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Clarification 04

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					DATE: 30/September/2011


REF: TENDERING PROCESS No. 913112043 – IMPLEMENTATION OF THE MEGAWATT SOLAR
PROJECT.


CLARIFICATION No. 04

We have written bellow the requests for clarification of the probable BIDDER, in relation to the PUBLIC
INVITATION TO BID in reference:


QUESTION 1:
Item 10.2 of Instructions to Bidders requires the presentation of preliminary accreditation documents for
each company member of the consortium as said in IP-11 – CONDITIONS TO GET PRELIMINARY
ACCREDITATION.
This item requires all the certificates of operational and professional technical capacity, so could just one
member of the consortium present the certificates of operational and professional technical capacity?
(Since this is the subject of the consortium, to joint manufacture and execution capacities from one
company with the proved experience (certificate) of another one.)

QUESTION 2:
Item 11.1.5.5 establishes that the joint responsibility of the members of the consortium for the actions
carried out by the consortium as a whole does not vacate the need to substantiate the qualifications of
each company member of the bidding consortium.

ANSWERS 1 and 2:
Item 11.1.5.3 rules about it:
"11.1.5.3        In case the BIDDER is represented by a consortium, each of its members shall have to
                 substantiate their qualifications to execute the Products/Services for which it shall be
                 responsible. The sum of the qualifications stated in the Technical Capacity Certificates for
                 each member of the consortium shall be accepted as proof of the above.”


QUESTION 3:
Item 10.5 of Instructions to Bidders requires that each member of the consortium grants power of attorney
to the leading company to represent them before the CONTRACTING. Will be the power of attorney really
need since, in the terms of consortium constitution, this condition is already required? Shall this power of
attorney be presented at the accreditation phase or it shall be presented only if the consortium is the
winner of the tendering process?

ANSWER 3:
Yes, it is necessary to present the Power of attorney according to item 10.5. The power of attorney shall
be presented with the Preliminary Accreditation Documents.


QUESTION 4:
Shall all the companies, members of consortium, present the representation regarding the labor of minors
and degrading labor according to item 11.1.3 or it is enough the leading company only to present such
document? In case of foreign company, could the representation be presented in English?

ANSWER 4:
All the companies shall present the document, according to item 10.2:
“10.2      The presentation, by each company part of the consortium, of the Preliminary Accreditation
           Documentation required in ITB-11 – TERMS FOR PRELIMINARY ACCREDITATION”
The note of item 11.2 presents the way how the Accreditation Documents for ALIEN BIDDERS shall be
presented:



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“11.2.       ALIEN BIDDERS must present the Preliminary Accreditation Documents that have been
             listed to wit:

             Note:

         In the case of ALIEN BIDDERS, all the accreditation documentation (whether in original form or as
         copies) must have been notarized (as the case may be) and it must bear the Consular Seal
         affixed by the Brazilian Consular Authority at its country of origin, and it must have been translated
         into Portuguese by a certified public translator both in Brazil and abroad.”


QUESTION 5:
Shall the technical capacity certificates presented by foreign companies be translated? Could it be a
simple translation?

ANSWER 5:
The note of item 11.2 presents the way how the Accreditation Documents for ALIEN BIDDERS shall be
presented:
“11.2.     ALIEN BIDDERS must present the Preliminary Accreditation Documents that have been
           listed to wit:

             Note:

         In the case of ALIEN BIDDERS, all the accreditation documentation (whether in original form or as
         copies) must have been notarized (as the case may be) and it must bear the Consular Seal
         affixed by the Brazilian Consular Authority at its country of origin, and it must have been translated
         into Portuguese by a certified public translator both in Brazil and abroad.”


QUESTION 6:
Item 11.1.5.3 requires that each member of the consortium shall prove the qualification to execute the
products under their responsibility, being accepted the sum of qualifications. Could one member of the
consortium do not present the certificate and the other ones present it?

ANSWER 6:
No, all members shall present the certificates. Item 11.1.5.5 says:
“11.1.5.5. The joint responsibility of the members of the consortium for the actions carried out by the
           consortium as a whole, as required by this PUBLIC INVITATION TO BID, and based on item
           V of section 33 of Law 8.666/93, does not vacate the need to substantiate the qualifications of
           each company member of the BIDDING consortium.”


QUESTION 7:
Do the foreign companies need to present the documents of item 11.2.1 even if they participate in a
consortium that has a Brazilian leading company?

ANSWER 7:
Yes, they do, according to item 10.2:
“10.2      The presentation, by each company part of the consortium, of the Preliminary Accreditation
           Documentation required in ITB-11 – TERMS FOR PRELIMINARY ACCREDITATION”


QUESTION 8:
Item 11.2.4.6 requires that foreign companies indicate one representative in Brazil to provide technical
and commercial services. Is it needed for the foreign company, member of the consortium which has a
Brazilian leading company, to indicate the representative? Or is it not needed since there already is the
Brazilian leading company to represent the consortium?

QUESTION 9:


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According to the preliminary accreditation for foreign bidders, item 11.2.4.6 of Instructions to Bidders
mentions the need of appointing “a representative in Brazil to provide technical and commercial services,
as well as to act as the consortium’s legal representative in case of casualties, including those that may
occur under the umbrella of the technical warranty offered by the vendor.”
We understand that if the foreign company participates of the tendering process in a consortium, which
the leader is a Brazilian company, the said appointment of a representative in Brazil is unnecessary, since
the leader Brazilian company is the consortium’s representative, according to item 10.3, paragraph “a”.

ANSWERS 8 and 9:
The requested representation in item 11.2.4.6 refers exclusively to the provision of “technical and
commercial services, as well as to act as the consortium’s legal representative in case of casualties,
including those that may occur under the umbrella of the technical warranty offered by the vendor.” The
document shall be presented, no matter the entity that will provide the services, whether is individual or
legal entity, member of a consortium or not.


QUESTION 10:
We would like to know if it is possible to participate of the tendering process Megawatt Solar Project, no.
913112043, more than two companies in consortium.

ANSWER 10:
The understanding is correct.


QUESTION 11:
Item 10.3, subitem d), requires that the leading company indicates a general coordinator to be responsible
for the consortium before Eletrosul. Shall this indication occur at the compromise of the consortium or just
after the results of the tendering process are published?

ANSWER11:
According to item 10.3, the indication shall be in the private consortium set-up instrument of intent , which
shall be presented with the Preliminary Accreditation Documents.


QUESTION 12:
According to the clarification made in September 13, 2011, the question no. 1 was answered saying “the
professionals indicated in subitems (3) and (4), respectively the electric engineer and the civil engineer
responsible for the works, shall mandatorily have registration at CREA (Regional Council of Engineering,
Architecture and Agronomy) and shall prove experience by presenting the technical documents registered
at this Technical Council”.
However, the technical norm indicated in Part III – Technical Documents, file SLMS-L-EPET-GRL-G01-
0100-0B, refers to the CONTRACTOR, i.e. it is the proof of the staff organization chart which shall be
proved after win the tendering process, isn’t it? Because it is not a requirement of preliminary qualification,
once it is not in the PUBLIC INVITATION TO BID. I would like to confirm this understanding.

ANSWER 12:
The understanding is correct.




QUESTION 13:
We understand that in case of a consortium composed by a Brazilian company and a foreign company,
the Brazilian company shall be the consortium leader, even though it is not that technically qualifies.
Please, confirm the understanding.

ANSWER 13:
Yes, your understanding is correct. According to the item 10.1 of Instructions to Bidders:
        “The leading consortium company must mandatorily be:


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                    - one of the companies which has technically accredited the consortium (in
                    compliance with ITB – Technical Qualification), in the case of consortiums established
                    only by Brazilian companies or only by Alien companies;
                    - one of the Brazilian companies, in the case of consortiums established by Brazilian
                    and Alien companies.”


QUESTION 14:
We understand that all the accreditation documents of foreign bidder, whether original or copy, shall be
notarized and bear the Consular Seal given by Brazilian Consular Authority in its original country and it
shall be translated to Portuguese by sworn public translator in Brazil or abroad. Except the presentation
letter (12.1.1) and the BID itself, which may be written in English. Please, confirm the understanding.

ANSWER 14:
Yes, your understanding is correct.


QUESTION 15:
We would like to confirm if it is possible to install PV modules on the central area of Eletrosul’s building,
no. 15 in the document SLMS-L-EPET-GRL-G01-0615-0B [FLS1-42A-0105].

ANSWER 15:
Yes, it is possible to install the PV modules on the areas that are marked with the number 15 in the
document SLMS-L-EPET-GRL-G01-0615-0B [FLS1-42A-0105].
These areas were wells of zenithal lighting covered by domes. The structures were removed and, in their
places, were installed the roof coverings that exist today.


QUESTION 16:
In item 13.5 of the document Instructions to Bidders there is a list of the documents to be delivered with
the technical part of the BID. In this item there is not any reference to obligation of inclusion of work
schedules, organization charts or curriculum vitae, though these documents are being requested in
SLMS-L-EPET-GRL-G01-0100-0B. Please, make it clear whether these documents shall be delivered with
the BID. We also would like to request a complete list off all documents that must be delivered with the
BID.

ANSWER 16:
The proof of staff qualification, according to the requesting in the document SLMS-L-EPET-GRL-G01-
0100-0B, section 3.3, shall be presented by the CONTRACTOR, the winner of the tendering process, so it
is not necessary to present the document in the BID.
The technical documents that shall be delivered with the BID are listed in section 13.5 – SECTION D –
TECHNICAL DOCUMENTS OF THE BID of the Instructions to Bidders.


QUESTION 17:
We understand that Eletrosul will evaluate the bidders through the software PVSyst based on the data
presented by them in their bids mainly in Module 3, i.e. the bidders do not have to present any simulation
since it will be done by Eletrosul. Please confirm the understanding.

ANSWER 17:
The bidder companies do not need to present the simulation results. However, the bidders need to
declare the guaranteed yield energy that will be produced by the PV system that the company is offering.
This value will be compared with Eletrosul’s simulation, which is made based on the information presented
by the bidder about the characteristics of modules and inverters, system array, transformers, etc,
according to item 13.5.2 of Instructions to Bidders. These information shall be present by the bidders in
the document SLMS-L-EPET-GRL-G01-0500-0B, Module 5 of Technical Documents – Part III of the
PUBLIC INVITATION TO BID, according to the requesting in item 13.5.1.1 of Instructions to Bidders.




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QUESTION 18:
We understand that in case of consortium of national company (that does not manufacture the good) and
foreign company the higher acceptable LDI is 28,35%. Please confirm the understanding.

ANSWER 18:
The application of LDI shall comply with the said in item 13.4 SECTION C – PROFIT AND INDIRECT
COSTS (LDI).


QUESTION 19:
In point 4.3.4 of the General Requirements (SLMS-L-EPET-GRL-G01-0200-0B), you set the standards the
inverters must meet. You require us to comply with UL1741 (American network) as well as with the
EN50178-G83/1 (Europe application - only Great Britain). It is rather difficult to comply with both. Is it that
possible that there is a mistake here?

ANSWER 19:
It is true that there may be a conflict between UL and EN standards
In the case of the General Requirements for the inverter (SLMS-L-EPET-GRL-G01-0200-0B, Table 4-12),
the cited standards are generally applicable for power devices and may exceed the necessary
characteristics for a PV inverter. The requirements for inverters are well defined in the Technical
Specification (SLMS-L-EPET-GRL-G01-0300-0B.pdf, Table 5-2)
Additionally, the CELESC grid code (SLMS-L-EPET-GRL-G01-0622-0B) should be respected when
connecting and designing the system.


QUESTION 20:
Your answer to Question 09 – Clarification no. 02 says that a foreign company may qualify technically the
consortium even though this company is not the consortium’s leader (which would be the Brazilian
company, mandatorily).
Please, make it clear if this also apply to a consortium between Brazilian companies: can the leader
company be other than the one that qualifies technically the consortium?

ANSWER 20:
No, it cannot. Item 10.1 rules about the question:
“10.1       The leading consortium company must mandatorily be:
            - one of the companies which has technically accredited the consortium (in compliance with
                  ITB – Technical Qualification), in the case of consortiums established only by Brazilian
                  companies or only by Alien companies”


QUESTION 21:
We request a clarification concerning the item 11.1.1.1 of the Public Invitation to Bid about legal
accreditation: “Enrollment as a businessman in the Roster of Mercantile Companies at its Jurisdiction
(Board of Trade).” We are a corporation and we would like to know if this situation applies to our company.


ANSWER 21:
Each subitem of item 11.1.1 refers to one type of company/corporation. In the case of corporation, please,
present the item 11.1.1.2 only:
“11.1.1.2. Valid Incorporation Papers – Bylaws or Articles of Association and Minutes of the General
             Stockholder’s Meeting together with their respective, duly posted amendments, accompanied
             of the documents substantiating the election of the current Executive Board (in case of
             Corporations).”


QUESTION 22:
Shall all the qualification documents have the Consular Seal? Even the one that is sent in its original form,
for instance the Power of attorney for our company’s representative in Brazil, and the financial
documentation?


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ANSWER 22:
Yes, they all shall have Consular Seal. The Note of item 11.2 confirms the demand:
“11.2.       ALIEN BIDDERS must present the Preliminary Accreditation Documents that have been
             listed to wit:

            Note:

            In the case of ALIEN BIDDERS, all the accreditation documentation (whether in original form
            or as copies) must have been notarized (as the case may be) and it must bear the Consular
            Seal affixed by the Brazilian Consular Authority at its country of origin, and it must have been
            translated into Portuguese by a certified public translator both in Brazil and abroad.”


QUESTION 23:
How long is valid the Guarantee as to Faithful Compliance valued in 5%? Is it just for 3 months that refer
to the construction period or it shall include the acceptance period of 2 years?

ANSWER 23:
Item 3 of the Twenty-eighth Section – Guarantee as to Faithful Compliance of Part I – Agreement (draft)
rules about the question:
“3          Said Guarantee shall remain in effect until such a date when the CAF – Final Acceptance
            Certificate has been issued, after which it shall be construed to be void and without effect.”


QUESTION 24:
IP15 says the BID effectiveness is 90 days. However, in Part II – The BID, the validity said in the text is 60
days. The effectiveness that with we shall comply is the 90 days, in the IP15, isn’t it?

ANSWER 24:
The effectiveness is wrong in Section A – The Letter Containing the BID of Part II – The BID. The correct
is 90 days, as it is said in IP15 of Instructions to Bidders.


QUESTION 25:
In the document Scope of Works (SLMS-L-EPET-GRL-G01-0100-0B), item 3.6, Civil and Mechanical
Works, it is said that is need the construction of an “access to the elevator shaft to move the inverter and
transformer into/out of the elevator machine room”. Which specific works are needed to create this
access? Will it be done outside the building with a crane or it will be inside the building?

ANSWER 25:
In Part III – Technical Documents, file SLMS-L-EPET-GRL-G01-0100-0B, section 3.6, the following
requirements concerning the civil works are specified:
          “…construct access to the elevator shaft to move the inverter and transformer into / out of the
          elevator machine room;”
And that is detailed better in Part III – Technical Documents, file SLMS-L-EPET-GRL-G01-0300-0B,
section 3.1.3:
          “The CONTRACTOR must envisage the adaptation of the trapdoor of the elevator shaft to
          appropriate dimensions, or else the opening of a new trapdoor to allow the installation,
          replacement and/or removal of said equipment for repairs and for maintenance, in the event that
          the existing trapdoor prevents the removal/insertion of said equipment.”
This said, the conclusion is that the CONTRACTOR, in the purpose to facilitate the maintenance
processes, shall guarantee the access to the machinery room through the trapdoor, allowing the
installation and removal of the equipments (inverters, transformers, electric panels, etc). Whether the
equipment’s dimensions are greater than the existing trapdoor, it must be adapted by the CONTRACTOR
or a new one must be created.
However, it is up to the CONTRACTOR choose the better way to take the equipments to the building’s
roof, whether by inside or by outside (using a crane or similar).



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QUESTION 26:
In the document Technical Specifications (SLMS-L-EPET-GRL-G01-0300-0B), Section 3.1.3, it is said that
is CONTRACTOR’s responsibility do the stability studies of the existing structure on Eletrosul’s building
roof covering and to execute the needed services for it stand 25 years without maintenance. Whether is
necessary reinforcement of the existing structure or other kind of service to be executed on it, will the
costs be borne by the CONTRACTOR? If yes, shall they be included in the price we offer to the Project or
it will be reviewed later?

ANSWER 26:
As specified in the same paragraph in Parte III – Technical Documents, file SLMS-L-EPET-GRL-G01-
0300-0B, section 3.1.3, the CONTRACTOR shall “elaborate and execute whatever services may be
needed to assure the useful lifecycle of this metallic structure and of the existing zinc-plated roof coverings
for at least twenty-five (25) years without any need of intervention for maintenance purposes”. So, this
service is part of the PUBLIC INVITATION TO BID and the costs to provide it must be included in the
price offered by the BIDDER.


QUESTION 27:
In the document Technical Specifications (SLMS-L-EPET-GRL-G01-0300-0B), Section 8.2.2.5.2, is said to
implement a showroom in the Metering Cabinet. We need more information about the details of the
showroom.

ANSWER 27:
In Parte III – Technical Documents, file SLMS-L-EPET-GRL-G01-0300-0B, section 8.2.2.5.2, it is said how
to proceed on the showroom installation:
             the local must be appropriated for visitors, i.e., people cannot be exposed to any kind of
           hazard from the installation;
             the local must have one or more LCD monitors showing information about the PV plant and
           the Experimental Project, as request in Table 8-8 of the said document above;
             one window of wired glass which allows the visitors see the cubicles with no need to enter
           the room, as specified in section 5.6.7 of the said document above.
This room does not need to be constructed separately of others. It can even shelter the Station 1 – Local
Operation Centre (section 8.2.2.5.1).


QUESTION 28:
Is necessary, in this phase of the Project, to specify the Auxiliary Services equipments: PTs, batteries,
etc?



ANSWER 28:
For the equipments said above (auxiliary services, PTs and batteries), in the BID is only necessary to fill
up the information in the column “Supplied” of Part III – Technical Documents, file SLMS-L-EPET-GRL-
G01-0500-0B, sheet “DC System”. All information that is not declared in the BID is assumed as according
with that is demanded.


QUESTION 29:
Is possible to install the PV modules on the building roof with azimuth zero, in other words, without being
parallel to the parapets?

ANSWER 29:
No, it is not possible. According to Part III – Technical Documents, file SLMS-L-EPET-GRL-G01-0300-0B,
section 3, Table 3-1, item 2.2, the PV panel orientations on the Eletrosul’s building roof (Subsystem 1)
shall be Northeast or Northwest. The PV system layout is showed in section 3.1.2.1 of the said document,
with 2 (two) sections oriented to Northeast and 2 (two) section to Northwest. In the same section there is
an aerial view of the orientative PV system.
Furthermore, in Part III – Technical Documents, file SLMS-L-EPET-GRL-G01-0500-0B, sheet “Plant”, item
2.2, there is a requirement for the orientations: 52° NE and 38° NW.

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QUESTION 30:
In the documents SLMS-L-EPET-GRL-G01-0631-0B and SLMS-L-EPET-GRL-G01-0628-0B it is possible
to see some pipelines of water drainage and of securing water for firefighting under the parking areas
where the PV system will be installed. However I did not see any drawing of gas pipeline. Is there gas
supply in the building? (It is important to know for setting the foundations and ditches.)

ANSWER 30:
There is no gas pipeline in Eletrosul’s area.


QUESTION 31:
In the project is mentioned a power back up and rectifier, and in the project technical characteristics don’t
mention it again, what is it the deal with it? Do we have to provide one or not? And if so where are the
characteristics of it?

ANSWER 31:
The Auxiliary Service System shall be provided according to the requirements presented in Part III –
Technical Documents, file SLMS-L-EPET-GRL-G01-0300-0B, section 5.7. Furthermore, the Auxiliary
Service System must have its characteristics described in the document SLMS-L-EPET-GRL-G01-0500-
0B, sheet “DC System”, item 4, of Part III – Technical Documents of the PUBLIC INVITATION TO BID.


QUESTION 32:
We request the adjustment of the estimated budget because there is a difference in item 4, subitem 4 in
the price sheet below (the difference is in the Portuguese document only).

                ORÇAMENTO ESTIMADO PARA IMPLANTAÇÃO DA USINA MEGAWATT SOLAR
    ITEM Nº 4 - BENS A SEREM FORNECIDOS - EQUIPAMENTOS PARA SISTEMA DE MONITORAMENTO
                                                                           VALOR
                                                                                      VALOR
SUBITEM                   DESCRIÇÃO                    UNIDADE QUANTIDADE UNITÁRIO
                                                                                    TOTAL (R$)
                                                                             (R$)
         Célula fotovoltaica de silício cristalino
         calibrada para medição de referência e sensor
   1                                                      pç       10      1.357,83  13.578,30
         de temperatura de superfície dos módulos,
         incluindo peças reservas
   2     Piranômetro, incluindo peças reservas            pç        3     10.734,72  32.204,16
           Sensor de temperatura ambiente, incluindo
    3                                                        pç             2            433,35        866,70
           peças reservas
    4      Anemômetro, incluindo peças reservas              pç             2             97,49      1.394,98
           Sistema para supervisão e controle local da
           usina (SCADA - hardware e software),
           incluindo, entre outros, dataloggers, unidade
           concentradora, switches, CLPs, cabeamento,
    5      peças reservas, ferramentas especiais,            gl             1         398.391,92    398.391,92
           estações de monitoramento e operação local
           - denominado Sistema SCADA Local nos
           Documentos Técnicos - Módulo 3 deste
           EDITAL
           Sistema para supervisão e controle local do
    6      Projeto Experimental, incluindo datalogger,       gl             1          21.862,39    21.862,39
           cabeamento e estação de monitoramento.
TOTAL DO ITEM Nº 4                                                                                  468.298,45

ANSWER 32:
The unit price of item 4, subitem 4, is wrong. The correct unit price is R$ 697,49. The total price of R$
1.394,98 is correct.




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QUESTION 33:
We did not understand nor get to fill up these two spreadsheets:
COMPOSITION SHEET OF UNIT PRICES – Part II – The BID, page 3-21:
           A – Equipments;
           B – Manpower;
           C – Cost of Material;
           Auxiliary Activities; and
SECTION C – PROFIT AND INDIRECT COSTS – Part II – The BID, page 3-22
When we fill it with the values, the column does not have enough space and we cannot adjust the sheet
proportionally to the size of the numbers. What shall we do?

ANSWER 33:
Each item of service is composed by cost items (Materials, Machinery and Equipments and Manpower),
which shall be described according to the Composition Sheet of Unit Prices that is presented. The Tables
of Section C – Profit and Indirect Costs are working properly for filling.



This clarification is part of the PUBLIC INVITATION TO BID and shall be taken into account in the
preparation of the BID and the other documents.


Sincerely,


Rodrigo de Oliveira Fernandes
Coordinator of the Special Committee for the Tendering Process




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