Anunțul 773940-2026 pentru Danemarca – Lucrări de construcţii – Hesselø Offshore Wind Farm este publicat de Danish Energy Agency și este încadrat la codul CPV 45000000.
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Award of the Concession Agreement to the most economically advantageous tender took place on the basis of the award criterion, “price”. The award criterion, “price”, was assessed on the basis of the bid price offered by the Tenderer in the Tender Submission Letter (Annex A), in the Procurement Specifications. The offered bid price was required to constitute a price per unit of electricity in DKK/MWh excl. VAT, which the Tenderer would be guaranteed for the duration of the 20-year subsidy period. The bid price of the Successful Tenderer constitutes the so-called “strike price” under the Concession Agreement, cf. Appendix F (Concession Agreement) and Appendix 3 (Capability-Based Two-Way Contract for Difference). The Tenderer submitting the tender with the lowest offered bid price was awarded the right and obligation to establish an offshore wind farm in the concession area, as set out in Appendix 2 (Location of the Concession Area).
Award criterion name LOT
Bid price.
Award criterion number LOT
100
Award criterion number weight LOT
per-exa
Award criterion type LOT
price
Contract conclusion date
2026-11-04Z
Contract duration period LOT
YEAR
Contract eu funds details res
The Danish Energy Agency receives EU funding from the REPowerEU, cf. Addendum to Denmarks Recovery and Resilience Plan - REPowerEU Chapter (https://fm.dk/media/27148/addendum-to-denmarks-recovery-and-resilience-plan-repowereu-chapter.pdf), for the preparations and conduction of the procurement process.
TED Reference: Contract Notice No. 774658-2025 Bid Price: Due to the technical format of eForms, the winning bid price is stated in the relevant field of this notice with two decimal places as DKK/MWh 541.99. The bid price submitted by the successful tenderer is DKK/MWh 541.9850. Procurement timeline: The tender was published on 20 November 2025, and the deadline for submission of tender was 20 May 2026 at 14:00 p.m. (local Danish time). The Danish Energy Agency awarded the tender on 4 August 2026. Regarding the estimated value of the concession: The estimated value of the concession is 21,900,000,000.00 DKK, corresponding to the subsidy cap under the capability-based two-way CfD scheme, covering the required establishment of an offshore wind farm with a production capacity of electricity of 800 MW. Regarding the decision not to divide the contract into lots: Due to the contract’s technical characteristics, financing conditions, risk and liability allocation, and the need for long-term operational optimization, the DEA deemed that dividing the contract into lots would not be appropriate. The contracting authority therefore found that a single concession contract would ensure the most advantageous technical and economic solution, as well as the optimal allocation of risk and responsibility. The Successful Tenderer: The tender was submitted by Vattenfall Vindkraft Offshore Wind DK P/S. As of 15 September 2026, the company changed its name to Vattenfall Vindkraft Hesselø P/S. The change concerns the company name only; the legal entity and business registration number are unchanged. The Successful Tenderer does not constitute a consortium, joint venture or other grouping of economic operators.
TED Reference: Contract Notice No. 774658-2025 Bid Price: Due to the technical format of eForms, the winning bid price is stated in the relevant field of this notice with two decimal places as DKK/MWh 541.99. The bid price submitted by the successful tenderer is DKK/MWh 541.9850. Procurement timeline: The tender was published on 20 November 2025, and the deadline for submission of tender was 20 May 2026 at 14:00 p.m. (local Danish time). The Danish Energy Agency awarded the tender on 4 August 2026. Regarding the estimated value of the concession: The estimated value of the concession is 21,900,000,000.00 DKK, corresponding to the subsidy cap under the capability-based two-way CfD scheme, covering the required establishment of an offshore wind farm with a production capacity of electricity of 800 MW. Regarding the decision not to divide the contract into lots: Due to the contract’s technical characteristics, financing conditions, risk and liability allocation, and the need for long-term operational optimization, the DEA deemed that dividing the contract into lots would not be appropriate. The contracting authority therefore found that a single concession contract would ensure the most advantageous technical and economic solution, as well as the optimal allocation of risk and responsibility. The Successful Tenderer: The tender was submitted by Vattenfall Vindkraft Offshore Wind DK P/S. As of 15 September 2026, the company changed its name to Vattenfall Vindkraft Hesselø P/S. The change concerns the company name only; the legal entity and business registration number are unchanged. The Successful Tenderer does not constitute a consortium, joint venture or other grouping of economic operators.
The location site of the Offshore Wind Farm is further specified in the procurement material, Appendix 2 (Location of the Concession Area).
Place of performance addtional LOT
The location site of the Offshore Wind Farm is further specified in the procurement material, Appendix 2 (Location of the Concession Area).
Place of performance country LOT
DNK
Place of performance country PROC
DNK
Place of performance subdiv LOT
DK013
Place of performance subdiv PROC
DK013
Procedură și anunț6
Legal basis
32014L0024
Legal basis NOTICE
32014L0024
Legal basis PROC
Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments
Legal basis text
The directive 2014/24/EU on public procurement as implemented into Danish law by the Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments (in Danish: Udbudsloven).
Procedure identifier
6574c4b3-7817-4315-aaf3-ca5f1a9bc251
Procedure type
open
Clasificare CPV2
Main classification type LOT
cpv
Main classification type PROC
cpv
Valori2
Total value
21900000000
Total value CUR
DKK
Termene și durate2
Duration period unit LOT
YEAR
Duration period value LOT
40
Căi de atac1
Review deadline description LOT
According to the Danish Complaints Board for Public Procurement Act (statutory order no. 448 from 8. May 2025), the following deadlines apply for submission of complaint regarding the procurement procedure: Complaints regarding the procurement procedure must be submitted to the Danish Complaints Board for Public Procurement within: 1) 45 calendar days after the contracting authority has published a notice in the Official Journal of the European Union stating that the contracting authority has entered into a contract. The deadline is calculated from the day after the day on which the notice has been published. 2) 30 calendar days counted from the day after the day on which the contracting authority has notified the affected tenderers that a contract based on a framework agreement with re-opening of the competition or a dynamic purchasing system has been entered into, if the notification has given a reason for the decision. 3) six months after the contracting authority has entered into a framework agreement calculated from the day after the day on which the contracting authority has notified the affected applicants and tenderers, see section 2 (2) of the Danish Complaints Board for Public Procurement Act, and article 40 of directive 2014/23/EU on the award of concession contracts. At the latest at the same time as a complaint is submitted to the Danish Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint is being submitted to the Danish Complaints Board for Public Procurement, and whether the complaint has been submitted during the standstill period, cf. section 6 (4) of the Danish Complaints Board for Public Procurement Act. In cases where the complaint has not been submitted during the standstill period, the complainant must also indicate whether a suspensive effect of the complaint is requested, cf. section 12 (1) of the Danish Complaints Board for Public Procurement Act. The email address of the Danish Complaints Board for Public Procurement: [email eliminat] The Danish Complaints Board for Public Procurement’s guidance on submitting complaints can be found at: https://naevneneshus.dk/naevnsoversigt/klagenaevnet-for-udbud/vejledning/
Date de contact publicate în TED
25
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Textul integral publicat de TEDextinde
TED Reference: Contract Notice No. 774658-2025 Bid Price: Due to the technical format of eForms, the winning bid price is stated in the relevant field of this notice with two decimal places as DKK/MWh 541.99. The bid price submitted by the successful tenderer is DKK/MWh 541.9850. Procurement timeline: The tender was published on 20 November 2025, and the deadline for submission of tender was 20 May 2026 at 14:00 p.m. (local Danish time). The Danish Energy Agency awarded the tender on 4 August 2026. Regarding the estimated value of the concession: The estimated value of the concession is 21,900,000,000.00 DKK, corresponding to the subsidy cap under the capability-based two-way CfD scheme, covering the required establishment of an offshore wind farm with a production capacity of electricity of 800 MW. Regarding the decision not to divide the contract into lots: Due to the contract’s technical characteristics, financing conditions, risk and liability allocation, and the need for long-term operational optimization, the DEA deemed that dividing the contract into lots would not be appropriate. The contracting authority therefore found that a single concession contract would ensure the most advantageous technical and economic solution, as well as the optimal allocation of risk and responsibility. The Successful Tenderer: The tender was submitted by Vattenfall Vindkraft Offshore Wind DK P/S. As of 15 September 2026, the company changed its name to Vattenfall Vindkraft Hesselø P/S. The change concerns the company name only; the legal entity and business registration number are unchanged. The Successful Tenderer does not constitute a consortium, joint venture or other grouping of economic operators.
The Danish Parliament has in recent years agreed to a large expansion in offshore wind farms in Denmark. The aim is to ensure the green transition and strengthen the future security of supply of energy in Denmark. The political agreements that this procurement concerns are: - Climate Agreement from 29 June 2018, - Climate Agreement from 22 June 2020, - the Financial Act from 4 December 2022, - Climate Agreement regarding green electricity and heat from 25 June 2022, - Additional Agreement on the procurement details regarding 6 GW offshore wind and Energy Island Bornholm from 30 May 2023, and - Agreement on procurement frameworks for three offshore wind farms from 19 May 2025 as adjusted on 7 November 2025. This procurement concerns the establishment of one (1) new large-scale offshore wind farm named Hesselø, pursuant to Directive 2014/24/EU on public procurement as implemented into Danish law by the Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments (in Danish: Udbudsloven). The procurement procedure applicable to this procurement constitutes an open procedure, cf. section 56 of the Danish Public Procurement Act. Hesselø will in the following be called "the Offshore Wind Farm". The Concessionaire is granted a right and obligation to utilise the concession area for the establishment and operation of an offshore wind farm with a minimum capacity of 800 MW for the purpose of producing and distributing electricity at the sole risk and expense of the Concessionaire. Notwithstanding the foregoing, the Concessionaire of the Offshore Wind Farm will be economically supported for the electricity produced from the minimum capacity by a capability-based two-way contract for difference ("CfD") scheme for a period of 20 years. Under the capability-based two-way CfD scheme, the Concessionaire must make payments to the Danish State in months where the strike price (equal to the bid price of the Successful Tenderer) is lower than the reference price (calculated by the Danish Energy Agency ("DEA") as the weighted monthly average of the day-ahead prices, weighted by the maximum power production capability of the turbines or "Available Active Power"). There is no cap on the payments from the Concessionaire to the Danish State, and the Concessionaire has no option to opt out of the capability-based two-way CfD scheme. Correspondingly, in months where the strike price is higher than the reference price, the Concessionaire will receive subsidies up to a cap of DKK 21.9 billion excl. VAT (2025 prices) in the form of payments from the Danish State. The scheme constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union (TFEU). The minimum capacity of the Offshore Wind Farm shall be established no later than 31 December 2032. The Concessionaire will in special cases be entitled to an extension of this deadline. Connection of the Offshore Wind Farm to the Danish transmission grid is voluntary for the Concessionaire. The Concessionaire may establish overplanting capacity in excess of the required minimum capacity within the Concession Area, i.e. it is optional for the Concessionaire to establish more than 800 MW capacity within the Concession Area. Furthermore, the Concessionaire may exploit the production capacity of electricity from the Offshore Wind Farm for energy production, such as but not limited to innovative energy production (e.g. Power-to-X), if this is otherwise possible within the applicable legislation. With the sole exception of the capability-based two-way CfD scheme, the Concessionaire bears all commercial risks associated with the establishment, operation and decommissioning of the Offshore Wind Farm, including any potential overplanting capacity. Such commercial risks include, but are not limited to, legislative changes and general market conditions and demands. Additionally, the Concessionaire is responsible for the commercial risks related to any innovative energy production (e.g. Power-to-X facility). The Concessionaire shall bear the costs as stipulated in the construction permit. Please note that contrary to earlier procurements rounds concerning offshore wind the Concessionaire shall not bear the actual cost of the temporary and permanent preventive measures, which by decision of the Danish Defence must be implemented by the Concessionaire to prevent deteriorations in the quality of the current military radio communication and radar surveillance caused by the Offshore Wind Farm. Such costs will be borne by the Danish Defence. Furthermore, contrary to earlier procurements rounds for offshore wind, the Concessionaire shall not pay the cost of the offshore preliminary investigations performed by Energinet, cf. section 23 (3) of the Renewable Energy Act (RE Act), statutory order no. 132 of 6 February 2024. Such costs will be borne by the Danish State. The location site of the Offshore Wind Farm is further stated below under section "Place of Performance".
Award of the Concession Agreement to the most economically advantageous tender took place on the basis of the award criterion, “price”. The award criterion, “price”, was assessed on the basis of the bid price offered by the Tenderer in the Tender Submission Letter (Annex A), in the Procurement Specifications. The offered bid price was required to constitute a price per unit of electricity in DKK/MWh excl. VAT, which the Tenderer would be guaranteed for the duration of the 20-year subsidy period. The bid price of the Successful Tenderer constitutes the so-called “strike price” under the Concession Agreement, cf. Appendix F (Concession Agreement) and Appendix 3 (Capability-Based Two-Way Contract for Difference). The Tenderer submitting the tender with the lowest offered bid price was awarded the right and obligation to establish an offshore wind farm in the concession area, as set out in Appendix 2 (Location of the Concession Area).
According to the Danish Complaints Board for Public Procurement Act (statutory order no. 448 from 8. May 2025), the following deadlines apply for submission of complaint regarding the procurement procedure: Complaints regarding the procurement procedure must be submitted to the Danish Complaints Board for Public Procurement within: 1) 45 calendar days after the contracting authority has published a notice in the Official Journal of the European Union stating that the contracting authority has entered into a contract. The deadline is calculated from the day after the day on which the notice has been published. 2) 30 calendar days counted from the day after the day on which the contracting authority has notified the affected tenderers that a contract based on a framework agreement with re-opening of the competition or a dynamic purchasing system has been entered into, if the notification has given a reason for the decision. 3) six months after the contracting authority has entered into a framework agreement calculated from the day after the day on which the contracting authority has notified the affected applicants and tenderers, see section 2 (2) of the Danish Complaints Board for Public Procurement Act, and article 40 of directive 2014/23/EU on the award of concession contracts. At the latest at the same time as a complaint is submitted to the Danish Complaints Board for Public Procurement, the complainant must notify the contracting authority in writing that a complaint is being submitted to the Danish Complaints Board for Public Procurement, and whether the complaint has been submitted during the standstill period, cf. section 6 (4) of the Danish Complaints Board for Public Procurement Act. In cases where the complaint has not been submitted during the standstill period, the complainant must also indicate whether a suspensive effect of the complaint is requested, cf. section 12 (1) of the Danish Complaints Board for Public Procurement Act. The email address of the Danish Complaints Board for Public Procurement: [email eliminat] The Danish Complaints Board for Public Procurement’s guidance on submitting complaints can be found at: https://naevneneshus.dk/naevnsoversigt/klagenaevnet-for-udbud/vejledning/
Danish Energy Agency
Danish Competition and Consumer Authority
Danish Complaints Board for Public Procurement
Hesselø Offshore Wind Farm
The directive 2014/24/EU on public procurement as implemented into Danish law by the Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments (in Danish: Udbudsloven).
Vattenfall Vindkraft Hesselø P/S
The location site of the Offshore Wind Farm is further specified in the procurement material, Appendix 2 (Location of the Concession Area).
Mercell Holding ASA
Bid price.
The Danish Energy Agency receives EU funding from the REPowerEU, cf. Addendum to Denmarks Recovery and Resilience Plan - REPowerEU Chapter (https://fm.dk/media/27148/addendum-to-denmarks-recovery-and-resilience-plan-repowereu-chapter.pdf), for the preparations and conduction of the procurement process.
The Concession Agreement shall take effect on signing of the Concession Agreement and shall continue for the duration of the electricity production permit, cf. section 29 of RE Act, and until the Concessionaire has fulfilled its obligations under the Concession Agreement, including the obligations after end of operation to dismantle and decommission the Offshore Wind Farm, pursuant to relevant approvals, licenses and permits in accordance with applicable Laws. The capability-based two-way CfD scheme will apply to electricity produced from the minimum capacity for a period of 20 years as further described in Appendix 3 (Capability-Based Two-Way Contract for Difference) and Annex F (Concession Agreement), Clause 11. The duration of the capability-based two-way CfD scheme will not be extended. The electricity production permit is granted for 30 years and can be extended upon application, cf. RE Act, section 29 (2). Before the expiry of the permit, the Concessionaire shall be entitled to request the DEA for an extension of the duration of the Concession Agreement on unchanged terms and conditions, with the exception of the capability-based two-way CfD scheme. The DEA will consent to such extension of the Concession Agreement provided a) the Concessionaire is granted permission to extension of the electricity production permit pursuant to the RE Act section 29 after application for a period not exceeding 10 years; and b) the requested extension of the Concession Agreement is considered by the DEA to be permissible under applicable legislation at the time, including but not limited to the relevant applicable procurement rules, rules on state aid and any sanctions and embargoes.
DNK
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price
42707279
31160000
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Carsten Niebuhrs Gade 43
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København
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[email eliminat]
Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments
0277
REPowerEU
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541.99
cga
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6574c4b3-7817-4315-aaf3-ca5f1a9bc251
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2026-11-06+01:00
DK011
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ORG-0003
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ORG-0001
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https://eu.eu-supply.com/ctm/company/companyinformation/index/414838
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ENG
eSender
http://mercell.com/
45000000
https://www.vattenfall.com
LOT-0000
Rasmus Helveg Petersen
45244000
TPA-0001
http://www.kfst.dk
216/2026
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Carl Jacobsens Vej 35
Jakob Barnes Dahl
[telefon eliminat]
[email eliminat]
45244100
2026-11-04+00:00
Valby
100
[telefon eliminat]
tenders
not-known
e95be1ce-2c1c-4d98-87e7-85e0b7b0354f-01
2026-11-04Z
31121340
Loturi TED
1
2025-16624
Hesselø Offshore Wind Farm
21.900.000.000,00 DKK
The Danish Parliament has in recent years agreed to a large expansion in offshore wind farms in Denmark. The aim is to ensure the green transition and strengthen the future security of supply of energy in Denmark. The political agreements that this procurement concerns are: - Climate Agreement from 29 June 2018, - Climate Agreement from 22 June 2020, - the Financial Act from 4 December 2022, - Climate Agreement regarding green electricity and heat from 25 June 2022, - Additional Agreement on the procurement details regarding 6 GW offshore wind and Energy Island Bornholm from 30 May 2023, and - Agreement on procurement frameworks for three offshore wind farms from 19 May 2025 as adjusted on 7 November 2025. This procurement concerns the establishment of one (1) new large-scale offshore wind farm named Hesselø, pursuant to Directive 2014/24/EU on public procurement as implemented into Danish law by the Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments (in Danish: Udbudsloven). The procurement procedure applicable to this procurement constitutes an open procedure, cf. section 56 of the Danish Public Procurement Act. Hesselø will in the following be called "the Offshore Wind Farm". The Concessionaire is granted a right and obligation to utilise the concession area for the establishment and operation of an offshore wind farm with a minimum capacity of 800 MW for the purpose of producing and distributing electricity at the sole risk and expense of the Concessionaire. Notwithstanding the foregoing, the Concessionaire of the Offshore Wind Farm will be economically supported for the electricity produced from the minimum capacity by a capability-based two-way contract for difference ("CfD") scheme for a period of 20 years. Under the capability-based two-way CfD scheme, the Concessionaire must make payments to the Danish State in months where the strike price (equal to the bid price of the Successful Tenderer) is lower than the reference price (calculated by the Danish Energy Agency ("DEA") as the weighted monthly average of the day-ahead prices, weighted by the maximum power production capability of the turbines or "Available Active Power"). There is no cap on the payments from the Concessionaire to the Danish State, and the Concessionaire has no option to opt out of the capability-based two-way CfD scheme. Correspondingly, in months where the strike price is higher than the reference price, the Concessionaire will receive subsidies up to a cap of DKK 21.9 billion excl. VAT (2025 prices) in the form of payments from the Danish State. The scheme constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union (TFEU). The minimum capacity of the Offshore Wind Farm shall be established no later than 31 December 2032. The Concessionaire will in special cases be entitled to an extension of this deadline. Connection of the Offshore Wind Farm to the Danish transmission grid is voluntary for the Concessionaire. The Concessionaire may establish overplanting capacity in excess of the required minimum capacity within the Concession Area, i.e. it is optional for the Concessionaire to establish more than 800 MW capacity within the Concession Area. Furthermore, the Concessionaire may exploit the production capacity of electricity from the Offshore Wind Farm for energy production, such as but not limited to innovative energy production (e.g. Power-to-X), if this is otherwise possible within the applicable legislation. With the sole exception of the capability-based two-way CfD scheme, the Concessionaire bears all commercial risks associated with the establishment, operation and decommissioning of the Offshore Wind Farm, including any potential overplanting capacity. Such commercial risks include, but are not limited to, legislative changes and general market conditions and demands. Additionally, the Concessionaire is responsible for the commercial risks related to any innovative energy production (e.g. Power-to-X facility). The Concessionaire shall bear the costs as stipulated in the construction permit. Please note that contrary to earlier procurements rounds concerning offshore wind the Concessionaire shall not bear the actual cost of the temporary and permanent preventive measures, which by decision of the Danish Defence must be implemented by the Concessionaire to prevent deteriorations in the quality of the current military radio communication and radar surveillance caused by the Offshore Wind Farm. Such costs will be borne by the Danish Defence. Furthermore, contrary to earlier procurements rounds for offshore wind, the Concessionaire shall not pay the cost of the offshore preliminary investigations performed by Energinet, cf. section 23 (3) of the Renewable Energy Act (RE Act), statutory order no. 132 of 6 February 2024. Such costs will be borne by the Danish State. The location site of the Offshore Wind Farm is further stated below under section "Place of Performance".
45000000 — Lucrari de constructii
Durată: 40 YEAR
Rezultate și atribuiri TED
LOT-0000541,99 DKK
Câștigător: Vattenfall Vindkraft Hesselø P/S · CUI 42707279
The Danish Parliament has in recent years agreed to a large expansion in offshore wind farms in Denmark. The aim is to ensure the green transition and strengthen the future security of supply of energy in Denmark. The political agreements that this procurement concerns are: - Climate Agreement from 29 June 2018, - Climate Agreement from 22 June 2020, - the Financial Act from 4 December 2022, - Climate Agreement regarding green electricity and heat from 25 June 2022, - Additional Agreement on the procurement details regarding 6 GW offshore wind and Energy Island Bornholm from 30 May 2023, and - Agreement on procurement frameworks for three offshore wind farms from 19 May 2025 as adjusted on 7 November 2025. This procurement concerns the establishment of one (1) new large-scale offshore wind farm named Hesselø, pursuant to Directive 2014/24/EU on public procurement as implemented into Danish law by the Danish Public Procurement Act, cf. consolidated act no. 116 of 3 February 2025 with later amendments (in Danish: Udbudsloven). The procurement procedure applicable to this procurement constitutes an open procedure, cf. section 56 of the Danish Public Procurement Act. Hesselø will in the following be called "the Offshore Wind Farm". The Concessionaire is granted a right and obligation to utilise the concession area for the establishment and operation of an offshore wind farm with a minimum capacity of 800 MW for the purpose of producing and distributing electricity at the sole risk and expense of the Concessionaire. Notwithstanding the foregoing, the Concessionaire of the Offshore Wind Farm will be economically supported for the electricity produced from the minimum capacity by a capability-based two-way contract for difference ("CfD") scheme for a period of 20 years. Under the capability-based two-way CfD scheme, the Concessionaire must make payments to the Danish State in months where the strike price (equal to the bid price of the Successful Tenderer) is lower than the reference price (calculated by the Danish Energy Agency ("DEA") as the weighted monthly average of the day-ahead prices, weighted by the maximum power production capability of the turbines or "Available Active Power"). There is no cap on the payments from the Concessionaire to the Danish State, and the Concessionaire has no option to opt out of the capability-based two-way CfD scheme. Correspondingly, in months where the strike price is higher than the reference price, the Concessionaire will receive subsidies up to a cap of DKK 21.9 billion excl. VAT (2025 prices) in the form of payments from the Danish State. The scheme constitutes State aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union (TFEU). The minimum capacity of the Offshore Wind Farm shall be established no later than 31 December 2032. The Concessionaire will in special cases be entitled to an extension of this deadline. Connection of the Offshore Wind Farm to the Danish transmission grid is voluntary for the Concessionaire. The Concessionaire may establish overplanting capacity in excess of the required minimum capacity within the Concession Area, i.e. it is optional for the Concessionaire to establish more than 800 MW capacity within the Concession Area. Furthermore, the Concessionaire may exploit the production capacity of electricity from the Offshore Wind Farm for energy production, such as but not limited to innovative energy production (e.g. Power-to-X), if this is otherwise possible within the applicable legislation. With the sole exception of the capability-based two-way CfD scheme, the Concessionaire bears all commercial risks associated with the establishment, operation and decommissioning of the Offshore Wind Farm, including any potential overplanting capacity. Such commercial risks include, but are not limited to, legislative changes and general market conditions and demands. Additionally, the Concessionaire is responsible for the commercial risks related to any innovative energy production (e.g. Power-to-X facility). The Concessionaire shall bear the costs as stipulated in the construction permit. Please note that contrary to earlier procurements rounds concerning offshore wind the Concessionaire shall not bear the actual cost of the temporary and permanent preventive measures, which by decision of the Danish Defence must be implemented by the Concessionaire to prevent deteriorations in the quality of the current military radio communication and radar surveillance caused by the Offshore Wind Farm. Such costs will be borne by the Danish Defence. Furthermore, contrary to earlier procurements rounds for offshore wind, the Concessionaire shall not pay the cost of the offshore preliminary investigations performed by Energinet, cf. section 23 (3) of the Renewable Energy Act (RE Act), statutory order no. 132 of 6 February 2024. Such costs will be borne by the Danish State. The location site of the Offshore Wind Farm is further stated below under section "Place of Performance".
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The Concession Agreement shall take effect on signing of the Concession Agreement and shall continue for the duration of the electricity production permit, cf. section 29 of RE Act, and until the Concessionaire has fulfilled its obligations under the Concession Agreement, including the obligations after end of operation to dismantle and decommission the Offshore Wind Farm, pursuant to relevant approvals, licenses and permits in accordance with applicable Laws. The capability-based two-way CfD scheme will apply to electricity produced from the minimum capacity for a period of 20 years as further described in Appendix 3 (Capability-Based Two-Way Contract for Difference) and Annex F (Concession Agreement), Clause 11. The duration of the capability-based two-way CfD scheme will not be extended. The electricity production permit is granted for 30 years and can be extended upon application, cf. RE Act, section 29 (2). Before the expiry of the permit, the Concessionaire shall be entitled to request the DEA for an extension of the duration of the Concession Agreement on unchanged terms and conditions, with the exception of the capability-based two-way CfD scheme. The DEA will consent to such extension of the Concession Agreement provided a) the Concessionaire is granted permission to extension of the electricity production permit pursuant to the RE Act section 29 after application for a period not exceeding 10 years; and b) the requested extension of the Concession Agreement is considered by the DEA to be permissible under applicable legislation at the time, including but not limited to the relevant applicable procurement rules, rules on state aid and any sanctions and embargoes.