23948sdkhjf

Fakta om udbudet

EU-nr
2016/S 235-428858
Offentliggjort
06.12.2016
Udbudstype
Udbud med forhandling uden forudgående offentliggørelse

Udbyder

Energistyrelsen

Vindere

Lot No: 2 Lot title: Tender for 350 MW Danish nearshore wind capacity - Vesterhav Nord

(06.12.2016)
On behalf of a not yet established subsidary of Vattenfall Vindkraft A/S
Jupitervej 6
6000 Kolding

Lot No: 1 Lot title: Tender for 350 MW Danish nearshore wind capacity - Vesterhav Syd

(06.12.2016)
On behalf of a not yet established subsidary of Vattenfall Vindkraft A/S
Jupitervej 6
6000 Kolding

Tender for 350 MW Danish nearshore wind capacity


Energistyrelsen

Voluntary ex ante transparency notice

This notice is covered by: Directive 2004/18/EC

Section I: Contracting authority/entity

I.1) Name, addresses and contact point(s)

Energistyrelsen
Amaliegade 44
Contact point(s): Energistyrelsen (Danish Energy Agency)
For the attention of: Marie Louise Hede
1256 Copenhagen K
Denmark
Telephone: +45 33926700
E-mail: mlhe@ens.dk ccl@ens.dk nearshorewind@ens.dk

Internet address(es):

General address of the contracting authority/entity: www.ens.dk

I.2) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3) Main activity
Other: the Danish Energy Agency, agency under the Danish Ministry of Energy, Utilities and Climate, engages nationally and internationally in produktion, supply and consumption of energy, as well as in the efforts to reduce emission of greenhouse gases
1.4) Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no

Section II: Object of the contract

II.1) Description
II.1.1) Title attributed to the contract
Tender for 350 MW Danish nearshore wind capacity.
II.1.2) Type of contract and location of works, place of delivery or of performance
Works

NUTS code DK041,DK050

II.1.3) Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4) Short description of the contract or purchase(s)

In March 2012, the Danish Government entered into an energy agreement with all but 1 of the political parties in the Danish Parliament. By the energy agreement a large majority of the Danish Parliament has decided to initiate a tendering process covering the installation of offshore wind turbines totaling 450 MW in nearshore sites. A prior information notice was published in the Official Journal of the European Union on 28.9.2013 (2013/S 189-325140).

In July 2014 the Danish Government entered into a political agreement, Agreement on the withdrawel of FSA etc. and modification of the PSO of 14 July 2014, with a majority of the political parties in the Danish Parliament. As a consequence the nearshore wind farm tender was reduced from 450 MW to 350 MW and a contract notice was published in the Official Journal of the European Union on 25.02.2015 (2015/S 039-065965). The tender for the construction and operation of a total capacity of up to 350 MW is a multisite tender. This means that 6 areas has been offered for tender at the same time and that projects within these sites have been competing against each other. The contract is awarded as a concession contract following a negotiated procedure and the concessionaire shall build and operate the wind farm and the export cable to the grid connection point on the shore.

However as part of the procedure, 1) one site — Sejerø Bugt — was withdrawn as an option for an offshore wind farm in the nearshore tender. Furthermore, it was decided to postpone the deadline for final tender to 1.9.2016 in order to give sufficient time to adjust to this change. The reasoning behind the change was that the consultants responsible for the environmental impact assessments concluded that it seems unfeasible that a realistic project will remain below the critical threshold for effects on the common scoter. All prequalified bidders were simultaneously informed of this change on 16.4.2016. That withdrawal of sites based on the results of the environmental impact assessment could take place was stated in the preliminary tender conditions, which was published on 4.5.2015 prior to the deadline for application for prequalification (26.5.2015). Furthermore 2) the initial deadline for connection to the collective grid of the offshore wind farm (at least 95 % of the wind farm's capacity) by no later than 1.1.2020 was postponed to 31.12.2020. This was done as a result of the negotiations, with the intention of providing the concessionaire with sufficient time during summer to undertake construction work sensible to weather conditions. From the outset no sanctions for late connection to the collective grid of the offshore wind farm would apply prior to 1.1.2021 according to the preliminary tender conditions published on 4.5.2015.
Following this, Energistyrelsen has now finalised the evaluation of the tenders, and has identified the winning bid and intends to sign the concessions agreement with the winning bidder. However, Energistyrelsen does not consider the tendering process to be concluded until the concessions contract has been signed.
II.1.5) Common procurement vocabulary (CPV)

31121340, 45000000, 31121320, 31121330, 31121310

II.6) Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.2) Total final value of contract(s)
II.2.1) Total final value of contract(s)

Section IV: Procedure

IV.1) Type of procedure
Negotiated without publication of a contract notice / call for competition
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC
Other justification for the award of the contract without prior publication of a contract notice in the OJEU
The contract falls outside the scope of application of the Directive
As stated above, the terms of the concessions agreement have been subject to a call for competition. During the procedure, amendments were made to the tender conditions as one of initially 6 sites was withdrawn from the tender and the deadline for connection of the offshore windfarm to the collective grid was postponed by 12 month. Energistyrelsen considers that the withdrawal of one site out of six possible sites and the postponement of the deadline for connection to the collective grid do not constitute a substantial change. Energistyrelsen bases this on several factors but most notably (not in order of importance): 1) the amendments were carried out as part of a negotiated procedure and the preliminary tender conditions published prior to the deadline for application for prequalification explicitly allowed for the withdrawal of one or more sites and attached no sanctions to the deadline for grid connection until 1.1.2021, 2) the consequences of the amendments have been subject to competition from all the prequalified bidders (i.e. all bidders have submitted bids based on the reduced number of sites and the extended deadline for grid connection), 3) Energistyrelsen considers that no other/new economic operators could be expected to have taken part in the procedure had the reduced number of possible sites or the extended deadline for grid connection been included in the call for competition (the Contract Notice), 4) the reduction of sites was the result of the environmental impact assessment as foreseen in the preliminary tender conditions which was available to all interested parties well before the deadline for application for prequalification as was the fact that no sanctions for delay with the grid connection would apply prior to 1.1.2021. The amendments are therefore not considered to be of a material nature which exceeds the amendments possible under a negotiated procedure.
IV.2) Award criteria
IV.2.1) Award criteria
Lowest price
IV.2.2) Information about electronic auction
An electronic auction will be used: no
IV.3) Administrative information
IV.3.1) File reference number attributed by the contracting authority/entity
IV.3.2) Previous publication(s) concerning the same contract

Prior information notice

Notice number in the OJEU: 2013/S 189-325140 of 28.9.2013

of 28.9.2013

Contract notice

Notice number in the OJEU: 2015/S 039-065965 of 25.2.2015

Section V: Award of contract

Lot No: 1 Lot title: Tender for 350 MW Danish nearshore wind capacity — Vesterhav Syd
V.1) Date of contract award decision:
2.12.2016
V.2) Information about offers
V.3) Name and address of economic operator in favour of whom the contract award decision has been taken

On behalf of a not yet established subsidary of Vattenfall Vindkraft A/S
Jupitervej 6
6000 Kolding
Denmark

V.4) Information on value of contract
V.5) Information about subcontracting
The contract is likely to be sub-contracted: yes Value or proportion of the contract likely to be sub-contracted to third parties
Not known
Lot No: 2 Lot title: Tender for 350 MW Danish nearshore wind capacity — Vesterhav Nord
V.1) Date of contract award decision:
2.12.2016
V.2) Information about offers
V.3) Name and address of economic operator in favour of whom the contract award decision has been taken

On behalf of a not yet established subsidary of Vattenfall Vindkraft A/S
Jupitervej 6
6000 Kolding
Denmark

V.4) Information on value of contract
V.5) Information about subcontracting
The contract is likely to be sub-contracted: yes Value or proportion of the contract likely to be sub-contracted to third parties
Not known

Section VI: Complementary information

VI.1) Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.2) Additional information:

Note to Section IV.1: It is noted that a Contract Notice covering all 6 areas covered by the tender was published in the Supplement to the Official Journal of the European Union on 25.2.2015, Contract Notice no. 2015/S 039-065965, see also section IV.3.2 above.

VI.3) Procedures for appeal
VI.3.1) Body responsible for appeal procedures

Klagenævnet for Udbud
Nævnenes Hus, Toldboden 2
8800 Viborg
Denmark
E-mail: klfu@erst.dk
Telephone: +45 35291000
Internet address: https://erhvervsstyrelsen.dk/klagenaevnet-for-udbud

VI.3.2) Lodging of appeals
Precise information on deadline(s) for lodging appeals The deadlines for filing a complaint follows from "lov om Klagenævnet for Udbud" § 7 (formerly "hånhævelseslovens § 7) according to which a complaint must be filed with the Danish Complaints Board (Klagenævnet for Udbud) no later than 45 calendar days after the contracting authority has published a notice in the Official Journal of the European Union that the contracting authority has awarded the concession contract. The deadline is calculated from the day following the day when the notice was published.
VI.3.3) Service from which information about the lodging of appeals may be obtained

Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens Vej 35
2500 Valby
Denmark

VI.4) Date of dispatch of this notice:
2.12.2016

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