CTV Management DK 2021

This tender concerns the procurement of management services which include delivery of:

(a) technical management; and

(b) Crew Management,

For operation of the six (6) Crew Transfer Vessels (CTV) owned by Ørsted Wind Power A/S (‘Owners’ or ‘Contracting Entity’), and servicing the owners three Danish wind farms Anholt, Horns Rev 2 and Nysted, and are stationed at the three ports; Grenaa (3 CTV), Esbjerg (2 CTV) and Gedser (1 CTV). The CTVs can be relocated between the sites in accordance with the workload at the various sites.

The vessels are operating all year in normally service pattern of 12 hours during the day. During maintenance campaigns and under extraordinary conditions, individual vessels may be requested to provide 24 hours service for limited periods.

Management service for the three Danish wind farms are awarded combined as one lot (see Tender Conditions).

Grenaa, Esbjerg and Gedser.

Ørsted Wind Power A/S owns six Crew Transports Vessels (CTV) to support the three Danish wind farms ‘Anholt’, ‘Horns Rev 2’, ‘Nysted’ transporting passengers, tools, equipment and spare parts between shore and offshore installations. The CTV’s are today managed by an external partner with the responsibility of:

(a) technical management; and

(b) crew management, and who as an agent and on behalf of owners conduct the services in accordance with sound ship management practice and promote the interests of the owners in all matters relating to the provision of services management services, with an aim of:

• keeping a TRIR = 0;

• providing highest possible availability of the vessels;

• keeping operational costs at or below budget by applying permanent and dedicated attention to the vessels’ operational conditions and preventive maintenance.

The fleet of vessels consist of six (6) Crew Transfer Vessels, of which 4 vessels are registered as General Cargo Ships and 2 are registered passenger ships. All vessels are registered in Danish International Register of Shipping (DIS). The Vessels are stationed in Denmark at 3 different ports. Normally there are 3 stationed in Grenaa, 2 in Esbjerg and 1 in Gedser. The CTVs can be relocated between the Sites in accordance with the workload at the various sites.

It is owners intention to procure the ship-management services from 1 (one) supplier, who is responsible for safe operation and being appointed as ‘the Company’, and taking over the duties and responsibilities imposed by the Flag State and EU in regard to the ISM Code, ISPS and MLC 2006 throughout the agreement.

The commencement of the agreement and start of operation is 1 October 2021.

The procurement includes overall the following services cf. the agreement (modified BIMCO Shipman 2009) and scope of service:

(a) technical management; clear objectives of optimizing and improving performance whilst reducing running cost, still with high focus on safe operation and with the CTVs well pro-active maintained to a high standard both visually and operationally, and highest possible availability;

(b) crew management with a clear objective of attracting, employing and retaining well qualified, physically fit and service minded masters and crews dedicated to the owners CTVs, to ensure a safe and efficient operation of these.

The administration includes compliance with the flag state requirements and the requirements of the individual country of domicile for each crew member ensuring, but not limited to: payroll arrangements, taxes, arranging transportation and accommodation, onboarding, training, etc.

Ørsted Wind Power A/S does not in this tender require locally based crew. It is up to the tenderer to plan and organize its operation to fulfill the requirements.

The contract is a five (5)-year contract plus option for five (5) times one (1) year extension.

Applicants will be pre-qualified for the tender procedure.

If the number of applicants applying for pre-qualification exceeds 5, the contracting entity will perform the pre-qualification on the basis of the following criteria with the weights specified:

— financial and economic capacity: 20 %;

— experience (references): 80 %.

The assessment regarding the applicant’s economic and financial capacity will be based upon an overall assessment of the below three areas (in prioritized order) based on the information submitted in reply to section III.1.2):

— solvency,

— liquidity,

— profitability.

The assessment of the applicants experience will be based on the owners evaluation of the information regarding experience, cf. section III.1.3), and will be an overall assessment where the following elements will be taken into account in prioritized order:

— the more relevant and comparable the experience is to the tendered scope, cf. section II.2.4), especially concerning the following relevant experience in prioritized order

• documented experience with technical management of vessels (and it will be considered positively if the experience regards CTV’s);

• documented experience with crew management.

— size of references both in terms of value and duration (it will be considered positive if the applicant has experience with agreements that both in terms of value and duration are similar to the contract in question or even bigger);

— recentness of the references (the newer the better);

— amount of references (the more relevant and comparable references, the better);

— whether the references are within the offshore wind industry.

Please note that this is a negotiated procedure. To the extent permissible under applicable law and pursuant to the principles of equal treatment, non-discrimination and transparency, the tender documents may as a result undergo changes as part of the negotiation process.

The applicant is encouraged to provide the following figures based on the latest two signed and approved annual reports in the eESPD part IV.B: ‘Economic and financial standing’ or in the designated spread sheet (Economic and Financial Standing – Template):

1) Turnover (revenue);

2) Net result before tax;

3) Current assets;

4) Total assets (sum of all assets);

5) Total shareholder’s equity (equity including minority shares);

6) Current liabilities;

7) Intangible assets;

8) Inventories;

9) Trade receivables;

10) Cash and cash equivalents;

11) Trade payables;

12)Total interest-bearing debt (bank loans, draw on revolving credit facilities and corporate bonds).

If the applicant is a newly established legal entity and is not able to submit the figures above the applicant is encouraged to provide the opening balance.

If the applicant only has one approved annual report at the pre-qualification deadline the applicant is encouraged to provide those figures and to inform the contracting entity that the applicant only has one approved annual report.

A newly established legal entity is encouraged to consider relying on the economic and financial capacity of the parent company or any other supporting entity.

If the applicant has not provided all or any of the figures or the opening balance as mentioned above the owners may choose to ask for this information. However, the owners also has the choice of assessing the figures or the opening balance based on the information provided by the applicant, in such case, it will be evaluated negatively in the assessment that the applicant has not submitted all the information.

If the applicant is:

(a) relying on the capacities of one or more other entities (e.g. a parent or sister company or a subcontractor); or

(b) the applicant is a group of economic operators (e.g. a consortium) the information for the eESPD part IV.B must also be given in a separate eESPD from each of these entities including information on joint and several liabilities towards the contracting entity for the performance of the contract as a whole. It is the sole responsibility of the applicant to secure that the minimum level(s) of standards required are reached when the applicant is relying on the capacity of other entities or when the applicant is a group of economic operators (e.g. a consortium).

The applicant is encouraged to submit a description of its ownership and corporate structure. If the applicant is a subsidiary, the applicant is encouraged to submit the name of the highest possible group parent – being an entity directly or indirectly controlling more than 50 % of the applicant. The information may be provided in part V of the eESPD. The contracting entity reserves the right to set a deadline for submission of the description of ownership structure after the deadline for request to participate.

Continued below in ‘Minimum level(s) of standards possibly required’ under ‘Additional information’.

Documentation for information in the eEPSD:

Owners expect to request all ESPD documentation just after the decision on pre-qualification.

Financial information in the ESPD Part IV, Section B – Selection criteria must be verified. Verification can be done by submitting:

• annual accounts for the relevant financial years; or

• by the auditor’s statement.

Unless the contracting entity can obtain the relevant information directly through access to a national database or if the contracting entity already has the necessary information from previous tender procedures.

Additional information:

If the applicant relies financially on another legal entity, and this entity is a parent company to the applicant and the companies have consolidated accounts, it is possible to submit financial information for the parent company only but it shall be made clear from part II C of the eESPD that the Applicant relies on the economic and financial information of the parent company or any other supporting entity by ticking ‘yes’ in section II C of the eESPD: ‘Does the economic operator rely on the capacities of other entities.’ In such cases the Applicant is encouraged to state that it has consolidated accounts.

If the applicant is part of a profit sharing agreement with another legal entity, cf. for example Germany’s Ergebnisabführungsvertrag or equivalent legal arrangement or if the parent company of the applicant has made a statement according to the Dutch Civil Code article 2:403 (a ‘403 statement’) or equivalent legal arrangement, the Applicant should declare in the eESPD part II C that it relies on another entity. Further the supporting entity shall fill out a separate eESPD. The applicant or the supporting entity should explicitly mention the profit-sharing agreement/403 statement in the eESPD part V. In case of a profit-sharing agreement the evaluation will be based on the figures for the financially strongest entity participating in the arrangement. Only this company has to insert financial figures in the eESPD part V. In case of support from a parent company the information will be based on financial figures from both entities which accordingly both have to insert financial figures in the eESPD part V, unless the applicant and the companies have consolidated accounts, cf. above.

Please submit information about your experience with management service, both in technical management and crew management, preferably with client CTVs, undertaken in the past five (5) years. Information to be stated in ESPD section IV or by using the included template in Document A.03 References. It is a requirement that the references combined document experience within both technical management and crew management.

Applicants are encouraged to include the following information for each reference:

• name of customer, location and contact information for the entity in question (the contracting entity reserves the right to find or request contact information after submission);

• date of initiation and final delivery (day, month, year);

• description of the service including:

— information about the vessels, type, availability:

— function and assignment.

Any ambiguities and/or incomprehensibilities concerning the above information may have a negative effect on the selection of candidates, cf. section II.2.9), but will not in itself lead to non-compliance. Please note the ‘description’ box can contain more text than is visible. I.e. it is possible to copy and paste text into the box.

If the applicant wishes to improve its technical and professional assessment by relying on the technical capacity of another legal entity, the applicant must indicate this by ticking ‘yes’ in part II C of the eESPD, and the supporting legal entity must fill in a separate eESPD with the relevant information.

— at least 1 reference must document experience with technical management:

— at least 1 reference must document experience with crew management

It is possible for one reference to document experience with both technical management and crew management.

Documentation for information in the eEPSD:

Owners expect to request all ESPD documentation just after the decision on pre-qualification.

References:

Information on references provided in the ESPD Part IV, Section C – Selection criteria is not required to be verified. The contracting entity does, however, reserve the right to contact the reference customers to verify content of the reference.

The information is stated in the tender documents.

Access to event in Ørsted Procurement Portal:

1) Register on www.orstedprocurement.com under ‘Register Here’ if you have not already done so.

2) Log-in to portal;

3) Click on ‘My RFIs’;

4) Click ‘RFI Open to All Suppliers’;

5) Search for ‘Project_172’ or ‘CTV Management DK 2021’;

6) Click on the RFI;

7) Click ‘Express Interest’ and click ‘OK’ to the pop-up messages;

8) The RFI is now moved over to ‘My RFI’s’ and you can see the tender materials.

The application for pre-qualification can be submitted in Danish or English. However, the tender shall be submitted in English only, cf. the tender conditions.

Documentation:

In continuation of the notification of pre-qualification, the tenderer, other entities and participants in e.g. a consortium must, at the contracting entity’s request, submit documentation for the information provided in the ESPD in connection with the pre-qualification.

This includes:

A. economic and financial standing;

B. letter of support and declaration of joint and several liability.

Please note:

— where an applicant rely on the capacities of other entities, it shall prove to the contracting entity that it will have at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect, which must be submitted as part of the final documentation. Please use the letter of support template in the tender documents;

— further, the final documentation must include a signed declaration by all parties of the group of economic operators (joint venture, consortium or other) stating that all economic operators assume joint and several liabilities towards the contracting entity for the performance of the contract as a whole;

— conditions relating to the contract will be stated in the tender documents, however, please note that the contracting entity reserves the right to demand a performance security (for proper performance of all obligations under the contract) comprising:

(a) an on-demand performance bond issued by a bank or insurance company with a rating specified in the tender material.

If the applicant is a subsidiary, the contracting entity also reserves the right to demand:

(b) a parent company guarantee provided by a parent within the group (‘Parent Company Guarantee’).

— the applicant and parent company, if any, may be requested to deliver updated annual accounts during the duration of the contract;

— the reasons for not dividing into lots is described in the tender conditions;

— tenderers are not invited to be present at the opening of the tenders.

The anticipated progress of the negotiation procedure is:

The contracting entity reserves the right to award the contract based on the initial tender. As a result, tenderers cannot rely on the possibility to enter into negotiations.

If the contracting entity decides not to award based on the initial tender, the below outlined process will be;

1) All pre-qualified tenderers are invited to submit a preliminary offer with description of how they intend to handle the assignment for the whole agreement period, price, and possible reservations to the tender material. The preliminary offer will be the basis of the first negotiation round;

2) All pre-qualified tenderers are invited to submit a revised offer. Thus, all tenderers will have the opportunity to submit a first offer and a revised offer and to participate in at least one round of negotiations. The revised tender will be considered the tenderer's BAFO, unless the contracting entity decides that one or more additional round(s) of negotiations with all tenderers are necessary.

3) If the contracting entity considers it necessary, it may call for one or more additional rounds of negotiations.

The contracting entity reserves the right to nominate a short list of tenderers for the additional negotiations.

For further information please see the tender conditions.

Precise information on deadline(s) for review procedures:

Complaints about not having been pre-qualified must be filed with the Complainants Board for Public Procurement (Klagenævnet for Udbud) within 20 (twenty) calendar days from the day after the day when the contracting entity has notified the applicants in question about the result of the pre-qualification, provided that the notification contains a short statement of relevant reasoning behind the decision. The complainant must notify the contracting entity in writing of the filing at the latest when complaint is filed.

Other complaints must be filed with The Complaints Board for Public Procurement within:

1) 45 calendar days after the contracting entity has published a contract award notice in the Official Journal of the European Union (with effect from the day following the publication date).