Annex 1 (Bilag 1)

Prequalification Document

Tender for Thor Offshore Wind Farm

CONTENT
1. GENERAL INFORMATION .................................................................................................... 2
2. PREQUALIFICATION .............................................................................................................. 2
3. DEADLINE FOR APPLICATIONS ......................................................................................... 3
4. COMMUNICATION AND QUESTIONS TO THE CONTRACTING AUTHORITY ........ 3
5. QUALIFICATION REQUIREMENTS .................................................................................... 4
5.1 MINIMUM REQUIREMENTS ..................................................................................... 4
5.2 SELECTION CRITERIA ............................................................................................... 6
6. EXCLUSION ............................................................................................................................... 7
7. SUBMISSION OF APPLICATIONS ........................................................................................ 8
7.1 THE ESPD DOCUMENT .............................................................................................. 8
7.2 OTHER INFORMATION .............................................................................................. 9
8. SUPPORT AND ASSOCIATIONS.......................................................................................... 10
8.1 WHEN THE APPLICANT RELIES ON THE CAPACITY OF OTHERS ................. 10
8.2 CONSORTIUMS (OR OTHER ASSOCIATIONS OF UNDERTAKINGS) .............. 11
8.3 JOINT AND SEVEAL LIABILITY ............................................................................ 12
9. ERRORS AND OMMISIONS ................................................................................................. 12
10. DOCUMENTATION ................................................................................................................ 12
10.1 Documentation with regard to economic and financial capacity .................................. 13
10.2 Documentation with regard to the exclusion grounds .................................................. 13
10.3 Documentation for support from other entities............................................................. 14
11. NOTICE ON PREQUALIFICATION .................................................................................... 14
12. EXAMPLES OF APPLICATIONS AND TECHNICAL AND PROFESSIONAL
CAPACITY................................................................................................................................ 14

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1. GENERAL INFORMATION
This document is relevant for economic operators who wish to apply for prequalification to
submit a tender for the concession offered in the Thor Offshore Wind Farm Tender.

For access to the tender material, interested parties must be registered or register with the
electronic tendering system used by the Danish Energy Agency (DEA). After free registra-
tion, there is unrestricted access to the tender material. For application for prequalification
and participation in the tender, the applicant also has to sign up for the Thor Offshore Wind-
farm Tender.

Link to the tendering system: https://www.ethics.dk/ethics/eo#/bfb4d610-bfa1-4bfe-8808-

6deb212e27cb/homepage.

Reference is made to the instructions given in the system. In case of technical problems with
the registration, other technical problems or questions with regards to the electronic tendering
system, the applicant can contact the system support by e-mail support@ethics.dk or phone:
+45 7022 7007.

This prequalification document contains the qualification requirements and selection criteria,
guidelines for the submission of applications and required documentation, and other relevant
information about the prequalification requirements and process.

2. PREQUALIFICATION
The applicant should initially read the entire tender material carefully before submitting the
application.

The applicant must clearly and unambiguously specify which legal entity/entities constitutes
the applicant. The person signing and submitting the application pursuant to the tender doc-
uments must be authorised and qualified to do so. This applies regardless of whether the
application has been submitted by a single operation or a consortium or another association
of undertakings.

Provided the number of eligible applicants exceeds 10, the DEA will prequalify and invite a
maximum of 10 applicants to submit a preliminary tender.

The DEA has decided to apply a maximum of 10 applicants to be prequalified in order to

secure appropriate competition taking into account the nature of the tendered concession
agreement, the potential field of bidders and comments received from the participants in the
market dialogue on the Thor tender conducted in 2019.

The applicant’s request for prequalification will be assessed against its economic and finan-
cial, and technical and professional capacity.

First, the applicant's request is evaluated on the basis of a number of minimum requirements
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regarding financial and technical capacity, which the applicant must satisfy in order to qualify
for prequalification. Subsequently, if the number of qualified applicants exceeds the maxi-
mum number of applicants, which the DEA intends to prequalify, the applicants to prequalify
are selected based on the criteria set out in section 5.2. The selected applicants will then be
invited to submit a preliminary tender, cf. section 9.1 in the tender conditions.

3. DEADLINE FOR APPLICATIONS

The applications must be submitted no later than

Tuesday, the 1st of December 2020, at 12:00 pm (12:00 noon) GMT +1.

Applications received after this deadline, will be rejected.

Applications must be submitted through the electronic tendering system by completing and
submitting the European Single Procurement Document (ESPD Document) via the electronic
tendering system. It is not possible to submit applications via e-mail or in any other way other
than as indicated above.

Please find more information on submission of applications in section 7.

4. COMMUNICATION AND QUESTIONS TO THE CONTRACTING AUTHOR-

ITY
The application and all communication during the prequalification phase must be in English
via the electronic tendering system.

The applicants may obtain additional information by submitting written questions. Questions
must be asked in English and in writing via the electronic tendering system.

Written questions and answers thereto will be notified to all applicants in writing via the
electronic tender system on an ongoing basis and anonymously. Questions will be answered
in English.

Questions asked no later than 16 November 2020 at 12:00 pm (12:00 noon) will be answered
no later than 6 days before the deadline for submission of applications.

Questions asked after the date above will be answered if they are received in time for the
contracting entity to provide the information required and communicate the answers not later
than six days before expiry of the application deadline. Questions received later than 6 days
before expiry of the deadline cannot expected to be answered. Reference is made to section
17 in the tender conditions.

Any amendments or clarifications to tender documents will be communicated simultaneously

to all applicants participating in the tender, via the electronic tendering system.

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If the DEA needs to notify the applicants of any additional information later than 6 days
before the deadline for submission of applications, this deadline will be extended accordingly,
so the applicants will always have at least 6 whole days to relate to this information, cf. the
Danish Act on Public Procurement § 134.

5. QUALIFICATION REQUIREMENTS
The applicant must submit the electronic ESPD document with the following information as
initial proof of the applicant’s compliance with the minimum requirements for economic
and financial capacity and technical and professional capacity.

The minimum requirements must be met at the time of the deadline for prequalification.

5.1 MINIMUM REQUIREMENTS

The minimum requirements for eligibility are as follows:

A. Economic and financial capacity

1. The applicant must demonstrate an annual overall turnover (in IFRS: “revenue”)
of minimum DKK 26.4 billion (calculated as an average of the latest three (3)
financial years available).

If the applicant relies on the economic and financial capacity of other entities, the average
overall annual turnover will be calculated based on the total combined turnover of the appli-
cant and such other entities in each of the three latest annual reports available. For groups of
operators (e.g. a consortium), the average overall annual turnover will be calculated based on
the total combined turnover of the operators in each of the three latest annual reports availa-
ble.

2. The applicant must have an equity ratio (total equity/total assets x 100) of 20%
or above in the most recent annual report OR a current long-term debt rating of
BBB- or above (Standard & Poors and Fitch) and/or Baa3 or above (Moody’s)
or an equivalent current rating from another reputable international credit rating
agency.

Please note that in terms of meeting the above minimum requirements the requirement re-
garding equity ratio and the requirement regarding long-term debt rating are equal alternatives
to each other (i.e. one is not preferred to the other).

If the applicant relies on the economic and financial capacity of other entities, the equity ratio
will be calculated as the applicant's and such other entities’ total equity divided by their total
assets, calculated as a percentage. For groups of operators (e.g. a consortium), the equity ratio
will be calculated as the total equity of the operators divided by their total assets, calculated
as a percentage.

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If the applicant relies on the economic and financial capacity of other entities, or is a group
of operators (e.g. a consortium), and chooses to use the credit rating to meet the financial
minimum requirements, then each economic operator must meet the requirement for credit
rating individually.

B. Technical and professional capacity

The applicant must have:

a) At least one reference covering development of a largescale offshore wind farm

with a capacity of 150 MW or more, completed within the last five years. The
reference must concern a project where the instalment of the turbines has been
completed, i.e. the last turbine has delivered the first kWh to the grid (fully
commissioned offshore wind farm). The reference must show experience with at
least 3 of the 5 following key areas of being a developer: project planning, de-
sign, procurement, execution and quality control of the offshore wind farm;

and

b) At least one reference covering development of an offshore AC-substation ser-

vicing an offshore wind farm completed within the last five years. The reference
must concern a project where the instalment of the offshore AC-substation has
been completed, i.e. has delivered the first kWh from the last turbine of the
wind farm to the onshore/offshore point of connection (fully commissioned off-
shore AC-substation). The reference must show experience with at least 3 of the
5 following key areas of being a developer: project planning, design, procure-
ment, execution and quality control of the offshore AC-substation servicing an
offshore wind farm.

The minimum requirements may be met by one reference covering both an offshore wind
farm (a) above and AC-substation (b) above, or by two separate references (one covering (a))
and another one covering (b).

Only references carried out within the latest 5 years before the expiry of the deadline for
application for prequalification will be accepted.

All references should be stated in part IV, subsection C of the ESPD Document. If the ap-
plicant prefers to submit the list of references as a separate document, this is accepted as
well. If more than 5 references in total are submitted by an applicant, only the 5 newest ref-
erences will be considered. If it is not possible to identify which references are the newest,
the 5 references will be selected by drawing lots.

For each project used as a reference (max. 5 references), the applicant must provide the fol-
lowing description:

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 a. Name of offshore wind farm including grid connection (AC-substation, etc.)
from wind farm to onshore/offshore point of connection;
b. Description of main elements of the offshore wind farm including grid connec-
tion (AC-substation, etc.) from wind farm to onshore/offshore point of connec-
tion;
c. Contact person at the contracting entity, the authority who awards the licence or
the like (preferably including phone number and email address);
d. Contract signing date/ Date of concession, permit, licence etc.;
e. Location of the offshore wind farm/AC-substation;
f. Planned capacity of the project (MW), and installed capacity of the project
(MW);
g. The applicant's/the supporting entity’s role (i.e. developer, owner, main consult-
ant, sub-contractor, financial investor, or other);
h. The applicant's/the supporting entity’s contribution to the project within the fol-
lowing key areas: project planning, design, procurement, execution and quality
control of offshore wind farms;
i. The current stage of the project and the period of time the applicant has been as-
signed to the project.

Only references relating to works carried out at the time of application will be considered in
the evaluation of which applicants have documented the most relevant references, see sec-
tion II.2.9) in the contract notice and section 5.2 in this pre-qualification document, and in
the evaluation of whether the minimum requirements regarding technical and professional
capacity have been complied with, see above. Hence, in the case of an ongoing project, only
the part of the works already performed at the time of application will be included in the as-
sessment of the reference.

No additional documentation of technical and professional capacity will be required from the
applicant. However, the DEA reserves the right to contact the applicant or the customer/au-
thority stated in the reference for confirmation of the information stated in the reference.

If the applicant relies on the technical and professional capacity of another entity for the
performance of specific parts of the works comprised by the contract, such specific parts of
the works must be performed by the entity on which the applicant relies.

For further clarification of minimum requirements on technical and professional capacity,

see the examples in section 12.

5.2 SELECTION CRITERIA

If more than 10 applicants fulfill the minimum requirements, cf. section 5.1 and are not cov-
ered by any of the applicable exclusion grounds cf. section 6, the selection among appli-
cants to be invited to tender, will be based on an evaluation of which applicants have docu-
mented the most relevant references for comparable works (see the description in the con-
tract notice section II.2.4 and annex 2 of the tender material).

The evaluation of which applicants have documented the most relevant references for com-
parable works will be based on an assessment of the submitted references, with special em-

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phasis being put on references for integrated projects consisting of offshore wind farms in-
cluding offshore AC-substations. When assessing such references, the more the integrated
project resembles the Thor Offshore Wind Farm project in terms of capacity, grid connection
set up etc. the better. If no applicants submit references for integrated projects, emphasis will
be put on projects for wind farms with a capacity of 150 MW or more. When assessing such
references, the more the project resembles the Thor Offshore Wind Farm project in terms of
capacity etc. the better.

Furthermore, emphasis will be put on completed projects (i.e. the last turbine has delivered
the first kWh to the grid) and projects in which the applicant/the supporting entity documents
experience with as many of the key areas mentioned above under section 5.1 litra h. as pos-
sible.

6. EXCLUSION
If the applicant is subject to one of the below-mentioned exclusion grounds, the applicant will
be excluded from participating in the tender procedure.

The obligation to exclude an economic operator also applies where a person convicted by
final judgment is a member of the administrative, management or supervisory body of that
economic operator or has powers of representation, decision or control therein.

The applicant must use the electronic ESPD document to confirm that the applicant is not
subject to any of the mandatory exclusion grounds (number 1-10) and to confirm that the
applicant is not comprised by the voluntary exclusion grounds included in this tender (number
11 and 12). See section 10 on required documentation.

The relevant exclusion grounds1 are:

1) Participation in a criminal organisation, as defined in Article 2 of Council Framework
Decision 2008/841/JHA
2) Corruption, as defined in Article 3 of the Convention on the fight against corruption in-
volving officials of the European Communities or officials of Member States of the Eu-
ropean Union and Article 2(1) of Council Framework Decision 2003/568/JHA as well as
corruption as defined in the national law of the contracting authority or the economic
operator
3) Fraud within the meaning of Article 1 of the Convention on the protection of the European
Communities’ financial interests
4) Terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3
of Council Framework Decision 2002/475/JHA respectively, or inciting or aiding or abet-
ting or attempting to commit an offence, as referred to in Article 4 of that Framework
Decision

1
cf. sections 135 and 136 and section 137(1), para (1) and para (2) in the Danish Procurement Act, and Article 57(1), (2) and
(4)(b), (e), (f) and (h) in Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on
public procurement and repealing Directive 2004/18/EC

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5) Money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC
of the European Parliament and of the Council
6) Child labour and other forms of trafficking in human beings as defined in Article 2 of
Directive 2011/36/EU of the European Parliament and of the Council
7) Breach of the economic operator’s obligations relating to the payment of taxes or social
security contributions, where this has been established by a judicial or administrative de-
cision having final and binding effect in accordance with the legal provisions of the coun-
try in which it is established or with those of the Member State of the contracting authority
8) Where a conflict of interest within the meaning of Article 24 cannot be effectively reme-
died by other less intrusive measures
9) Where a distortion of competition from the prior involvement of the economic operator
in the preparation of the procurement procedure, as referred to in Article 41, cannot be
remedied by other, less intrusive measures
10) Where the economic operator has been guilty of serious misrepresentation in supplying
the information required for the verification of the absence of grounds for exclusion or
the fulfilment of the selection criteria, has withheld such information or is not able to
submit the supporting documents required pursuant to Article 59
11) The applicant or the tenderer has been declared bankrupt or is the subject of insolvency
or winding-up proceedings, where its assets are being administered by a liquidator or by
the court, where it is in an arrangement with creditors, where its business activities are
suspended or where it is in any analogous situation arising from a similar procedure under
national legislation in the country where the applicant or the tenderer is based
12) The applicant or tenderer has ignored obligations in force in the fields of environmental,
social or labour law under EU law, national law, collective agreements or the obliga-
tions under environmental, social or labour law deriving from the conventions stated in
Annex X to Directive 2014/24/EU of the European Parliament and of the Council of 26
February 2014 on public procurement and repealing Directive 2004/18/EC (the Official
Journal of the European Union 2014, No. L 94, page 65) or subject to acts adopted by
the European Commission under Article 57(4), cf. Article 88, of the Directive

Where an applicant is subject to an exclusion criterion, the DEA will allow the applicant to
regain eligibility, if the applicant can provide evidence to the effect that measures taken by
the applicant are sufficient to demonstrate its reliability despite the existence of a relevant
ground for exclusion. If such evidence is considered as sufficient, the applicant concerned
shall not be excluded from the procurement procedure.

The voluntary grounds for exclusion in no. 11) and 12) are applied in compliance with the
principle of proportionality. Hence, trivial matters cannot result in the exclusion of the appli-
cant/tenderer. Several matters which, individually, are trivial in nature may, however, give
rise to exclusion of the applicant/tenderer.

7. SUBMISSION OF APPLICATIONS
7.1 THE ESPD DOCUMENT
Application for prequalification is done by completing and submitting the European Sin-

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gle Procurement Document (ESPD document) via the electronic tendering system. Sup-
porting entities and each member of associations have to complete a separate electronic
ESPD document relating to the application, please see section 8.

To read and fill out the electronic ESPD document, choose “Request submission” in the
top panel of the electronic tendering system, and then choose “Answer ESPD”. When
creating a response to an ESPD document, applicants are met with 4 tabs, which make up
the ESPD, in the top of the window. Under those 4 tabs, there will be required input in
the form of text and checking of options. It is possible to save an unfinished ESPD re-
sponse, but it will not be possible to submit the ESPD document to the contracting au-
thority before the ESPD response is completed as required.

If the application contains several versions of the same document, the latest uploaded
version will apply.

The applicant must submit the ESPD document with a list of references for the 5 most
comparable works with a description, cf. section 5.1.B. If the applicant wishes to upload
a separate document with a list of the 5 most comparable works, this document can be
uploaded under the separate segment “Upload documents”.

If the applicant relies on the technical and professional capacity of other entities, the list
of references must also include references of such other entities. The applicant must indi-
cate which references are based on which entity/entities.

In their separate electronic ESPD document, supporting entities must refer to (only) those
references, which they are supporting according to the applicants list of references.

Applicants have access to share their subscription to the electronic tendering system.
Please see instructions in the system. This enables the applicants to submit a single appli-
cation, containing contributions from all participants as required under section 8. Appli-
cants, supporting entities and each member of associations are asked to sign their own
ESPD with their own digital certificate, which can be imported to the electronic tender-
ing system.

When submitting the application containing the ESPD document(s) etc. as described
above, applicants are asked to sign the application with their own digital certificate,
which can be imported to the electronic tendering system.

7.2 OTHER INFORMATION

The applicant may modify or withdraw its application after submitting it, if the modification
or notice of withdrawal is submitted via the electronic tendering system before the time limit
for submission of applications as stated above but not thereafter.
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The applicant must carefully examine the documents of the tender material. Failure to comply
with this prequalification document or with any other tendering requirements will be at the
applicant’s risk.

The applicant must ensure that the documents have been correctly completed, as a failure to
reply correctly could result in the application being non-compliant and thus not be included
in the prequalification evaluation process.

Only the requested documents should be submitted. To the extent that the applicant chooses
to submit other documents as part of its application, the DEA cannot take such documents
into consideration during the evaluation process.

Each applicant may submit only one application.

An economic operator may in principle participate in the submission of more than one appli-
cation for prequalification (e.g. as a member of different consortia). In that case, and in case
of an economic operator associated with the applicant submitting an application for prequal-
ification, appropriate measures to maintain confidentiality and to protect the competitive pro-
cess must be implemented. In these situations, the applicant must therefore use different con-
tact points (i.e. different personnel) in the applications submitted. Furthermore, the applicant
must demonstrate to the reasonable satisfaction of DEA that it will maintain confidentiality
and avoid distortion of the tender process. DEA reserves the right to exclude the applicant
from further participation in the tender process if appropriate measures are not executed and
maintained throughout the tender procedure.

8. SUPPORT AND ASSOCIATIONS

8.1 WHEN THE APPLICANT RELIES ON THE CAPACITY OF OTHERS
An applicant may rely on the economic and financial or technical and professional capacity
of other entities in order to meet the qualification requirements.

In this case, the conditions below apply regardless of the legal nature of the relationship be-
tween the entities.

The applicant must document that the supporting entity has the required resources, by com-
pleting section C and onward of the ESPD document, which is an expression of the said
entities' obligations in this regard.

It must be specified whether the support is economic and financial and/or technical and pro-
fessional support and exactly what type of support is offered and to which extent. Further, it
must be documented that the supporting entity is legally responsible towards the applicant
(by declaration of support). Please see section 10 about requirements and time for documen-
tation.

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If the applicant relies on the economic and financial capacity of other entities, the DEA will
require that the applicant and the entities in question undertake joint and several liability for
the performance of the contract, cf. section 8.3.

If an applicant, which relies on the technical and professional capacity of another entity, wins
the tender, the supporting entity must carry out the relevant tasks and must in general not be
replaced in this function by other entities including the applicant itself. Please see section 20
of annex 3 (draft concession agreement).

If the applicant relies on the capacity of other entities, the applicant must furthermore docu-
ment that this entity / these entities:

1) Support the applicant as indicated with regard to the minimum requirements, cf. sec-
tion 5 and
2) Are not comprised by the exclusion grounds, cf. section 6.

This information must be conveyed through the ESPD document completed by the supporting
entity.

In case of economic and financial support, the supporting entity must submit the ESPD with
information on annual overall turnover, equity ratio and/or current long-term debt rating, and
in case of technical support with information on the references that are supported.

Upon request from the DEA, the applicant must also provide further documentation for the
supporting entity. Please see section 10 about requirements and time for documentation.

8.2 CONSORTIUMS (OR OTHER ASSOCIATIONS OF UNDERTAKINGS)

Where an application is submitted by a consortium including multiple responsible applicants,
each participating legal entity must be specified individually in a clear and unambiguous way,
and the consortium members must also specify a joint authorised representative, who can
submit an application on behalf of the consortium.

It will furthermore be this person with whom the DEA may enter into agreements with, with
binding effect on the consortium.

Please see section 5.1.A about the evaluation of the financial/economic requirements with
regards to associations/consortiums.

The participants in a consortium or another association of undertakings are jointly and sever-
ally liable for both the application, the tender and the performance of the contract, cf. section
8.3.

Further, each participating undertaking must document that it is not comprised by the man-
datory exclusion grounds nor by the voluntary exclusion ground applicable in this tender cf.
section 6. Please see section 10 about requirements and time for documentation.

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It should be noted that the competition law rules must be followed, if participants in a con-
sortium are competitors on the same market.

Each participant in the consortium or association must complete an ESPD Document relating
to the application cf. section 7.

8.3 JOINT AND SEVEAL LIABILITY

If the concession agreement, cf. annex 3 is entered into with a consortium, all participants of
the consortium will assume joint and several liability with respect to all obligations of the
concession agreement and the associated licences and authorisation.

The same applies to undertakings supporting the tenderer economically and financially,
thereby contributing to the tenderer’s compliance with the economic and financial minimum
requirements at the time of prequalification. Undertakings supporting the tenderer must thus
assume joint and several liability with the successful tenderer with respect to all obligations
of the concession agreement and the related licences and authorisation.

If the tenderer is not yet an established undertaking, the founding undertakings will assume
joint and several liability with the tenderer on the date of conclusion of the concession agree-
ment.

Any claim arising pursuant to the concession agreement or the associated licences as well as
the associated authorisation may therefore be directed towards 1) any of the participants in
the consortium, 2) any undertaking which the tenderer has used for support in order to meet
the minimum requirement for economic and financial capacity, as well as 3) all founding
undertakings, if the tenderer is not yet an established undertaking.

9. ERRORS AND OMMISIONS

In the event of errors or omissions in the prequalification documents submitted, the DEA
may, in so far as it is possible pursuant to Section 159 of the Public Procurement Act even in
respect of minimum requirements for eligibility cf. section 5.1, but is not obliged to, request
the applicant to supplement, clarify or complete the information in the documents.

However, it should be emphasized that the possibilities for using section 159 of the Public
Procurement Act are not limitless, thus applicants are strongly encouraged to ensure that all
information and documents are complete and final by the time of submission.

10. DOCUMENTATION
The electronic ESPD document serves as provisional documentation that the appli-
cant/tenderer fulfils the minimum requirements in respect of economic and financial ca-
pacity cf. section 5.1 and the exclusion grounds cf. section 6.

Upon the DEA’s request, the applicant must submit the following documentation. The
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DEA expects to request the documentation soon after the deadline for prequalification
from those applicants, which the DEA expects to prequalify. The DEA will only prequal-
ify and invite applicants to submit preliminary tenders, which have submitted the re-
quested documentation.

10.1 Documentation with regard to economic and financial capacity

The applicant must submit annual reports for the last 3 years, depending on when the opera-
tor was established.

Regarding figures etc. mentioned in section 5.1. A. 1) and 5.1. A. 2), which cannot be docu-
mented by annual reports, a statement from the company’s (state authorized) accountant
must be submitted. For long-term debt rating, documentation from the relevant credit rating
agency must be submitted.

For associations (e.g. a consortium), the information must be submitted for each participat-
ing operator in the group. Where an applicant relies on the economic and financial capacity
of other entities, documentation for such other entities must be provided as well.

10.2 Documentation with regard to the exclusion grounds

Danish applicants must enclose a “serviceattest” issued by the Danish Business Authority
(Ervhervsstyrelsen), which must not be older than 6 months from the deadline for applica-
tion for prequalification, or equivalent documentation for the exclusion grounds, cf. section
6.

Applicants established in EU or EEA countries must enclose relevant documentation as

listed in (link: https://ec.europa.eu/tools/ecertis ) or equivalent documentation for the exclu-
sion grounds, cf. section 6.

Applicants from other countries must enclose relevant and valid documentation for the ex-
clusion grounds, cf. section 6. This means relevant excerptions from criminal records and
official certificates regarding payment of taxes or social security contributions as well as
certificates to document that the applicant has not been declared bankrupt or is the subject
of insolvency or winding-up proceedings, etc. as set out in exclusion ground no. 11 above.

Where the country in question does not issue such documents or certificates, or where these
do not cover all the cases specified in section 6 above, they may be replaced by a declara-
tion on oath or, in countries where there is no provision for declarations on oath, by a sol-
emn declaration made by the person concerned before a competent judicial or administra-
tive authority, a notary or a competent professional or trade body, in the country of origin or
in the country where the economic operator is established.

Any documentation enclosed must not be older than 6 months from the deadline for appli-
cation for prequalification.

If the applicant indicates, that he is subject to one of the above-mentioned exclusion

grounds, cf. section 6, and wishes to use the “self-cleaning” procedure as set out in Section
138 of the Public Procurement Act, the applicant must submit sufficient documentation to
demonstrate its reliability despite the existence of a relevant ground for exclusion, cf. Sec-
tion 138 (3) of the Public Procurement Act.
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.

For associations (e.g. a consortium), the documentation must be submitted for each partici-
pating operator in the group. Where an applicant relies on the economic and financial ca-
pacity or technical and professional capacity of other entities, documentation for such other
entities must be provided as well.

10.3 Documentation for support from other entities

If the applicant relies on the economic/financial/technical capacity of other entities, the ap-
plicant must submit a declaration of support for each supporting entity. Supporting entities
with regard to the economic/financial capacity, must at the same time declare joint and several
liability with the applicant if the applicant is awarded the contract. The form is enclosed in
annex 5 to the tender specifications.

Linguistic changes compared to annex 5 can be accepted, but the declarations content and
binding character must not be changed.

11. NOTICE ON PREQUALIFICATION

After evaluation of the applications for prequalification received, all affected applicants will
be informed of the DEA’s decision as soon as possible and at the same time through the
electronic tendering system.

The notification of the prequalification decision will for applicants who are found not to be
eligible be accompanied by the reasons for rejection and the name of the applicants selected.
For applicants, who are found to be eligible, but who are deselected on the basis of the selec-
tion criteria cf. section 5.2, the notification will include an explanation of the advantages of
the applicants selected along with the names of the selected applicants. At the same time, the
prequalified parties will be invited to submit a preliminary tender.

12. EXAMPLES OF APPLICATIONS AND FULLFILLMENT OF MINIMUM RE-

QUIREMENTS FOR TECHNICAL AND PROFESSIONAL CAPACITY

Examples where the minimum requirements for technical and professional capacity, cf.
5.1 B a) and b), have been fulfilled:

Example 1: Applicant ”N” submits an application to participate alone:

Reference A: The applicant has completed a 288 MW offshore windfarm including an off-
shore AC-substation servicing an offshore wind farm in 2017. The wind farm and offshore
AC-substation is fully commissioned and has delivered the first kWh from the last turbine in
2017. The applicant has installed and completed all wind turbines as well as the offshore AC-
substation and the export cables to the Point of Connection. The applicant has played a lead-
ing role in all project phases from early project planning to final commissioning (minimum

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requirements B a) and B b)). The Applicant has submitted all the required information on the
reference project “A” (description requirements a.-i.).

Reference “A” fulfills the minimum main project requirements with respect to size, scope
and time of completion. The applicant also fulfills the requirement concerning role and con-
tribution throughout the project as a developer.

Applicant “N” fulfills both minimum requirements B a) and B b), and therefore the applica-
tion of “N” fulfills the minimum requirements for technical and professional capacity.

Example 2: Economic operator “X and Y” submit an application as a consortium (ap-

plicant “consortium W”):

Reference B: Economic operator “X” has completed a 750 MW offshore windfarm in Q2

2017. The applicant has installed and completed all wind turbines and the first kWh from the
last commissioned wind turbine to the grid. The applicant has played a leading role in all
project phases from early project planning to final commissioning (minimum requirement B
a)). The Applicant has submitted all the required information on the reference project “B”
(description requirements a.-i.).).

Reference C: In 2016 economic operator “Y” has completed a 600 MW AC-substation ser-
vicing an offshore windfarm completed by another economic operator. The first kWh from
the last turbine of the associated wind farm has been exported to the Point of Connection in
2016. The applicant has played a leading role in all project phases from early project planning
to final commissioning (minimum requirement B b)). The Applicant has submitted all the
required information on the reference project “C” (description requirements a.-i).

Economic operator “X” and “Y” submit one application as a consortium, “Consortium W”.

Both references “B” and “C” fulfill the minimum main project requirements with respect to
size, scope and time of completion. The economic operators involved in their respective ref-
erence fulfill the requirement concerning role and contribution throughout the project as a
developer.

Reference B of economic operator “X” fulfills the minimum requirement B a) and reference
C of economic operator “Y” fulfills the minimum requirement B b), and therefore the appli-
cation of “Consortium W” fulfills the minimum requirements for technical and professional
capacity.

Examples where the minimum requirements for Technical and professional capacity
have not fulfilled:

Example 3: Economic operator “P and Q” submit an application as a consortium (ap-

plicant “consortium U”:
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Reference D: Economic operator “P” has installed a 750 MW offshore windfarm in Q2 2018.
The applicant has installed nearly all wind turbines and the first kWh from the majority of
the wind turbines has been exported via the project associated AC-substation and the export
cables to the Point of Connection. The applicant has played a leading role in all project phases
from early project planning to final commissioning (minimum requirement B a)). The appli-
cant has submitted all the required information on the reference project “D” (description re-
quirements a.-i.)).

Reference E: In 2019 economic operator “Q” has nearly completed a 750 MW AC-substation
servicing an offshore windfarm. The AC-substation and the export cables are in operation
and first kWh from the majority of the wind turbines has been exported to the point of con-
nection. The applicant has played a leading role in all project phases from early project plan-
ning to final commissioning (minimum requirement B b)). The applicant has submitted all
the required information on the reference project “E” (description requirements a.-i.)).

Economic operator “P” and “Q” submit one application as a consortium, “Consortium U”.

Both references “D” and “E” fulfill the minimum requirements with respect to size and scope.
The Economic operators involved in their respective reference fulfill the requirement con-
cerning role and contribution throughout the project as a developer. However, both projects
are not fully commissioned in terms of having delivered the first kWh from the last turbine
to the Point of Connection.

Reference D of economic operator “P” does not fulfill the minimum requirement B a) and
reference E of economic operator “Q” does not fulfill the minimum requirement B b), and
therefore the application of “Consortium U” does not fulfill the minimum requirements for
technical and professional capacity.

Example 4: Economic operator ”T” and economic operator “V” submit an application
as consortium “H”:

Reference F: The economic operator “T” has completed a 300 MW offshore windfarm in
2018. The applicant has completed all the wind turbines. The economic operator “T” joined
the project development during the execution phase after all turbine foundations had been
installed, where after he played a leading role during the rest of the project phases until final
commissioning (minimum requirement B a)). The applicant did not take part in planning,
design and procurement. The economic operator “T” has submitted the required information
on the reference project “F” (description requirements a.-i.)).

Reference G: The economic operator “V” has invested in an offshore AC-substation in 2017.
The AC-substation and the export cables are in operation and first kWh from the last wind
turbine has been exported to the point of connection. The economic operator “V” has not
played a role in the planning, procurement and execution phase of constructing the offshore

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AC-substation (minimum requirement B b)). The economic operator “T” has submitted the
required information on the reference project “G” (description requirements a.-i.)).
Economic operator “T” and “V” submit one application as a consortium, “Consortium H”.

Both references “F” and “G” fulfill the minimum requirements with respect to size and scope.
However, reference “F” of economic operator “T” does not fulfill the requirements for tech-
nical and professional capacity as the economic operator “T” does not fulfill the requirement
concerning role and contribution throughout the project as a developer by having played a
role in at least 3 of the 5 the required key areas. The reference must show experience with
minimum 3 of the 5 key areas of project planning, design, procurement, execution and quality
control of an offshore wind farm, which is not the case. Reference “G” of economic operator
“V” does not either fulfill the requirements for technical and professional capacity as the
economic operator “V” does not fulfil the requirement concerning role and contribution
throughout the project as a developer. The reference must show experience with minimum 3
of the 5 key areas of project planning, design, procurement, execution and quality control of
an offshore wind farm, which is not the case.

Reference “F” of economic operator “T” does not fulfill the minimum requirement B a) and
reference “G” of economic operator “V” does not fulfill the minimum requirement B b), and
therefore the application of “Consortium H” does not fulfill the minimum requirements for
technical and professional capacity.

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