2.1.1.
Formål
Kontraktens hovedformål: Bygge- og anlægsarbejder
Primær klassifikation (cpv): 45000000 Bygge- og anlægsarbejder
Supplerende klassifikation (cpv): 31121320 Vindturbiner, 31121330 Vindturbinegeneratorer, 31121340 Vindmøllepark, 31160000 Dele til elektriske motorer, generatorer og transformatorer, 31170000 Transformatorer, 31213400 Distributionssystem, 31300000 Isolerede ledninger og kabler, 45244000 Arbejder til havs, 45244100 Havanlæg
2.1.2.
Udførelsessted
Landsdel (NUTS): Vestjylland (DK041)
Land: Danmark
Yderligere oplysninger: The location site of the Offshore Wind Farm is further specified in the procurement material, Appendix 2 (Location of the Concession Area).
2.1.4.
Generelle oplysninger
Yderligere oplysninger: Regarding tender submission deadline: Please note that due to a system error, the deadline for submission of tender is displayed in a different time zone. The deadline for submission of tender is 20 May 2026 at 14:00 p.m. (local Danish time). Regarding supplementary information: The Danish Energy Agency may use the procedure of section 159(5) of the Danish Public Procurement Act in the event that tenders do not comply with the formal requirements of the tender documents. Regarding tender validity: The Tenderer must keep its tender open for acceptance for eight (8) months from expiry of the tender submission deadline. If the DEA considers it appropriate due to delays resulting from the procedures pursuant to Regulation (EU) 2022/2560 on foreign subsidies or the Danish Investment Screening Act, the DEA may invite all Tenderers to accept an extension of the period in which they must keep their tenders open for acceptance. All Tenderers will in this situation be free to decide whether to accept the extension of the tender validity period as proposed by the DEA. Where a Tenderer does not accept an extension of the tender validity period, the tender of such Tenderer will expire at the end of the initial tender validity period of eight (8) month from the tender submission deadline and such Tenderer will no longer be considered for the award of the Concession Agreement. If Regulation (EU) 2022/2560 on foreign subsidies does not prevent the award of the Concession Agreement at such time, the DEA may at any time choose to award the Concession Agreement to the Tenderer who has submitted the tender with the lowest bid price, subject to this Tenderer obtaining the necessary authorisation pursuant to the Danish Investment Screening Act if relevant. In this case the Tenderer, to whom the DEA awards the Concession Agreement, must keep its tender open for acceptance until conclusion of the Concession Agreement. Regarding the estimated value of the concession: The estimated value of the concession is 15,700,000,000.00 DKK covering the required establishment of an offshore wind farm with a production capacity of electricity of 1 GW. Regarding the decision not to divide the contract into lots: Due to the contract’s technical characteristics, financing conditions, risk and liability allocation, and the need for long-term operational optimization, the DEA deems that dividing the contract into lots would not be appropriate. The contracting authority therefore finds that a single concession contract will ensure the most advantageous technical and economic solution, as well as the optimal allocation of risk and responsibility. Regarding the exclusion grounds: Furthermore, a Tenderer must include in the tender an ESPD, as described further in the Procurement Specifications, section 6 and 7, as preliminary proof of the conditions specified in section 148 of the consolidated act no. 116 of 3 February 2025 (Danish Public Procurement Act) with later amendments. Upon request, the Tenderer to whom the DEA intends to award the Concession Agreement, or all Tenderers must submit documentation regarding the information stated in the ESPD, cf. section 151(1) or 151(2) of the Danish Public Procurement Act. Furthermore, if the Tenderer relies on the capacity of other entities and/or if the Tenderer consists of a group of economic operators a separate ESPD, must be submitted for each of the participating entities and the ESPD shall each contain the relevant information. If the Tenderer relies on the capacities of other entities and/or if the Tenderer consists of a group of economic entities, the documentation regarding the information stated in the ESPD must be submitted for each participating entity. The documentation regarding the exclusion grounds can consist of the following: - An extract from the relevant register, such as judicial records or, failing that, of an equivalent document issued by a competent judicial or administrative authority in the Member State or country of origin or the country where the economic operator is established showing that the economic operator is not covered by the exclusion grounds listed in section 135 (1) of the Danish Public Procurement Act, and - A certificate issued by the competent authority in the Member State or country concerned, showing that the economic operator is not covered by the exclusion grounds listed in section 135 (3) and section 137 (1), no. 2. Where the Member State or country in question does not issue such documents or certificates, or where these do not cover all the exclusion grounds, they may be replaced by a declaration on oath. In Member States or countries where there is no provision for declarations on oath, a solemn declaration made by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade body, in the Member State or country of origin or in the Member State or country where the economic operator is established, may be used. It is accentuated that the documentation must also include documentation regarding the exclusion ground in section 135 (2) of the Danish Public Procurement Act. The DEA will generally accept the documentation, which is listed in e-Certis for the relevant country, cf. section 152 (3) of the Danish Public Procurement Act. For groups of entities, and/or if a Tenderer relies on the technical and professional capacity of other entities, documentation regarding such other entities must also be provided. Where a Tenderer is covered by one of the exclusion grounds as stated under the section "Participation" and further in the Procurement Specifications, the DEA will allow the Tenderer to demonstrate its reliability in accordance with section 138 of the Danish Public Procurement Act. Reference is further made to the Procurement Specifications, section 6 and section 11. Regarding international sanctions: Attention is drawn to Article 5k in Regulation (EU) No 833/2014 as amended by Regulation (EU) 2022/576 which applies for the procurement procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). The DEA may at any time during the procurement procedure require that the Tenderers prove that they are not covered by the prohibition, for example by requiring documentation regarding the Tenderers’ and any subcontractors’ place of establishment and ownership. Annex D, Declaration regarding sanctions against Russia, may be used. Regarding prerequisites for award of the Concession Agreement: The Tenderer shall, as part of the tender, submit a notification/declaration concerning any financial contributions received from third countries, see Article 29 of Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. Whether a notification or a declaration must be included in the tender depends on the threshold in art. 28, para. 1, point (b), of Regulation (EU) 2022/2560. The obligation is further elaborated in the Commission Implementing Regulation (EU) 2023/1441 of 10 July 2023, particularly in art. 5. The Tenderer shall submit the notification/declaration concerning any financial contributions received from third countries by using the form FS-PP in Annex II of the Implementing Regulation (EU) 2023/1441. The Tenderer is encouraged to engage in prenotification discussions with the European Commission Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs in sufficient time prior to the notification, see for more information Implementing Regulation (EU) 2023/1441, Annex II, the Introduction, part 6, on ‘Pre-notification contacts and waiver requests. Reference is furthermore made to the Procurement Specifications, section 7. Regarding prerequisites for conclusion of the Concession Agreement: According to the Investment Screening Act, statutory order no 1256 of 27 October 2023, economic actors, i) domiciled outside the EU or EFTA, or ii) who are under the control of or subject to significant influence as defined in the Act from a domiciled business or citizen from a country outside the EU or EFTA, must apply for and obtain authorization to conclude the Concession Contract, if the Tenderer’s conclusion of the Concession Agreement is subject to the Act. The Tenderer is advised to clarify whether their conclusion of the Concession Contract is subject to the authorization requirement under the Danish Investment Screening Act. For more details on the authorisation procedure including the relevant information to be provided to the Danish Business Authority, the DEA refers to the Danish Business Authority webpage or via this link: https://businessindenmark.virk.dk/topics/Economy/Investments/. Further, the Danish Business Authority can be reached by e-mail: fdi-screening@erst.dk for further guidance. Reference is furthermore made to the Procurement Specifications section 3.1 and section 11.2.
Retsgrundlag:
Direktiv 2014/24/EU
Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments - The directive 2014/24/EU on public procurement as implemented into Danish law by the Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments (in Danish: Udbudsloven).
2.1.6.
Udelukkelsesgrunde
Kilder til grundlag for udelukkelse: Bekendtgørelse
Korruption: If the Tenderer is covered by the mandatory exclusion ground stated in section 135 (1), no. 2, and section 135 (2), of the consolidated act no. 116 of 3 February 2025 (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Svig: If the Tenderer is covered by the mandatory exclusion ground stated in section 135 (1), no. 3, and section 135 (2) of the consolidated act no. 116 of 3 February 2025 (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Hvidvaskning af penge eller finansiering af terrorisme: If the Tenderer is covered by the mandatory exclusion ground stated in section 135 (1), no. 5, and section 135 (2) of the consolidated act no. 116 of 3 February 2025 Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Deltagelse i en kriminel organisation: If the Tenderer is covered by the mandatory exclusion ground stated in section 135 (1), no. 1, and section 135 (2), of the consolidated act no. 116 of 3 February 2025 (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: If the Tenderer is covered by the mandatory exclusion ground stated in section 135 (1), no. 4, and section 135 (2) of the consolidated act no. 116 of 3 February 2025 Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Børnearbejde og andre former for menneskehandel: If the Tenderer is covered by the mandatory exclusion ground stated in section 135 (1), no. 6, and section 135 (2) of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: If the Tenderer is covered by the mandatory exclusion ground stated in section 136 (1), no. 4 of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Afgivelse af urigtige oplysninger, tilbageholdelse af oplysninger, ude af stand til at fremlægge de dokumenter, der anmodes om, eller indhentede fortrolige oplysninger i forbindelse med denne procedure: If the Tenderer is covered by the mandatory exclusion ground stated in section 136 (1), no. 3, of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure. For the avoidance of doubt, the voluntary exclusion ground stated in the Danish Public Procurement Act, section 137 (1), no. 5, is not applicable under this procurement procedure.
Interessekonflikt som følge af deltagelse i udbudsproceduren: If the Tenderer is covered by the mandatory exclusion ground stated in section 136 (1), no. 1 of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: If the Tenderer is covered by the mandatory exclusion ground stated in section 136 (1), no. 2 of the consolidated act no. 116 of 3 February 2023 (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Tilsidesættelse af forpligtelser vedrørende betaling af bidrag til sociale sikringsordninger: If the Tenderer is covered by the mandatory exclusion ground stated in section 135 (3) of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Tilsidesættelse af forpligtelser vedrørende betaling af skatter og afgifter: If the Tenderer is covered by the mandatory exclusion ground stated in section 135 (3) of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Erhvervsvirksomheden er indstillet: If the Tenderer is covered by the voluntary exclusion ground stated in section 137 (1), no. 2 of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Konkurs: If the Tenderer is covered by the voluntary exclusion ground stated in section 137 (1), no. 2 of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Tvangsakkord uden for konkurs: If the Tenderer is covered by the voluntary exclusion ground stated in section 137 (1), no. 2 of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Insolvens: If the Tenderer is covered by the voluntary exclusion ground stated in section 137 (1), no. 2 of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
Aktiver, der administreres af en kurator: If the Tenderer is covered by the voluntary exclusion ground stated in section 137 (1), no. 2 of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.
En situation, der svarer til konkurs i henhold til national ret: If the Tenderer is covered by the voluntary exclusion ground stated in section 137 (1), no. 2 of the consolidated act no. 116 of 3 February (Danish Public Procurement Act) with amendments, the Tenderer shall be excluded from participating in the procurement procedure.