Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 116
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Germany
of commencement of offshore installation;
(d) at the latest by the binding completion
date for the GCS: submission of proof of
achieving actual readiness for operation
for at least one OWTG, including the
corresponding inter array cabling; and
(e) within six months after the binding
completion date for the GCS: submission
of proof of achieving actual readiness for
operation for all OWTGs.
The failure of the bidder to comply with such
deadlines is sanctioned with penalty payments and, as ultima ratio, the withdrawal of
the bid award. The amount of the penalties
for failures to comply with the above mentioned realisation times is as follows:
for (a) above: 100% of the security amount;
for (b) above: 100% of the security amount;
for (c) above: 70% of the security amount;
for (d) above: one twelfth of the remaining
security amount for each month in which
technical readiness for operation has not
been reached for at least one WTG; and
in relation to (e) above: the amount which
results from the amount of the remaining
security multiplied with the quotient of
the division of the installed capacity of the
WTGs not ready to operate by the awarded
bid volume.
In case the bidder fails to comply with the
realisation times for (a) above, (b) above or
(e) above, the Federal Network Agency is
bound to withdraw the bid award irrespective of the penalties.
Penalties and withdrawal can only be avoided if the delay was not attributable to the
bidder including contractors and sub-contractors for the construction of the OWF,
and if it is predominantly likely that upon
cessation of the impediment the bidder is
willing and commercially and technically
able to realise the project without undue
delay.
