Novation contract awarded under Directive 2014/25/EU

Ørsted Wind Power A/S intends to give its approval to the novation (transfer) of the agreement from OPUS Marine GmbH to its parent company OEG Marine Ltd. The novation is requested due to an internal restructuring of the supplier group, where we have been informed that OPUS Marine GmbH will cease trading. Further, Ørsted have been informed that all contracts and commitments with other stakeholders have been or will be transferred to OEG Marine Ltd. Based on this information, Ørsted Wind Power A/S assesses that the transfer is part of an internal restructuring of the supplier, which does not constitute a significant change of the contract as described in article 89 (1), litra d, and that Ørsted Wind Power A/S therefore can approve the novation in accordance with the public procurement rules including the principles of transparency and equal treatment as also envisaged in preamble 116 of the utilities directive. Further, the amendment is not assessed to be a fundamental change of the contract. Accordingly, Ørsted Wind Power A/S does not consider the new agreement as an agreement that has been awarded directly without conducting an EU tender procedure, but that it is a permissible amendment as described in article 89 (1), litra d.