Wind Turbine Generator Package

Aanvullende informatie

A) Substantiating information to be supplied as part of your application.

The Respondents Application shall contain all information as listed below. Information is to be provided in the format and order as described with clearly marked tab sheets. The structure of the electronic version of the application shall follow the numbers of sections and paragraphs of this request and shall include all listed information including scans of original signed documents and declarations.

1. Respondents Name, including legal form and full address of incorporation. In case Respondent is a Joint Venture or consortium, please include this information for each participant.

2. Detailed contact information of the person responsible for the communication on behalf of the Respondent.

3. Respondents organizational structure, including shareholder and grouping structure and parent/holding company structure if applicable (please include comprehensive organization charts including legal entity names and relations). In case Respondent is a Joint Venture or consortium, please include this information for each participant.

4. General company information, including history and current business outline. In case of a Joint Venture, please include this information for each participant, but in particular for the Joint Venture itself.

5. All requested information listed in III.2) Conditions for participation shall be supplied as part of your Application. Please make clear references to each minimum requirement the information is related to.

B) Additional joint venture requirements and information.

If the Respondent is to form a Joint Venture of two or more legal entities (herein referred to as 'Joint Venture' or 'JV') whether incorporated or unincorporated - the following additional requirements apply:

1. The obligations, risks and liabilities imposed on the Respondent by the tender process and / or by any agreement as a result of this tendering process, if awarded, shall be guaranteed by the partners in that Joint Venture jointly and severally. The Respondents Application and any resulting tender and/or agreement shall be signed for each of those parties by the person or persons authorized to make legally valid commitments;

2. At Conditional Contract Award, the Respondent shall submit proof that the agreement amongst the Joint Venture partners provides that:

a. if a Joint Venture partner goes into liquidation or has a receiving order issued against it, such partner will consent to, and the other partner(s) shall procure that all construction equipment, including without limitation tools, computer programs, and software furnished by the partner in question, and all subcontracts entered into by it, shall continue to be available, or, as the case may be, shall be assigned to the other partner(s), and

b. Statement to evidence that the Joint Venture is registered in the register of companies.

3. The following information shall be included in the Respondents Application:

a. the full legal name of the partner nominated to act as manager of the Joint Venture and who, in such capacity, is authorized or shall be authorized to incur liabilities and enter into contractual relationships with third parties, including settlement of any disputes hereunder, to receive and act upon instruction from Vattenfall, to make and receive payments, all on behalf of the Joint Venture.

b. Statement of consent of the parent of each Joint Venture partners that the respective subsidiary has entered into the Joint Venture for the purpose of this Contract.

4. The Joint Venture shall remain unchanged throughout the whole procedure for the settlement of Contract. If unforeseen circumstances require a change in the composition of such consortium, the awarding entity may allow such change at its sole discretion provided that the change does not distort competition amongst the Tenderers.

C) Other additional requirements and information.

1. In case Respondents belong to the same group company and/or consortium of service providers and are affiliated to each other by way of consolidated annual accounts or in any other financial-administrative sense, only one of the parties shall be allowed to respond to this Announcement.

2. The Respondents Application and all annexed documents shall be written in English.

3. Under no circumstance shall Vattenfall be liable for any costs or expenses, incurred by the responding party in connection with the Respondents Application or any resulting tendering procedure.

4. Vattenfall reserves the right to suspend or terminate this tendering process either entirely or parts thereof, either temporarily or definitively. In addition, Vattenfall has no obligation to enter into any agreement.

5. Confidentiality to be observed by the Respondent

By participating in the tender, the Respondent undertakes to keep all information that he receives from the Contracting Entity – insofar as such is not available in the public domain – and all information they either submit to the Contracting Entity or otherwise produce in the context of the tender, as confidential and not to disclose such information to third parties.

Respondent may provide his employees or contractors who are involved in the tender with such information provided this Confidentiality Agreement is imposed upon them. This obligation does not apply if the contrary expressly appears from this Prequalification Questionnaire or Invitation to Tender or other official communication from the Contracting Entity. The Respondent will continue to be bound by the Confidentiality Agreement entered into between the Respondent and the Contracting Entity. The Respondent shall request the Contracting Entity for the Confidentiality Agreement and this Agreement shall be signed and send to the Contracting Entity together with the Respondents Application. Upon request the Confidentiality Agreement shall be send to the Respondent as additional information.

6. Confidentiality to be observed by the Contracting Entity:

The Contracting Entity shall not reveal the confidential information supplied by a Respondent at his own initiative to other Respondents without the express consent of the respondent in question. By participating in the tender, possible intellectual property rights to which the Respondent is entitled do not pass to the Contracting Entity, unless otherwise agreed.

7. Respondents that do not comply with the requirements as set out in this Prequalification Questionnaire shall be excluded from further participation in this Tender.

8. The Contracting Entity is authorized to verify the references given, including by requesting Respondents that declarations made by employers of the quoted reference projects will be sent directly to the Contracting Entity, or by asking for audited statements. The Contracting Entity may also require the Respondents to supplement or clarify the certificates and documents submitted.

Rechtsvorm van de combinatie van ondernemers aan wie de opdracht wordt gegund

If the contract is awarded to an applicant that consists of more than one economic operator (e.g. a consortium or a joint venture (whether incorporated or unincorporated)), all the economic operators are required to undertake joint and several liability and to authorise one party to represent the group.

Informatie over termijnen voor beroep

Complaints about the prequalification are to be submitted to Klagenævnet for Udbud (The Danish Complaints Board for Public Procurement) within 20 calendar days of the day following the day on which the contracting authority has sent notification to interested applicants as to which applicants have been prequalified, if the notification contained a brief explanation of the relevant reasons for the decision.