Official name: Ørsted Wind Power A/S
National registration number: CVR DK 31 84 92 92
Postal address: kraftværsvej 53
Town: Fredericia
NUTS code: DK0 Danmark
Postal code: 7000
Country: Denmark
Contact person: Luca Piccardi
E-mail: lucpi@orsted.dk
Telephone: +45 99554453
Internet address(es):
Main address: https://orsted.com/
Address of the buyer profile: https://orsted.com/en/our-business/offshore-wind

Body governed by public law

Other activity: Energy

Industrial Control Systems Service Level Agreement Exemption Renewal

72212150 Industrial control software development services

Services

The Ørsted requirements to the IT security and services needed in relation to Service Level Agreements on the Industrial Control Systems (ICS) for Offshore wind farms is not a standard market delivery, as systems are proprietary and therefore serviced by the supplier delivering the systems. The existing supplier of the ICS is the only one who can meet these requirements due to intellectual property rights. Switiching technology or Service Method for the Industrial control system poses a significant threat to the stability of the Asset.

This contract is divided into lots: no

Value excluding VAT: 1 500 000.00 EUR

NUTS code: DE Deutschland

NUTS code: DK Danmark

An entire wind farm' ICS solution consists of a central ICS server, connected to peripheral controllers and terminal units. On the controller and unit side, there is direct connection to turbines and transmission equipment to manage the power production. The upgrade of Central ICS solution is consisting of new hardware and configurations (servers, gateways etc.), as well as upgrades of the central software. There is a strong dependency between the central software, hardware and the peripheral technical operation of the turbines and transmissions of the ICS. It is not technically possible to switch the provider of the Central ICS solution (software and hardware), without having to change the entire ICS solution, including peripheral controllers and units, for the entire wind farm. On Orsted's operated wind farms, the software in the controllers and the units are supplier proprietary solutions, specifically built to operate with a central ICS solution from the same provider; meaning, that the intellectual property rights are owned exclusively by the Supplier of the ICS system. Thus, any third party supplier will not be able to upgrade the ICS system without interfacing with the Supplier who owns the ICS solution. The only way to change contractor, will therefore be to tender for a completely new ICS for the whole of each wind farm. Orsted Wind Power A/S has made a calculation of whether it would be commercially attractive to implement a new upgraded ICS solution. A very conservative estimate of the costs associated with the implementation of a new upgraded ICS solution on a wind farm (including lost downtime revenue) compared o upgrading the existing ICS solution is more than a factor 10. This estimate is not counting in the significant higher amount of resources needed for a new implementation as well as risks inherent to the change of configuration. Therefore, Orsted Wind Power A/S has within its discretion to decide how to fix the issue at hand, opted to upgrade instead of to replace the ICS system. It is therefore the contracting entity' intent to award the contract to the ICS supplier without prior publication of a contract notice in accordance with article 50, letter c), ii-iii).

Quality criterion - Name: Performance stability and servicebility of the existing substation control system / Weighting: 80

Price - Weighting: 20

Options: yes

Description of options:

Training requrements for proprietary Industrial control systems to be conducted to Orsted employees in order to increase Orsted saviness on how to correctly operate the supplier Proprietary System

The procurement is related to a project and/or programme financed by European Union funds: no

Not Applicable.

Negotiated procedure without prior publication

Explanation:

The main rule is that any purchase for our wind parks exceeding the EU thresholds shall be tendered for in accordance with the rules in the Utility Directive. However, certain exemptions apply to the main rule. Legal has identified the exemption in article 50, letter c) no ii-iii) as the one that might be applicable to the purchase of ICS upgrades (HW and SE). According to this exemption ‘Contracting entities may use a negotiated procedure without prior call for competition in the following cases: c) where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons:

(i) the aim of the procurement is the creation or acquisition of a unique work of art or artistic performance;

(ii) competition is absent for technical reasons;

(iii) the protection of exclusive rights, including intellectual property rights.’

The procurement involves the establishment of a framework agreement

The procurement is covered by the Government Procurement Agreement: no

Notice number in the OJ S: 2016/S 167-300704

Title:

Service Level Agreement for Industrial Control Systems

30/04/2021

The contract has been awarded to a group of economic operators: no

Official name: Siemens A/S
National registration number: CVR DK 40664904
Town: Ballerup
NUTS code: DK Danmark
Postal code: 2750
Country: Denmark

The contractor/concessionaire will be an SME: no

Total value of the contract/lot/concession: 1 500 000.00 EUR

Official name: Klagenævnet for Udbud
Postal address: Dahlerups Pakhus, Langelinie Allé 17
Town: København Ø
Postal code: 2100
Country: Germany
E-mail: klfu@erst.dk
Telephone: +45 35291095
Internet address: http://www.klfu.dk/

Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000
Internet address: http://www.kfst.dk/

07/05/2021