Supplementary information regarding use of Achilles Utilities Nordics & Central Europe qualification system by Ørsted and Ørsted Group including the entities mentioned in section 1 and 2.1.4 General information

ACHILLES UTILITIES NCE is a joint qualification system for suppliers and contractors to utilities in Nordics and Central Europe. It's operated by Achilles under Article 77 of Directive 2014/25/EU. The entities mentioned in this notice and the Ørsted Group will use ACHILLES UTILITIES NCE for tenderer selection for contracts and framework agreements subject to EU procurement rules, but reserve the right to publish individual notices for specific requirements where they deem it necessary, even though they relate to the product and service categories covered by ACHILLES UTILITIES NCE.

The qualification system may be used for contracts not subject to EU procurement rules at each subscriber's discretion. An overview of products and services acquired through ACHILLES UTILITIES NCE is available here https://www.achilles.com/app/uploads/2023/05/Product-and-Service-Code-Guide-EN.pdf

Yderligere oplysninger: Please note that the exclusion grounds are not applied by Ørsted Group. This notice supplements previously published notices from Achilles Information A/S regarding the entities mentioned in section 1 and 2.1.4's use of the qualification system.

Ørsted Group means any legal entity(s) which is directly or indirectly controlling, controlled or under common control with Ørsted A/S, control meaning the power to direct the management of such a legal entity (directly or indirectly), alone or jointly, whether through ownership of securities, by contract or otherwise and shall be presumed to exist in relation to a controlled legal entity when another legal entity holds (i) a majority of the voting rights at general meetings or an equivalent governance forum, (ii) the right to control a majority of the voting rights by virtue of an agreement, (iii) the right to direct the financial and operational management by virtue of articles of association or agreement, (iv) the right to appoint or remove the majority of the members of the management board, supervisory board or equivalent bodies.

For avoidance of doubt this therefore also includes companies, where a wholly owned subsidiary of Ørsted A/S owns 50% of the shares in a company and jointly control this company for instance through a shareholders agreement. Notwithstanding the foregoing, Ørsted Group shall exclude (a) the Danish government and any member or instrumentality thereof; and (b) any company controlled by the Danish government or by any member or instrumentality thereof other than Ørsted A/S and the legal entities that Ørsted A/S directly or indirectly controls. The Ørsted Group establish new legal entites on an ongoing basis.

Any new legal entities will also become a Contracting Entity, as long as the new legal entity’s activities are within the usual activities of Ørsted Group which are to develop, construct and operate offshore and onshore wind farms, solar farms, energy storage facilities, and bioenergy plants, and provides energy products to its customers. New legal entities that fulfil the definition above will also be contracting entities. The Ørsted Group, which includes the entities mentioned in Section 1 as well as 2.1.4, will not be using electronic auctions, unless explicitly stated in the tender material for the specific tender.

The contracting entities mentioned in Section 1 and 2.1.4 might use the procedure described in the Utilities Directive Article 50(f) which prescribes that new construction works consisting in the repetition of similar works assigned to the contractor to which the contracting entity awarded an earlier contract, can be awarded without a call for competition, provided that such works conform to a basic project for which a first contract was awarded. This right can be used by the contracting entity up to 3 times for three years after signing of the first contract.

The conditions for awarding possible additional works are the following: a)The performance will be subject to the same contractual terms as the original scope of construction works with the necessary amendments following from the different timing and geographic location of the project; b) The contractor must comply with mandatory statutory law in the country where the works are to be performed; c) Minor necessary adjustments of technical specifications due to site specific matters; d) Amendment of time schedule to reflect the project for which the repetition of similar construction works is applied.

The qualification system can be used by the entities mentioned in this notice as well as all other entities within Ørsted Group. The entities can procure jointly or standalone by using the qualification system. It will be stipulated in the tender material for the specific tender which entities are procuring and if it is joint procurement or standalone procurement.

ACHILLES UTILITIES NCE is of indefinite duration, but supplier information must be updated annually. Suppliers already qualified on ACHILLES UTILITIES NCE will be reminded to renew before the qualification period expires. The annual qualification fee is ranging from EUR 270 to 1210 payable in advance. Suppliers can update their information during the qualification period.

Omfatter (CPV-koder): Landbrugs-, gartneri- og fiskeriprodukter samt skovbrugs- og dermed forbundne produkter, Mineralolieprodukter, brændselsstoffer, elektricitet og andre energikilder, Minedriftsprodukter, basismetaller og beslægtede produkter, Fødevarer, drikkevarer, tobak og beslægtede produkter, Landbrugsmaskiner, Beklædningsartikler, fodtøj, bagageartikler og tilbehør, Læder og tekstilstoffer, plast- og gummimaterialer, Tryksager og beslægtede produkter, Kemiske produkter, Kontor- og edb-maskiner, -udstyr og -artikler, herunder ikke møbler og softwarepakker, Radio-, fjernsyns-, kommunikations- og telekommunikationsudstyr og beslægtet udstyr, Medicinsk udstyr, lægemidler og produkter til personlig pleje, Transportudstyr og transporthjælpemidler, Sikkerheds-, brand-, politi- og forsvarsudstyr, Musikinstrumenter, sportsvarer, spil, legetøj, kunsthåndværks- og kunstnerartikler, tilbehør, Laboratorieudstyr, optisk udstyr og præcisionsudstyr (ikke briller), Inventar (inkl. kontorinventar), boligudstyr, husholdningsapparater (ekskl. belysning) og rengøringsmidler, Industrimaskiner, Maskiner til minedrift, stenbrydning samt bygge- og anlæg, Byggekonstruktioner og -materialer; andre byggevarer (undtagen elapparatur), Programpakker og informationssystemer.

Forlængelse: With respect to the "1" stated under "Maximum renewals" please note that the qualification system is ongoing and unlimited in duration. Any tender specific contractual terms regarding options and renewals are stated in the tender material for each individual tender published under the qualification system.

Krav til tilbudsgiver:

The selection criterion 'Enrolment in a trade register' only refers to the enrolment in the qualification system ACHILLES UTILITIES NCE. The procedure for enrolment is described below. 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 between EUR 270 to 1210. The Order Form with qualification requirements can be obtained here https://my.achilles.com/join-community?communitycode=UNC&lang=gb-EN. To qualify the suppliers must complete an online questionnaire covering detailed information about their company.

As some contracting authorities and contracting entities require an ESPD, the suppliers submit an ESPD via ACHILLES UTILITIES NCE. Basic commercial requirements must be satisfied. Some buying organisations have individual requirements in addition to the basic requirements. The suppliers can therefore be asked to answer customer-specific questions related to the qualification. ACHILLES UTILITIES NCE is open to manufacturers or distributors dealing directly with the buyer. The bidders lists will be based on suppliers that have passed the initial qualification.

Basic commercial requirements for qualifying as a supplier in Achilles Utilities NCE are: https://www.achilles.com/app/uploads/2023/05/UNCE-Qualification-Requirements-English.pdf