See section VI.3)

Supplementary notice to notice 2021/S 131-348959 (Works) - Tender for Manufacturing and Supply of Monopiles

This notice supplements previously published notice from Elektrownia Wiatrowa Baltica – 2 SP. Z o.o. and Elektrownia Wiatrowa Baltica – 3 SP. Z o.o. 2021/S 131-348959 (Works). 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 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’), specifically to the tender for Manufacture and Supply of Monopiles.

Ørsted Wind Power A/S will use the UNCE qualification system for procurement and expects to launch the tender via said qualification system in week 48, 49 or 50 using product codes 4.4.23.

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 bidder’s lists will be based on suppliers that have passed the initial qualification.

Please also refer to the following TED notices: [2021/S 131-349121 (Supplies), 2021/S 131-348959 (Works) or 2021/S 131-349308 (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.

In case of Works: 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 the prequalification notice with necessary amendments following from the different timing and geographic location of the project.

— 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 Construction Works is applied.]

Claims against tenders or decisions made by the Contracting Entities must be submitted to the Secretariat of the ICC International Court of Arbitration before – whichever comes first:

1) 30 calendar days after sending a notification to the affected applicants about who has been selected or the tenderers about who has been awarded the contract when the notification is accompanied by a justification for the decision;

2) 45 calendar days after the Contracting Entities has published a notice in the Official Journal of the European Union that the Contracting Entities has entered into a contract. The deadline is calculated from the day after the day on which the notice has been published; or

3) In any case before the expiry of a period of six months with effect from the day following the date of the conclusion of the contract.