Danish public procurement law

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

Contracts in Europe. The list above is not exhaustive, but limitations in the standard form prevents choosing more countries.

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/2021/02/Product-and-Service-Code-Guide-EN.pdf .

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 235 to 1.065 payable in advance. Suppliers can update their information during the qualification period.

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 235 to 1.065. 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 information about their company. Ørsted Entities encourages the suppliers to submit an ESPD to Achilles via Achilles Utilities NCE, since an ESPD will be required in most of Ørsted's tenders. Basic commercial requirements must be satisfied. Some buying organizations 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 bidders lists will be based on suppliers that have passed the initial qualification.

This notice supplements previously published notices from Achilles Information A/S regarding the entities mentioned in I and VI.3's use of the qualification system. "Ørsted Group" means those undertakings in which Ørsted A/S, directly or indirectly:

(i) owns 50 per cent or more of the capital or business assets;

(ii) has the right to exercise 50 per cent or moreof the voting rights;

(iii) has the right to appoint 50 percent or more of the members of the supervisory board, the administrative board or bodies legally representing the undertakings; or

(iv) has the right to manage the undertakings' affairs.

Furthermore, "Ørsted Group" also means those undertakings in which undertakings as referred to in (i) –(iv) jointly have the rights or powers listed in (i)- (iv).

The Ørsted Group establish on an ongoing basis new companies in connection with its activities especially within the division working with wind power. New companies that fulfil the definition above will also be contracting entities under the agreement, as long as the new companies' activities are within the usual activities of the Ørsted Group. This includes but are not limited to activities relevant for the Ørsted wind power division which are developing, building and operating wind farms in Europe. New companies are especially (but not exclusively) established in connection with the development, building or operation of new offshore wind farms.

The Ørsted Group, which includes the entities mentioned in Section I as well as VI.3, will not be using electronic auctions, unless explicitly stated in the tender material for the specific tender.

The contracting entities mentioned in Section I and VI.3 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.

The laws of Denmark govern Ørsted Group's use of this qualifications system and legal disputes arising out of or relating to the use of the qualification system. Any dispute arising out of or in connection with Ørsted Group's use of this qualification system should be brought before the Danish Complaints Board for Public Procurement. Should the Danish Complaints Board for Public Procurement not have jurisdiction to hear the matter or does a complainant wish to challenge the aforementioned complaints board's decision, such legal disputes shall be decided by the city court of Lyngby, Denmark.

Please note that the review body of this notice differs from the review body of the original notices, since the standard form only allow one review body to be mentioned. It is only the Ørsted Group which is covered by this notice.