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Denmark-Copenhagen: Construction work
Section I: Contracting authority
Section II: Object
Thor Offshore Wind Farm Tender
In 2018, all political parties in the Danish Parliament entered into an energy agreement to ensure the green transition and provide security for long term investments. As part of the agreement, the parties decided to establish three new large-scale offshore wind farms before 2030, which will expand the supply of energy from offshore wind by at least 2,400 MW. The first of the three wind farms to be tendered is Thor Offshore Wind Farm. Please see the elaborate description in section II.2.4) and the tender documents at the website referred to in section I.3). Reference is also made to the prior information notice on this tender no. 2020/S 064-152011 published 31 March 2020.
Offshore wind farm and grid connection in the Danish North Sea west of Thorsminde at Nissum Fjord, min. 20 km off the coast north of Nissum Fjord up to POC at Volder Mark.
The tender concerns a concession for the Thor Offshore Wind Farm, which will be located in the North Sea west of Thorsminde by Nissum Fjord at a distance of minimum 20 km from the shore and with a capacity of min. 800 MW and max. 1 000 MW. The concession owner of Thor Offshore Wind Farm will receive subsidies in the form of a price premium for a 20-year period. The subsidies will be granted in accordance with a CfD-scheme designed for this tender. It is a two- way CfD with caps on both the Danish State’s payment to the concession owner and the concession owner’s payment to the Danish State, which will prevent that neither one carries the full risk of the electricity price developing fundamentally different from the forecast. For a more in-depth description of the subsidy scheme please see annex 3.9 of the tender material at the website referred to in section I.3). Preliminary timetable for the tender:
16 November 2020: deadline for questions before pre-qualification
1 December 2020: deadline for application for pre-qualification
Mid January 2020: pre-qualification decided
Mid March 2021: deadline for preliminary bids
April 2021: negotiation process
Early August 2021: Publication of revised tendering conditions and call for final bids
Early November 2021: deadline for final bids
Early December 2021: concession winner appointed
1 January 2025: Grid connection ready
31 December 2027: wind farm must be fully established and connected to grid.
The concessionaire shall carry out installation of the offshore wind farm, including possible offshore substation(s) and the grid connection from the offshore substation to the POC at the nearshore substation on land. Certain results from preliminary surveys are already available as technical background information, please see the above website referred to in section I.1). Prior to submission of final bids, a strategic environmental assessment of the plan for Thor offshore wind farm will be conducted. Furthermore, supplementary surveys with focus on benthic flora and fauna, marine mammals, fish and fisheries, underwater noise, safety of navigation, radar and radio interference, marine archaeology, visibility analysis and cumulative impacts as well as a full EIA for the onshore project to be built by Energinet and the concessionaire will be carried out. All results will be published as they become available in due time before submission of final bids. It should be noted that the concessionaire will be responsible for undertaking the EIA of the concrete project offshore after the signing of the concession agreement. Establishment of necessary nearshore facilities from POC at Volder Mark and grid connection forward to the transmission grid at Idomlund will be provided by the Danish TSO, Energinet. The onshore grid connection will be built to receive 1 000 MW in the POC and will be available to receive first power by 1 January 2025 unless a later date is agreed with the concessionaire.
The conditions for participation as described under section III.1.2) and III.1.3) are put in place to ensure that pre-qualified applicants all meet the requirements regarding financial and technical capacity required to establish the wind farm project. The financing of the installation of the offshore wind farm including Energinet’s part of the onshore facilities (app. DKK 701 million) is to be paid by the concessionaire. The concessionaire will also be required to pay for pre-investigations etc. conducted by Energinet (app. DKK 220 million), and for any necessary mitigating actions in relation to Danish radar installations. License for electricity production and authorisation will be granted for 30 years with the possibility of a prolongation of 5 years if allowed under applicable regulation at the relevant time. The concessionaire must connect 95 % of the wind farm to the onshore POC by 31 December 2027 at the latest. The concession contract includes a possibility to request the DEA for later inclusion of a PtX-solution.
License for electricity production and authorisation is anticipated to be granted app. 3 years after the contract is signed. The license has a duration of 30 years with the possibility of a prolongation of 5 years if allowed under applicable regulation at the relevant time.
If more than 10 candidates (applicants) fulfill the minimum requirements, cf. section III.1.2) and III.1.3) and are not covered by any of the applicable exclusion grounds cf. section VI.3), the selection among applicants to be invited to tender, will be based on an evaluation of which applicants have documented the most relevant references for comparable works (see the description in section II.2.4) and annex 1 of the tender material).
The evaluation of which applicants have documented the most relevant references for comparable works will be based on an assessment of the submitted references, with special emphasis being put on references for integrated projects consisting of offshore wind farms including offshore AC-substations. When assessing such references, the more the integrated project resembles the Thor Offshore Wind Farm project in terms of capacity, grid connection set up etc. the better. If no applicants submit references for integrated projects, emphasis will be put on projects for wind farms with a capacity of 150 MW or more. When assessing such references, the more the project resembles the Thor Offshore Wind Farm project in terms of capacity etc. the better.
Furthermore, emphasis will be put on completed projects (i.e. the last turbine has delivered the first kWh to the grid) and projects in which the applicant/the supporting entity documents experience with as many of the key areas mentioned in section III. 1.3), litra h. as possible.
Certain reports etc. constitute technical background material, only available at the address set out in section I.1) and an FTP site managed by Energinet. Parts of this material, including MetOcean data, are confidential and will only be available to prequalified applicants in the tender, upon submitting a declaration of confidentiality, see section 4 of annex 2 of the tender material.
Section III: Legal, economic, financial and technical information
The applicant must submit the European Single Procurement Document (‘ESPD’) with the following information:
— the applicant's total annual turnover in the 3latest financial years available;
— the applicant's equity ratio (total equity/total assets x 100) in the most recent financial year available; or
— information on the applicant's current long-term debt rating (Standard and Poors and Fitch, Moody’s or an equivalent current rating from another reputable international credit rating agency).
For associations (e.g. a consortium), a separate ESPD must be submitted for each participating operator. If the applicant relies on the capacity of other entities, an ESPD must be submitted for each of the entities on which the applicant relies.
Please also see the separate Prequalification Document published as annex 1 of the tender material for further information on how to fill in the ESPD and requested documentation in terms of economic and financial standing.
1) The applicant must demonstrate an annual overall turnover (in IFRS: ‘revenue’) of minimum DKK 26.4 billion (calculated as an average of the latest three (3) financial years available.)
If the applicant relies on the capacity of other entities, the average overall annual turnover will be calculated based on the total combined turnover of the applicant and such other entities in each of the three latest annual reports available. For groups of operators (e.g. a consortium), the average overall annual turnover will be calculated based on the total combined turnover of the operators in each of the three latest annual reports available.
2) The applicant must have an equity ratio (total equity/total assets x 100) of 20 % or above in the most recent annual report OR a current long-term debt rating of BBB- or above (standard and poors and fitch) and/or Baa3 or above (Moody’s) or an equivalent current rating from another reputable international credit rating agency.
Please note that in terms of meeting the above minimum requirements, the requirement regarding equity ratio and the requirement regarding long-term debt rating are equal alternatives to each other (i.e. one is not preferred to the other).
If the applicant relies on the financial capacity of other entities, the equity ratio will be calculated as the applicants and such other entities’ total equity divided by their total assets, calculated as a percentage. For groups of operators (e.g. a consortium), the equity ratio will be calculated as the total equity of the operators divided by their total assets, calculated as a percentage.
If the applicant relies on the financial capacity of other entities, or is a group of operators (e.g. a consortium), and chooses to use the credit rating to meet the financial minimum requirements, then each economic operator must meet the requirement for credit rating individually.
The ESPD serves as provisional documentation that the applicant/tenderer fulfils the minimum requirements in terms of economic and financial capacity.
Upon the DEA’s request, the applicant must submit documentation for the information stated in the ESPD. The DEA expects to request the documentation soon after the time limit for prequalification from those applicants, which the DEA expects to prequalify. The DEA will only prequalify and invite applicants to submit preliminary tenders, which have submitted the requested documentation.
The following documentation for economic and financial capacity will be required:
The applicant must submit annual reports for the last 3 years, depending on when the operator was established. Regarding figures etc. mentioned in 1) and 2) above, which cannot be documented by annual reports, a statement from the company’s (state authorized) accountant must be submitted. For long-term debt rating, documentation from the relevant credit rating agency must be submitted.
For associations (e.g. a consortium), documentation must be submitted for each participating operator in the group. Where an applicant relies on the economic and financial capacity of other entities, documentation for such other entities must be provided as well.
If an applicant relies on the economic and financial capacity of other entities, the applicant shall furthermore provide statements of support or other documentation proving that the applicant has access to the necessary economic and financial standing. The statement of support shall provide documentation of the fact that the entity referred to has a legal obligation to the applicant. Such statement of support can be made by using annex 5 of the tender material.
The applicant must submit the ESPD with the following information:
— A list of the 5 most comparable works, see section II.2.4), that the applicant has carried out in the latest 5 years before the expiry of the deadline for application for pre-qualification.
A maximum of five references in total may be stated, irrespective of whether the applicant is a single bidder, whether the applicant relies on the technical capacity of other entities, or whether the applicant is a group of operators (e.g. a consortium). If more than 5 references in total are submitted by an applicant, only the 5 newest references will be considered. If it is not possible to identify which references are the newest, the 5 references will be selected by drawing lots.
Please also see the separate pre-qualification document published as annex 1 of the tender material for further information on how to fill in the ESPD and requested documentation in respect of technical and professional ability.
(a) At least one reference covering development of a largescale offshore wind farm with a capacity of 150 MW or more, completed within the last 5 years. The reference must concern a project where the instalment of the turbines has been completed, i.e. the last turbine has delivered the first kWh to the grid (fully commissioned offshore wind farm). The reference must show experience with at least 3 of the 5 following key areas of being a developer: project planning, design, procurement, execution and quality control of the offshore wind farm.
(b) At least one reference covering development of an offshore AC-substation servicing an offshore wind farm completed within the last 5 years. The reference must concern a project where the instalment of the AC-substation has been completed, i.e. has delivered the first kWh from the last turbine of the wind farm to the onshore/offshore point of connection (fully commissioned offshore AC-substation). The reference must show experience with at least 3 of the 5 following key areas of being a developer: project planning, design, procurement, execution and quality control of the offshore AC-substation servicing an offshore wind farm.
The minimum requirements may be met by one reference covering both an offshore wind farm (a) above and AC-substation (b) above, or by two separate references, one covering (a) and another one covering (b).
Only references carried out within the latest 5 years before the expiry of the deadline for application for pre-qualification will be accepted. Only works carried out at the time of application will be taken into account. Hence, in the case of a reference concerning an ongoing task, only the part of the works already performed at the time of application will be included in the assessment of the reference.
For each project used as a reference (max. 5 references), the applicant must provide the following description:
(a) name of offshore wind farm including grid connection (AC-substation, etc.) from wind farm to onshore/offshore point of connection;
(b) description of main elements of the offshore wind farm including grid connection (AC-substation, etc.) from wind farm to onshore/offshore point of connection;
(c) contact person at the contracting entity, the authority who awards the licence or the like (preferably including phone number and email address);
(d) contract signing date/ date of concession, permit, licence etc.;
(e) location of the offshore wind farm/AC-substation;
(f) planned capacity of the project (MW), and installed capacity of the project (MW);
(g) the applicant's/the supporting entity’s role (i.e. developer, owner, main consultant, sub-contractor, financial investor, or other);
(h) the applicant's/the supporting entity’s contribution to the project within the following key areas: project planning, design, procurement, execution and quality control of offshore wind farms;
(i) the current stage of the project and the period of time the applicant has been assigned to the project.
No additional documentation of technical and professional capacity will be required from the applicant. However, the DEA reserves the right to contact the applicant or the customer/authority stated in the reference for confirmation of the information stated in the reference.
If the applicant relies on the technical capacity of other entities, a declaration of support for each supporting entity must be submitted upon request. The DEA expects to request the declaration soon after the time limit for pre-qualification from those applicants, which the DEA expects to prequalify. A form which may be used is enclosed in annex 5 of the tender material.
If the applicant relies on technical capacity of other entities for the performance of specific parts of the works comprised by the contract, such specific parts of the works must be performed by the entity on which the applicant relies.
The concession agreement contains a standard ILO (International Labour Organization) labour clause and a social clause with obligations with regards to creation of apprenticeships. The concessionaire will have to follow Danish regulation on environment protection, safety, IT safety, working environment etc. All participants of a consortium and undertakings supporting the concessionaire economically and financially must assume joint and several liability with the concessionaire. The concession agreement also includes clauses on a penalty for defective performance, guarantee for the penalty, on the concessionaire’s responsibility for decommission of the wind farm as well as a clause with regard to the rules on unbundling.
Section IV: Procedure
Section VI: Complementary information
Participation in the tender procedure and all communication in connection herewith, may only take place via the electronic tendering system used by the DEA, see section I.3). For access to the procurement documents etc., the applicant must register as a user in the system. In case of technical problems, the system support can be contacted via email@example.com or phone: +45 7022 7007. Information on the technical dialogue conducted and information published in connection with prior information notice No 2020/S 064-152011 is available at the address in section I.1).
The estimated contract value is DKK 15.5 billion. The amount is an estimate of the total expected CAPEX-figures for a 900 MW wind farm. Please see further specifications in the above-mentioned prior information notice.
The contract is not divided into lots, as this is considered most efficient due to the nature of the contract, including the fact that the concession concerns a construction project with a significant initial investment for the concessionaire.
Pre-qualified applicants will be asked to submit preliminary bids, consisting of a non-binding prize pr. kWh and capacity of the offshore wind farm, and proposals for adjustments to the tender material, which could lead to a lower best and final offer. No contract will be awarded based on the preliminary bids. Individual bilateral negotiations with all tenderers will take place, and based on the input received during the negotiations, the DEA will consider the need for amendments to the tender material and possible further negotiation rounds. There will be no reduction of the numbers of tenders to be negotiated. The DEA will not pay remuneration to the negotiation participants.
An applicant/tenderer will be excluded from participation in the tender procedure if the applicant/tenderer is subject to the compulsory grounds for exclusion set out in sections 135 and 136 and the voluntary grounds for exclusion set out in section 137(1), para (1) and para (2) of the Danish Public Procurement Act (DPPA), unless the applicant/tenderer has submitted sufficient documentation of its reliability in accordance with section 138 of the DPPA. Information on grounds for exclusion must be provided in the ESPD.
Upon request from the DEA applicants must submit the following documentation or equivalent documentation in respect of the information on exclusion grounds set out in the ESPD:
— Danish applicants — a ‘serviceattest’ issued by the Danish Business Authority (Ervhervsstyrelsen);
— applicants established in EU or EEA countries - relevant documentation as listed in eCertis;
— applicants from other countries — relevant excerptions from criminal records and official certificates regarding payment of taxes or social security contributions as well as certificates to document that the applicant is not declared bankrupt or is the subject of insolvency or winding-up proceedings, etc. as set out in section 137 (2) of the DPPA. Where the country in question does not issue such documents or certificates, or where these do not cover all the cases specified in the relevant exclusion ground, they may be replaced by a declaration on oath or, in countries where there is no provision for declarations on oath, by 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 country of origin or in the country where the economic operator is established.
Any documentation submitted must not be older than 6 months from the deadline for application for pre-qualification.
For associations (e.g. a consortium), the documentation must be submitted for each participating operator in the group. Where an applicant relies on the economic and financial capacity or technical and professional capacity of other entities, documentation for such other entities must be provided as well.
Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints:
Complaints for not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the applicants concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act.
In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:
1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published;
2) 30 calendar days calculated from the day after the day when the contracting entity has notified the applicants concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into where the notification has included an explanation of the relevant grounds for the decision;
3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the applicants and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act;
4) 20 calendar days calculated from the day after the contracting entity has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act.
Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the appeal was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged during the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see clause 12(1) of the Act.
The e-mail address of the Complaints Board for Public Procurement is set out in section VI.4.1).
The Complaints Board’s own complaints procedure is available at www. erhvervsstyrelsen.dk.