Supplementary information regarding use of Achilles Utilities Nordics and Central Europe qualification system

Hauptort der Ausführung: Contracts in Europe. The list above is not exhaustive, but limitations in the standard form prevents choosing more countries.

This notice supplements previously published notices from Achilles Information AS regarding the contracting

entities mentioned in section I) and VI.2)'s use of the Utilities NCE qualification system that Achilles administer. Further, this notice supplements previously published notices from Elektrownia Wiatrowa Baltica – 2 SP. Z o.o. and Elektrownia Wiatrowa Baltica – 3 SP. Z o.o.

This notice is published on a voluntary basis in order to increase transparency and knowledge about Ørsted Entities' purchases in EU tender procedures.

This notice relates specifically to the contracting entities projects for the development, construction and operation of two offshore wind projects in the Baltic Sea with a total potential capacity of up to 2.5 GW where Ørsted Wind Power A/S is representing the Contracting Entities in the entire tender procedure (‘Entities represented by Ørsted Wind Power A/S’). Entities represented by Ørsted Wind Power A/S might use the UNCE qualification system for procurement of construction works, services and goods for construction, operation and

repairs of wind farms. This notice relates to construction works.

UNCE qualification system can be used for all categories of contracts relevant for the wind farms. Without limiting the Entities represented by Ørsted Wind Power A/S legal rights to use UNCE qualification system for other types of contracts, such contracts includes but not limited to the cables, turbines, foundations including secondary structures, electrical systems, installation vessels, accommodation vessels, supply ships, helicopter services, substations, SCADA systems, communication systems, repairs including main components,

spare parts, consultancy services related to wind farms, IT systems, engineering services, certification services. Further, all types of administrative services inclusive but not limited to procurement services, legal services, accounting services and goods relevant for the group functions can be purchased through the UNCE qualification system. This also includes but is not limited to IT services, management consultancy, facility management, auditing, travel and accommodation.

Entities represented by Ørsted Wind Power A/S will carry out tenders in UNCE qualification systems and encourages any interested suppliers to register in UNCE qualification system. The contracting entities reserves the right to carry out tender procedures by other means i.e. by use of more specific qualification systems published by contracting entities or by use of contract notices in TED.

The CPV-codes referred to in this notice are examples of the works, services and goods that can be purchased through UNCE. These CPV-codes apply in parallel to the CPV-codes stated in previous notices from Achilles and the contracting entities.

Achilles Utilities NCE is of indefinite duration, but supplier information must be updated annually. Suppliers

already qualified on Achilles Utilities NCE will be reminded to renew before the qualification period expires. The

annual qualification fee is ranging from EUR 165 to EUR 715 payable in advance. Suppliers can update their

information during the qualification period.

Suppliers may apply for qualification at any time. To apply the suppliers must complete an order form and pay in advance an annual qualification fee ranging from EUR 165 to EUR 715. The order form with qualification requirements can be obtained here https://pages.achilles.com/achilles-unce-supplier-registration To qualify the suppliers must complete an online questionnaire covering detailed information about their company. Basic commercial requirements must be satisfied. Some buying organisations may have individual requirements in addition to the basic requirements. The suppliers can therefore be asked to answer customer-specific questions related to the qualification. The bidders lists will be based on suppliers that have passed the initial qualification.

Please also refer to the following TED notices: 2021/S 100-265232 (Supplies), 2021/S 100-265153 (Works) and 2021/S 100-265343 (Services).

Continuance of section I.2): The Utilities Directive govern this tender procedure. Any matters not covered by the Utilities Directive will be governed by the following provisions of the Polish Civil Code of 23 April 1964 (consolidated text Journal of Laws of 2020 item 1740 as amended): articles 61 §§ 1-2, 65 § 2, 66 §§ 1-2, 66.1 §§ 1-4, 66.2 §§ 1-2, 67, 68, 68.1 §§ 1-2, 68.2 , 69, 70 §§ 1-2, 70.1 §§ 1-2 and 4, 70.2 §§ 1-3, 70.3 §§ 1-3, 70.4 §§ 1- 2, 70.5 §§ 1-2, 71, 72 §§ 1-2 and 72.1 §§ 1-2.

In case of any discrepancies between the Polish Civil Code and the Utilities Directive including case law from the Court of Justice of the European Union, the Utilities Directive prevails, and in particular, any provisions of the Polish Civil Code, which are not compliant with the Utilities Directive shall be disregarded.

The Contracting Entities might use the procedure described in the Utilities Directive article 50, (f) which prescribes that new Construction works that are repetition of Construction works similar to the scope of this tender and which are awarded to the Tenderer winning this Tender can be awarded without a call for competition. Such procedures might be used for up to three repetitive contracts should the contracting entities decide to purchase similar Construction works in the EU within 3 years from signing of the contract comprised by this tender. The conditions for awarding possible additional construction works are the following: — the performance of the Construction works will be subject to the same commercial terms as the provision of the Scope of Works specified in this prequalification notice with necessary amendments following from the different timing and geographic location of the project. The draft contractual terms will be part of the evaluation criterion ‘Contractual Terms in the tender documents made available in the tender phase, — the contractor must comply with mandatory statutory law in the country, where the individual offshore wind farms for which the Contracting Entities chooses to apply this right to repeat similar Construction works are placed, — minor necessary adjustments of technical specifications due to site specific matters, — amendment of time schedule to reflect the timing of the new project for which the repetition of similar services is applied.

Genaue Angaben zu den Fristen für die Einlegung von Rechtsbehelfen: