Public procurement notice: Contract Award Notice
Published: 2017-09-22
Buyer: Energistyrelsen (The Danish Energy Agency)
Country: DK
Contract type: Works
Procedure: Negotiated procedure
CPV classification: 31121310 | 31121320 | 31121330 | 31121340 | 45000000: Construction work
Award criteria: Lowest price

Technical requirements: In March 2012, the Danish Government entered into an Energy Agreement with all but one of the political parties in the Danish Parliament. With the support of a broad majority of the members of the Danish Parliament, the Energy Agreement secured the needed Investments for a further step to improve Denmark's production of renewable energy. By the Energy Agreement and a later Agreement (Agreement on the withdrawel of FSA etc. and modification of the PSO of June 2014), the parties decided to initiate a tendering process covering the installation of offshore Wind turbines totalling approx. 1 350 MW, i.e. 400 MW at Horns Rev 3 600 MW at Kriegers Flak and 350 MW in near shore areas. A prior information notice was published in the Official Journal of the European Union for the first two offshore Wind farms on the 22.2.2013 (2013/S 031-048459) and for the near shore areas on 28.9.2013 (2013/S 189-325140).
This tender covers only the wind farm, Kriegers Flak, which is to be situated in the Baltic Sea close to the boarder of Sweden and Germany and close to the German offshore wind farm, Baltic 2. The Concessionaire (the winner of this tender) is allowed to use an expected maximum of 132 km2 of the designated area for the construction of the wind farm.
As part of the tender preparation, the Danish Energy Agency (DEA) has conducted technical dialogue meetings.
In May 2015, a contract notice was published in Supplement to the Official Journal of the European Union (2015/S 090-161094) and published on the homepage of the Danish Energy Agency.
The invitation to tender is conducted pursuant to the rules regarding public Works concession in title III in Directive 2004/18/EC on coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. The tender has been organised as a restricted tender (prequalification) with negotiations.
The contract has been awarded as a Concession Agreement together with a licence for preliminary investigations and a licence for establishing the offshore Wind farm to ‘a not yet established subsidiary of Vattenfall Vindkraft A/S’. The award of the contract took place on the 2.12.2016 and the Concession Agreement was signed on the 22.12.2016 with Vattenfall Vindkraft Kriegers Flak P/S. Timely establishment of the substation and cable to shore for Kriegers Flak is provided by the Danish TSO, Energinet.dk The grid connection will be available from 1.1.2019. The financing of the installation of the offshore Wind farm is to be provided by Vattenfall Vindkraft Kriegers Flak P/S. The licence for electricity production and authorisation will be given for 25 years with the possibility of prolongation, if allowed under applicable regulation. The Concession Agreement offers a fixed price/kwh for 30 TWh (Contract for Difference).
The deadlines for filing a complaint follows from ‘håndhævelsesloven’ § 7 according to which a complaint must be filed with the Complaints Board (Klagenævnet for Udbud) no later than 6 months 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.