Zusätzliche Angaben
This notice supplements previous publish notices from Achilles Information A/S regarding the entities mentioned in I) and VI.3's use of the qualification system. "Ørsted Group" means those undertakings in which Ørsted A/S, directly or indirectly:
(i) owns 50 per cent or more of the capital or business assets,
(ii) has the right to exercise 50 per cent or more of the voting rights,
(iii) has the right to appoint 50 percent or more of the members of the supervisory board, the administrative board or bodies legally representing the undertakings, or
(iv) has the right to manage the undertakings' affairs.
Furthermore, "Ørsted Group" also means those undertakings in which undertakings as referred to in (i)–(iv) jointly have the rights or powers listed in (i)- (iv).
The Ørsted Group establish on an ongoing basis new companies in connection with its activities especially within the division working with wind power. New companies that fulfil the definition above will also be contracting entities under the agreement, as long as the new companies' activities are within the usual activities of the Ørsted Group. This includes but are not limited to activities relevant for the Ørsted wind power division which are developing, building and operating wind farms in Europe. New companies are especially (but not exclusively) established in connection with the development, building or operation of new offshore wind farms.
The Ørsted Group, which includes the entities mentioned in section I) as well as VI.3), will not be using electronic auctions, unless explicitly stated in the tender material for the specific tender.
The contracting entities mentioned in section I) and VI.3) might use the procedure described in the Utilities Directive article 50(f) which prescribes that new construction works consisting in the repetition of similar works assigned to the contractor to which the contracting entity awarded an earlier contract, can be awarded without a call for competition, provided that such works conform to a basic project for which a first contract was awarded. This right can be used by the contracting entity up to 3 times for 3 years after the award of the first contract. The conditions for awarding possible additional works are the following:
(a) the performance will be subject to the same contractual terms as the original scope of construction works with the necessary amendments following from the different timing and geographic location of the project;
(b) the contractor must comply with mandatory statutory law in the country where the works are to be performed;
(c) minor necessary adjustments of technical specifications due to site specific matters;
(d) amendment of time schedule to reflect the project for which the repetition of similar construction works is applied.
The qualification system can be used by the entities mentioned in this notice as well as all other entities within Ørsted Group. The entities can procure jointly or standalone by using the qualification system. It will be stipulated in the tender material for the specific tender which entities are procuring and if it is joint procurement or standalone procurement.
The laws of Denmark govern Ørsted Group's use of this qualifications system and any legal dispute arising out of or relating to the use of the qualification system. Any dispute arising out of or in connection with Ørsted Group's use of this qualification system should be brought before the Danish Complaints Board for Public Procurement. Should the Danish Complaints Board for Public Procurement not have jurisdiction to hear the matter or does a complainant wish to challenge the aforementioned complaints board's decision, such legal disputes shall be decided by the city court of Lyngby, Denmark.
Please note that the review body of this notice differs from the review body of the original notices, since the standard form only allows 1 review body to be mentioned. It is only the Ørsted Group which is covered by this notice.