the strictly negative "spot" periods of the calendar year during which the installation did not
produce.

7.4. Reference price indexation


The reference price T is indexed for the entire term of the contract. Indexation takes place on each
anniversary of the date on which the contract comes into effect by applying the coefficient L defined
below:
ICHTrev-TS1 FM0ABE0000
L = 0.7 +0.15 + 0.15
ICHTrev-TS10 FM0ABE00000
Formula in which :

- (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. Terms of payment of additional remuneration

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.

7.5.2. Billing and payment - role of EDF and CRE


Within five working days of the end of each month, CRE draws up and publishes a summary of
the negative price hours recorded over the past month on the French organised market for
delivery the following day.
Within four weeks of the end of each month, CRE determines and publishes the reference price
M0i .

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.

7.5.3. Buyer of last resort


By way of exception, in accordance with article R. 311-27-8 of the Energy Code and when the
purchaser of last resort is designated by the Minister for Energy in application of article R. 314-51
of the Energy Code, the successful bidder may enter into a purchase contract for the electricity
produced with this purchaser in the cases and under the conditions defined in article R. 314-52 of
the Energy Code.
The feed-in tariff for electricity generated under this article is: Tariff = 0.8.
Etot .T
Formula in which :
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- T is the reference price of electricity in euros per megawatt-hour (€/MWh): this is determined
by the Respondent when it submits its offer (reference price T indicated in C of the
Application Form, given in €/MWh to a maximum of two decimal places). It is indexed in
accordance with the terms of the -.
- Etot is the sum of the volumes of electricity allocated by the System Operator, where
applicable via a formula for calculating losses or a settlement agreement, to the balance
perimeter designated by the Producer for the production of his Facility, 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 necessary for the
operation of the network or to the balancing mechanism. These volumes are net of
consumption by the auxiliaries needed to operate the Facility during the production period
and of electricity that the producer consumes himself (as defined in article L. 315-1 of the
Energy Code), provided that he can prove this consumption and within the limit of an annual
self-consumption rate of 10%.

7.6. Procedures for changing the Producer and terminating the contract at the Producer's initiative

7.6.1. Change of Producer


In the event of a change of Producer at a Facility for which the Producer benefits from the
contract (see 5.3), the terms and conditions of the existing contract for this Facility shall apply to
the new Producer for the remaining duration of the contract. An amendment is signed to this
effect.

7.6.2. Termination at the Producer's initiative


The contract may be terminated at the Producer's initiative. In this case, in accordance with article
R. 311-27-3 of the Energy Code, termination of the Remuneration Supplement Contract at the
Producer's initiative shall give rise to compensation equal to the updated sums received and paid
to the Producer under the Remuneration Supplement Contract from the Effective Date of the
Contract until the date of termination, less, where applicable, the amounts paid by the Producer to
the Co-contractor over this same period, without this leading to the payment of any
reimbursement by the State or the Co-contractor.

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:

Commission de régulation de l'énergie


15, rue Pasquier
75 379 PARIS Cedex 08

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:

Type of company** SME / Large company


Name general of company
(group / parent company)

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.

C. Reference tariff and carbon footprint commitments


The unit reference tariff is given as an exact value, in €/MWh, to a maximum of two decimal places.

The carbon assessment value is given in kg eq CO2/kW, rounded to three decimal places.

Reference unit price T0 €/MWh

Carbon assessment value kg eq CO2/kW

D. GP and FC ratings

Rating Shared governance

The project is subject to a commitment to shared governance Yes / No

Level of commitment 33% - 40% - 50%

Rating Group financing

The project is subject to a commitment to collective financing Yes / No

E. Equipment and technologies

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

Load factor assumption kWh/kW (full power equivalent hours)


Connection
Expected completion date (mm/yyyy) /
Connection capacity (electrical power MW
injected net of auxiliaries)
Estimated cost of connection k€
Estimated amount of investment
Total amount k€
-of which equity capital k€
-of which amount of debt k€
- of which investment grants k€
(please specify)
-including a host of other k€
financial benefits

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G. Local content
G-1) Calculation of local content

Total cost Percentage Percentage Comments


of lot (€M) of local of European
French local
content content* (%)
Development -
Component Turbine
manufacture (supply, transport,
and assembly assembly)

Installation and Civil Engineering


commissioning
Total

*See definition of local content in 1.4.


The total local content of the project is calculated by weighting the different percentages of local content by
their financial weight in the project. The local content indicator is not a criterion for scoring bids.

G-2) Comparison with the national average :


In the summary report for each period, available on the CRE website, CRE publishes a summary of the
local content declared in the application forms for all the applications submitted and the applications that
CRE proposes to accept. A graphic representation in the summary report could be as follows:

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

National average during the National average in the


Local content of the Local content of the National average in the Local content of the
Europea development phase (see manufacturing and assembly
candidate project in the candidate project in the installation phase (see CRE candidate project in the
n content CRE report on the previous phase (see CRE report on the
development phase manufacturing and report on the previous installation phase
period) previous period)
assembly phase period)
Maximum
3rd quartile
median
average
1st quartile
minimum

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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,

(hereinafter referred to as the

"Guarantor"),

IN FAVOUR OF :

The French Republic represented by the Prefect of the "Region", "Address", France

(hereinafter referred to as the "State").

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. Scope and conditions for calling up the Guarantee

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. Independence and autonomy of the Guarantee

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

[Duration according to the specifications].


If the French Ministry of Energy does not accept the Company's application, the guarantee will be
automatically cancelled.

4. Applicable law

This warranty is governed by French 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

Region Postal address


Auvergne Rhône- DREAL Auvergne-Rhône-Alpes
Alpes Service PRICAE - pôle Climat Air Énergie
5 place Jules Ferry (immeuble
Lugdunum) 69006 Lyon Cedex 6

Burgundy DREAL Bourgogne-Franche-Comté


Franche-Comté Mission Régionale Climat Air Énergie
17E rue Alain Savary
CS 31269
25005 BESANÇON CEDEX

Brittany DREAL Bretagne


SCEAL - CAEC
10, rue Maurice Fabre
CS 96515
35065 RENNES CEDEX
Centre-Val de Loire DREAL Centre-Val de Loire/SEEVAC/DEAC
Energy, Air and Climate Department
5, avenue Buffon - CS 96407
45064 ORLÉANS CEDEX 2

Great East DREAL Grand Est


Service Aménagement Energies Renouvelables - Pôle Energies Renouvelables
1, rue du Parlement
BP 80556
51022 Châlons-en-Champagne Cedex
Haut de France DREAL Hauts-de-France
Air, Climate and Energy Cluster (PACE)
Energy, Climate, Housing and Spatial Planning Department 44, rue
de Tournai
CS 40259
59019 LILLE cedex
Île-de-France DRIEAT
Energy, Climate and Vehicles Department
(SECV) Energy, Climate and Air Division
(PEE)
12, cours Louis Lumière
CS 70027
94307 VINCENNES CEDEX
Normandy DREAL Normandie
SECLAD/BCAE
1, rue du recteur Daure
CS 60040
14006 Caen Cedex
New Aquitaine DREAL New Aquitaine
Service Environnement Industriel (SEI)
Département Energie Sol Sous-Sol (DE3S)
Division Energie (DE)
Le Pastel building
22, rue des Pénitents Blancs
87032 LIMOGES CEDEX
Occitania DREAL Occitanie

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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.

It is up to the candidate to submit his offer in the appropriate section.

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:

- http://references.modernisation.gouv.fr/liste-des-offres-référencées - French trusted list


- http://eutsl.3xasecurity.com/tools/ - European trusted lists (including French lists accepted
by the platform).

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.

Mandatory documents - Optional documents

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.

Several documents may be associated with each of the items requested.

Documents may be sent without being associated.

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Annex 5: Model delegation of signature

CERTIFICATE OF DELEGATION OF SIGNATURE

I, the undersigned, last name and first name of the legal


representative as identified by the documents provided in Exhibit 1] legal representative of the company
applying for the call for tenders [references of the call for tenders], hereby
certify that the delegation of signature is given to [surname and first
name of the person to whom the electronic signature certificate relates] to sign and submit the tender for
the project [project title].

Signed in on ,

Signature of the legal representative preceded by the words "Bon pour pouvoir

Name (please print)

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.

Identification of the winning project


(repeat elements as described in the bid)
Project name
Producer
Application period
Plant power
Postcode of the municipality in which the
company is based

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

Diet In force since Documents to be


supplied
Environmental 1 March 2017 in the general Prefectoral
authorisation framework environmental
authorisation
order
Single authorisation 5 May 2014 for the following Prefectoral order
former pilot regions: Basse- for a single
Normandie, Champagne- authorisation
Ardenne, Franche-Comté,
Midi- Pyrénées, Nord-Pas-
de- Calais, Picardie.
1er June 2014 for the
Brittany region.
er
1 November 2015 for
all French regions

ICPE+PC 13 July 2011 Prefectoral operating permit


order + Building permit

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.

masts, nacelles, blades, marketing,


Turbine package transport, assembly, commissioning,
Construction phase acceptance
CAPEX delivery station, supply and installation of
Electricity package cables between wind turbines, telecoms,
Component remote management, ...
manufacture, Civil Engineering earthworks, external works, foundations,
assembly, Batch etc.
installation and
Engineering and AMO, MOE, BET foundations,
commissioning Project technical control, SPS coordination
management
insurance, communication, inauguration,
Various
audit, compensatory measures, etc.
Other (optional) not included above

Maintenance preventive, corrective, retrofit, etc.


administrative monitoring, naturalist
Operating/ OPEX
Operating monitoring, performance monitoring,
phase
compensatory measures,
CAC, ...
Other not included above

TOTAL

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