Public procurement notice: Contract Notice
Published: 2025-02-07
Buyer: Ørsted Bioenergy & Thermal Power A/S
Country: DK
Region: DK032
Contract type: Supplies
Procedure: Negotiated with prior call for competition
CPV classification: 31400000 | 50532000
Submission deadline: 2025-03-10
Award criteria: price, quality

Technical requirements: The Battery Energy Storage System (BESS) is to be installed within the perimeters of the power station Avedøreværket, located in Avedøre (Hammerholmen 50, 2650 Hvidovre), Denmark. The BESS will be sized for a minimum of 20 MW usable capacity capable of operating for approx. 2 hours at nameplate rating. 
The purpose of the BESS is to provide the ancillary services FCR-N (“Frequency Containment Reserve for Normal operations”), FCR-D (“Frequency Containment Reserve for Disturbances”) and FFR (“Fast Frequency Response”), aFRR and mFRR (“automatic/manual Frequency Restoration Reserve”) for participation in the regulation of the electrical transmission system DK2 that is within responsibility of the Transmission System Operator (TSO) Energinet Elsystemansvar A/S. 
The Contract comprises the following: 
(a) Delivery of the BESS consisting of Battery bank, Inverter system, BESS transform-er, Medium voltage (MV) interface to the interconnection cables, DC and AC switch-boards, HVA/C and fire control system, LV and MV cabling (internally within the BESS, but not between BESS equipment units), housing for components, Energy Management System (EMS), Metering system, and Frequency measurement device,
(b) Installation and commissioning of the BESS at the power station Avedøreværket, located in Avedøre (Hammerholmen 50, 2650 Hvidovre), Denmark,
(c) Service and Maintenance Agreement including consumables and spare parts for 2 years operation,
(d) First extension of the Service and Maintenance Agreement for additional 4 years including consumables and spare parts (years 3 to 6 – optional for the Contracting Entity)
(e) Second extension of the Service and Maintenance Agreement for additional 4 years including consumables and spare parts (years 7 to 10 – optional for the Contracting Entity)
(f) A water-based sprinkler system (optional for the Contracting Entity)
(g) Drainage inside the housing for components to handle contaminated fire water (optional for the Contracting Entity)
Five (5) Applicants will be prequalified. 
If the number of compliant Applicants applying for prequalification exceeds the number set out above, prequalification will be based on an evaluation of the following criteria with the weights specified below: 
Economic and financial capacity: 30 % 
Experience: 70 % 
The Applicant is encouraged to provide the following information about the Applicant’s completed experience with delivery of Battery Energy Storage System (BESS) in part V of the eESPD and/or in Annex C (Response Form). The Applicant is encouraged to include the following information for each reference: 
- Project name 
- Project location and country 
- Customer name 
- Commencement date 
- Completion date 
- System Capacity (MW/MWh) 
- Purpose (Frequency Control Ancillary Services/other) 
- Brief description of Applicant’s delivery under the contract 
A maximum of 5 references can be submitted as information under the selection criterion “Experience”. If more references are submitted, only the most recent references up to the maximum number of references will be considered. The most recent references will be determined based on completion date. 
If any framework agreements are submitted as part of an Applicant’s references, Applicants are encouraged to submit the requested information above for the most recent or most significant call-off contract(s) concluded under such framework agreements. References only to the award of a framework agreement without reference to any call-off contract thereunder will be disregarded on the basis that no references have been referred to. 
No additional documentation for the selection criterion for experience will be required from the Applicant. However, the Contracting Entity reserves the right to contact the Applicant or relevant third parties for verification of the information stated in the description(s).
Assessment of the Applicant’s experience will be based on the information submitted and will be an overall assessment of the references taking into account similarity to the Contract scope and total installed capacity, the more installed capacity the better. Moreover, the more references and the more recent the references are, based on contract completion date, the more positive the references will be considered. 
Minimum Requirement - The Applicant must have at least two references showing that, from 1 January 2020 to the Prequalification Deadline, the Applicant has delivered, based on completion date, two Battery Energy Storage Systems for Frequency Control Ancillary Services connected to a Transmission System Operator member of the European Network of Transmission System Operators for Electricity.
The Applicant must confirm that the Applicant fulfills the minimum requirement above by ticking “yes” in part IV of the eESPD. The Applicant’s answer in part IV of the eESPD serves as provisional documentation that the Applicant fulfills the minimum requirement, and the Applicant will later be requested to document compliance with the minimum requirement. Submission of a reference list showing compliance with the minimum requirement for “experience” will be considered documentation. 
If the Applicant has submitted references as part of the information under the selection criteria for “Experience”, and these references show fulfillment of the minimum requirement for experience, these references will be considered documentation for fulfillment of the minimum requirement for experience. If the references submitted as part of the information under the selection criterion for “Experience” does not show fulfillment of the minimum requirement for experience, then the Applicant will be requested to submit documentation at a later stage of the Tender Procedure that shows that the Applicant fulfills the minimum requirement for experience. 
The Contracting Entity reserves the right to allow supplementation of the Application as described in the procurement documents (the prequalification notice).
Five (5) Applicants will be prequalified. 
If the number of compliant Applicants applying for prequalification exceeds the number set out above, prequalification will be based on an evaluation of the following criteria with the weights specified below: 
Economic and financial capacity: 30 % 
Experience: 70 % 
The Applicant is encouraged to provide the following figures based on the latest two signed and approved annual reports in Annex C (Response Form): 
- Turnover (revenue) 
- Earnings before tax (EBT) 
- Current assets 
- Total assets (sum of all assets) 
- Total shareholder’s equity (equity including minority shares) 
- Current liabilities 
- Intangible assets 
- Inventories 
- Trade receivables 
- Cash and cash equivalents 
- Trade payables 
- Total interest-bearing debt (bank loans, draw on revolving credit facilities and corporate bonds) 
If the Applicant is a newly established legal entity and therefore is not able to submit the abovementioned figures the Applicant is encouraged to provide the opening balance. 
If the Applicant only has one approved annual report at the time of the Prequalification Deadline the Applicant is encouraged to provide those figures and is encouraged to inform the Contracting Entity that the Applicant only has one approved annual report. 
A newly established legal entity is encouraged to consider relying on the economic and financial capacity of the parent company or any other supporting entity. 
The Applicant is encouraged to submit a description of its ownership and corporate structure. If the Applicant is a subsidiary, the Applicant is encouraged to submit the name of the highest possible group parent – being an entity directly or indirectly controlling more than 50 % of the Applicant. The information may be provided in part V of the eESPD and/or in Annex C (Response Form). The Contracting Entity reserves the right to set a deadline for submission of the description of ownership structure after the deadline for request to participate. 
If the Applicant relies financially on another legal entity, and this entity is a parent company to the Applicant and the companies have consolidated accounts, it is possible to submit financial information for the parent company only but it is to be made clear from part II C of the eESPD that the Applicant relies on the economic and financial information of the parent company or any other supporting entity by ticking “yes” in section II C of the eESPD: “Does the economic operator rely on the capacities of other entities…”. In such cases the Applicant is encouraged to state that it has consolidated accounts. 
If the Applicant is part of a profit sharing agreement with another legal entity, cf. for example Germany’s Ergebnisabführungsvertrag or equivalent legal arrangement or if the parent company of the Applicant has made a statement according to the Dutch Civil Code article 2:403 (a “403 statement”) or equivalent legal arrangement, the Applicant should declare in the ESPD part II C that it relies on another entity. Further the supporting entity shall fill out a separate ESPD. The Applicant or the supporting entity is encouraged to explicitly mention the profit sharing agreement/403 statement in the eESPD part V and/or in Annex C (Response Form). In case of a profit sharing agreement the evaluation will be based on the figures for the financially strongest entity participating in the arrangement. Only this company has to insert financial figures in the eESPD part V and/or in Annex C (Response Form). 
The evaluation of the Applicant’s economic and financial capacity will be based upon the information submitted and will be an assessment of the following three areas (in prioritized order), all for the latest signed and approved annual report unless otherwise mentioned below:
(a)	Capital structure, in prioritized order (but where the two items marked with a * have equal priority) consisting of:
- Estimated contract value to equity, 
- Solvency ratio (equity / total assets),
- Change of Tangible Net Worth, (equity less intangible assets) (based on both signed and approved annual reports) and 
- Debt to equity*
- Debt to earnings*
(b)	Liquidity, in prioritized order (but where the two items marked with a * have equal priority) consisting of:
- Current ratio (current assets / current liabilities), 
- Average working capital turnover (Turnover (Revenue)/Average working capital) (working capital calculated as the sum of inventories, trade receivables and cash and cash equivalents, subtracting trade payables) (based on both signed and approved annual reports)*,
- Current ratio (the oldest of the two latest signed and approved annual reports)*
(c)	Profitability (the two criteria have equal priority):
- Earnings before tax to total assets,
- Earnings before tax margin (Earnings before tax (EBT) / Turnover (revenue) (based on both signed and approved annual reports).
In the case of economic and financial support from a Supporting Entity the information will be based on the combined financial figures from both entities which accordingly both have to insert financial figures in the eESPD part V and/or in Annex C (Response Form), unless the Applicant and the companies have consolidated accounts. The same applies if the Applicant is a Consortium.
If the Applicant has not provided all or any of the figures mentioned above or the opening balance as mentioned above, the Contracting Entity may choose to ask for this information. However, the Contracting Entity also has the choice of assessing the figures or the opening balance based on the information provided by the Applicant, in such case, it will be evaluated negatively in the assessment that the Applicant has not submitted all the relevant information.
The Contracting Entity requires, including but not limited to, Parent Company Guarantee, Performance Security, Advance Payment Guarantee.
The Contract might include provisions whereby the effectiveness of the Contract is conditional upon the Contracting Entity’s issue of a Notice of Effectiveness after award of the Contract.
Please refer to the full tender material for more information on the main conditions of the contract.
The Contracting Entity may in the Tender Conditions state that the Tenderers are allowed to submit deviations to those provisions during in the Tender Procedure
The Evaluated Price consists of the following amounts: 
(1) the Total Contract Price,
(2) the converted monetary value of any reservations made by the Tenderer,
(3) the prices for any Options.

Eligibility requirements: Five (5) Applicants will be prequalified. 
If the number of compliant Applicants applying for prequalification exceeds the number set out above, prequalification will be based on an evaluation of the following criteria with the weights specified below: 
Economic and financial capacity: 30 % 
Experience: 70 % 
The Applicant is encouraged to provide the following information about the Applicant’s completed experience with delivery of Battery Energy Storage System (BESS) in part V of the eESPD and/or in Annex C (Response Form). The Applicant is encouraged to include the following information for each reference: 
- Project name 
- Project location and country 
- Customer name 
- Commencement date 
- Completion date 
- System Capacity (MW/MWh) 
- Purpose (Frequency Control Ancillary Services/other) 
- Brief description of Applicant’s delivery under the contract 
A maximum of 5 references can be submitted as information under the selection criterion “Experience”. If more references are submitted, only the most recent references up to the maximum number of references will be considered. The most recent references will be determined based on completion date. 
If any framework agreements are submitted as part of an Applicant’s references, Applicants are encouraged to submit the requested information above for the most recent or most significant call-off contract(s) concluded under such framework agreements. References only to the award of a framework agreement without reference to any call-off contract thereunder will be disregarded on the basis that no references have been referred to. 
No additional documentation for the selection criterion for experience will be required from the Applicant. However, the Contracting Entity reserves the right to contact the Applicant or relevant third parties for verification of the information stated in the description(s).
Assessment of the Applicant’s experience will be based on the information submitted and will be an overall assessment of the references taking into account similarity to the Contract scope and total installed capacity, the more installed capacity the better. Moreover, the more references and the more recent the references are, based on contract completion date, the more positive the references will be considered. 
Minimum Requirement - The Applicant must have at least two references showing that, from 1 January 2020 to the Prequalification Deadline, the Applicant has delivered, based on completion date, two Battery Energy Storage Systems for Frequency Control Ancillary Services connected to a Transmission System Operator member of the European Network of Transmission System Operators for Electricity.
The Applicant must confirm that the Applicant fulfills the minimum requirement above by ticking “yes” in part IV of the eESPD. The Applicant’s answer in part IV of the eESPD serves as provisional documentation that the Applicant fulfills the minimum requirement, and the Applicant will later be requested to document compliance with the minimum requirement. Submission of a reference list showing compliance with the minimum requirement for “experience” will be considered documentation. 
If the Applicant has submitted references as part of the information under the selection criteria for “Experience”, and these references show fulfillment of the minimum requirement for experience, these references will be considered documentation for fulfillment of the minimum requirement for experience. If the references submitted as part of the information under the selection criterion for “Experience” does not show fulfillment of the minimum requirement for experience, then the Applicant will be requested to submit documentation at a later stage of the Tender Procedure that shows that the Applicant fulfills the minimum requirement for experience. 
The Contracting Entity reserves the right to allow supplementation of the Application as described in the procurement documents (the prequalification notice).
Five (5) Applicants will be prequalified. 
If the number of compliant Applicants applying for prequalification exceeds the number set out above, prequalification will be based on an evaluation of the following criteria with the weights specified below: 
Economic and financial capacity: 30 % 
Experience: 70 % 
The Applicant is encouraged to provide the following figures based on the latest two signed and approved annual reports in Annex C (Response Form): 
- Turnover (revenue) 
- Earnings before tax (EBT) 
- Current assets 
- Total assets (sum of all assets) 
- Total shareholder’s equity (equity including minority shares) 
- Current liabilities 
- Intangible assets 
- Inventories 
- Trade receivables 
- Cash and cash equivalents 
- Trade payables 
- Total interest-bearing debt (bank loans, draw on revolving credit facilities and corporate bonds) 
If the Applicant is a newly established legal entity and therefore is not able to submit the abovementioned figures the Applicant is encouraged to provide the opening balance. 
If the Applicant only has one approved annual report at the time of the Prequalification Deadline the Applicant is encouraged to provide those figures and is encouraged to inform the Contracting Entity that the Applicant only has one approved annual report. 
A newly established legal entity is encouraged to consider relying on the economic and financial capacity of the parent company or any other supporting entity. 
The Applicant is encouraged to submit a description of its ownership and corporate structure. If the Applicant is a subsidiary, the Applicant is encouraged to submit the name of the highest possible group parent – being an entity directly or indirectly controlling more than 50 % of the Applicant. The information may be provided in part V of the eESPD and/or in Annex C (Response Form). The Contracting Entity reserves the right to set a deadline for submission of the description of ownership structure after the deadline for request to participate. 
If the Applicant relies financially on another legal entity, and this entity is a parent company to the Applicant and the companies have consolidated accounts, it is possible to submit financial information for the parent company only but it is to be made clear from part II C of the eESPD that the Applicant relies on the economic and financial information of the parent company or any other supporting entity by ticking “yes” in section II C of the eESPD: “Does the economic operator rely on the capacities of other entities…”. In such cases the Applicant is encouraged to state that it has consolidated accounts. 
If the Applicant is part of a profit sharing agreement with another legal entity, cf. for example Germany’s Ergebnisabführungsvertrag or equivalent legal arrangement or if the parent company of the Applicant has made a statement according to the Dutch Civil Code article 2:403 (a “403 statement”) or equivalent legal arrangement, the Applicant should declare in the ESPD part II C that it relies on another entity. Further the supporting entity shall fill out a separate ESPD. The Applicant or the supporting entity is encouraged to explicitly mention the profit sharing agreement/403 statement in the eESPD part V and/or in Annex C (Response Form). In case of a profit sharing agreement the evaluation will be based on the figures for the financially strongest entity participating in the arrangement. Only this company has to insert financial figures in the eESPD part V and/or in Annex C (Response Form). 
The evaluation of the Applicant’s economic and financial capacity will be based upon the information submitted and will be an assessment of the following three areas (in prioritized order), all for the latest signed and approved annual report unless otherwise mentioned below:
(a)	Capital structure, in prioritized order (but where the two items marked with a * have equal priority) consisting of:
- Estimated contract value to equity, 
- Solvency ratio (equity / total assets),
- Change of Tangible Net Worth, (equity less intangible assets) (based on both signed and approved annual reports) and 
- Debt to equity*
- Debt to earnings*
(b)	Liquidity, in prioritized order (but where the two items marked with a * have equal priority) consisting of:
- Current ratio (current assets / current liabilities), 
- Average working capital turnover (Turnover (Revenue)/Average working capital) (working capital calculated as the sum of inventories, trade receivables and cash and cash equivalents, subtracting trade payables) (based on both signed and approved annual reports)*,
- Current ratio (the oldest of the two latest signed and approved annual reports)*
(c)	Profitability (the two criteria have equal priority):
- Earnings before tax to total assets,
- Earnings before tax margin (Earnings before tax (EBT) / Turnover (revenue) (based on both signed and approved annual reports).
In the case of economic and financial support from a Supporting Entity the information will be based on the combined financial figures from both entities which accordingly both have to insert financial figures in the eESPD part V and/or in Annex C (Response Form), unless the Applicant and the companies have consolidated accounts. The same applies if the Applicant is a Consortium.
If the Applicant has not provided all or any of the figures mentioned above or the opening balance as mentioned above, the Contracting Entity may choose to ask for this information. However, the Contracting Entity also has the choice of assessing the figures or the opening balance based on the information provided by the Applicant, in such case, it will be evaluated negatively in the assessment that the Applicant has not submitted all the relevant information.
The Contracting Entity requires, including but not limited to, Parent Company Guarantee, Performance Security, Advance Payment Guarantee.
The Contract might include provisions whereby the effectiveness of the Contract is conditional upon the Contracting Entity’s issue of a Notice of Effectiveness after award of the Contract.
Please refer to the full tender material for more information on the main conditions of the contract.
The Contracting Entity may in the Tender Conditions state that the Tenderers are allowed to submit deviations to those provisions during in the Tender Procedure
The Evaluated Price consists of the following amounts: 
(1) the Total Contract Price,
(2) the converted monetary value of any reservations made by the Tenderer,
(3) the prices for any Options.
Quality consists of the following sub-criteria:
(1) Technical Solution (60%)
(2) Quality Assurance, Health, Safety and Environment (20%)
(3) Time Schedule (10%)
(4) Contractual Terms (10%)
For complete description of Award Criteria, please refer to Tender Conditions.
Complaints about not having been pre-qualified must be filed with the Complainants Board for Public Procurement (Klagenævnet for Udbud) within 20 (twenty) calendar days from the day after the day when the Contracting Entity has notified the applicants in question about the result of the pre-qualification, provided that the notification contains a short statement of relevant reasoning behind the decision. The complainant must notify the Contracting Entity in writing of the filing at the latest when complaint is filed. There is no deadline for the Complaints Board’s review of a complaint about the result of the pre-qualification.
The Battery Energy Storage System (BESS) is to be installed within the perimeters of the power station Avedøreværket, located in Avedøre (Hammerholmen 50, 2650 Hvidovre), Denmark. The BESS will be sized for a minimum of 20 MW usable capacity capable of operating for approx. 2 hours at nameplate rating. 
The purpose of the BESS is to provide the ancillary services FCR-N (“Frequency Containment Reserve for Normal operations”), FCR-D (“Frequency Containment Reserve for Disturbances”) and FFR (“Fast Frequency Response”), aFRR and mFRR (“automatic/manual Frequency Restoration Reserve”) for participation in the regulation of the electrical transmission system DK2 that is within responsibility of the Transmission System Operator (TSO) Energinet Elsystemansvar A/S. 
The Contract comprises the following: 
(a) Delivery of the BESS consisting of Battery bank, Inverter system, BESS transform-er, Medium voltage (MV) interface to the interconnection cables, DC and AC switch-boards, HVA/C and fire control system, LV and MV cabling (internally within the BESS, but not between BESS equipment units), housing for components, Energy Management System (EMS), Metering system, and Frequency measurement device,
(b) Installation and commissioning of the BESS at the power station Avedøreværket, located in Avedøre (Hammerholmen 50, 2650 Hvidovre), Denmark,
(c) Service and Maintenance Agreement including consumables and spare parts for 2 years operation,
(d) First extension of the Service and Maintenance Agreement for additional 4 years including consumables and spare parts (years 3 to 6 – optional for the Contracting Entity)
(e) Second extension of the Service and Maintenance Agreement for additional 4 years including consumables and spare parts (years 7 to 10 – optional for the Contracting Entity)
(f) A water-based sprinkler system (optional for the Contracting Entity)
(g) Drainage inside the housing for components to handle contaminated fire water (optional for the Contracting Entity)
The Battery Energy Storage System (BESS) is to be installed within the perimeters of the Avedøre Power Station
Extension of the Service and Maintenance Agreement including consumables and spare parts by 4 years up to 2 times

Winner: Publications Office of the European Union