Troms Kraft Produksjon AS (Troms Power Generation AS.)

Troms Kraft Produksjon AS (Troms Power Generation AS.) Fakken Wind Farm Invitation to register: Tender with negotiation regarding delivery of wind-turbines

Table of contents 1 INVITATION TO PRE-QUALIFYING PROCESS FOR TURBINE DELIVERY TO FAKKEN WIND-FARM... 3 1.1 ABOUT THE CONTRACTING AUTHORITY... 3 2 PROCEDURE TENDER WITH NEGOTIATION... 4 2.1 ENQUIRIES ABOUT PARTICIPATION... 5 2.1.1 Qualification requirements... 5 2.2 BIDS... 6 2.2.1 Opening of bids... 6 2.2.2 Right to use the bids in application for grants... 6 2.3 NEGOTIATIONS... 6 2.4 CONTRACT... 6 3 ORGANISATION / CONTACT INFORMATION... 7 3.1 RESPONSIBLE CONTRACTING AUTHORITY... 7 3.2 QUESTIONS REGARDING THE TENDERING PROCESS... 7 4 ABOUT THE FAKKEN WIND FARM... 8 4.1 LOCATION... 8 4.2 WIND REGIME... 8 4.3 PLANNING STATUS... 9 4.4 INFRASTRUCTURE... 10 4.4.1 Docking facilities... 10 4.4.2 Road from the docking facility to the wind farm... 10 4.4.3 Access roads... 10 4.4.4 Erection sites... 10 Disclaimer: This is a translation of a document originally written in Norwegian. While every attempt has been made to accurately translate the Norwegian document to English, if there is any doubt or inconsistency, the Norwegian document has precedence. 4.6.2008 P:\241\505370 Fakken vindpark Turbintilbud og tilskuddssøknad\08 Rapporter\Endelig kunngjøring med vedlegg\invitasjon til prekvalifisering turbiner Fakken_ENG.doc

1 INVITATION TO PRE-QUALIFYING PROCESS FOR TURBINE DELIVERY TO FAKKEN WIND-FARM Troms Kraft Produksjon AS. plans to develop the Fakken wind farm in Karlsøy Municipality (Troms county), and now invites all interested manufacturers of wind-turbines to notify us of their interest and to document their qualifications. This invitation represents the start of the process for the purchase of wind-turbines for the Fakken wind farm. The process will be carried out as a tender with negotiation (competitive dialogue tender procedure). The delivery shall include turbines of minimum 2 MW installed power output. The number of turbines is set in consultation with the selected manufacturer but the upper limit is set by the licence at 20. The wind-turbines shall be handed over ready-assembled and in operational condition. An operational and maintenance service agreement (OMS) shall also be offered for a minimum of two years. 1.1 ABOUT THE CONTRACTING AUTHORITY Troms Kraft Produksjon is one of the seven subsidiaries of Troms Kraft AS, that is owned by Troms County Municipality (60 percent) and Tromsø Municipality (40 percent). The other subsidiary companies are Troms Kraft Marked (Market) AS., Troms Kraft Nett (Network) AS., Troms Kraft Entreprenør (Developers) AS., Troms Kraft Varme (Heating) AS., Troms Kraft Invest AS., Troms Kraft Fiber (Fibre) AS. In total, there are 460 employees in the enterprise, divided between the Head Office in Tromsø and five regional and departmental offices around Troms County. The total sales in 2006 were 2.65 billion kroner. All the subsidiary companies are wholly owned by the parent company, Troms Kraft AS., which has the overall management and coordination responsibility for the entire enterprise. The operative functions are controlled by the subsidiaries, while the parent company carries out the shared functions within the area of human resources, finance, filing / secretariat, information technology, and logistics. Troms Kraft Produksjon AS. owns and operates 12 hydro-electric power stations. In addition, the company operates four partially owned hydro-electric power stations belonging to Kvænangen Kraftverk AS. The collective production in the wholly- and partially owned power stations amounted to 1,115 GWh in 2006 and 1, 238 GWh in 2005. In the past 10 years, Troms Kraft Produksjon AS. has been actively engaged in the wind power development in it s part of the country, through the planning of a wind farm near Fakken on Vannøya in Karlsøy Municipality, as well as participation in the planning and investigation phase of the wind power project at Kvitfjell, outside Tromsø. In addition, Troms Kraft Produksjon AS. has participated in the establishment of the wind power company, Nord Norsk Vindkraft AS., which, among its other activities, is involved in the establishment of additional wind farms on the coast of Helgeland in Nordland. The Fakken project has received a license and construction is expected to start during 2009, with the erection of the turbines in 2010.

2 PROCEDURE TENDER WITH NEGOTIATION The contract for delivery, erection, and operation of the wind-turbines for the Fakken wind farm takes into consideration Appendix XVI, Item 4 of the EØS (EEA) Agreement on the harmonization of purchasing rules for contracting authorities within the fields of water- and electricity supply, transport, and telecommunication. In Norway, this part of the EEA Agreement is implemented for the most part through the FOR-2006-04-07-403 Directives regarding rules for purchase in the supply sector (water and electricity supply, transport, and postal services) (the Supply Directive). The value of this contract will exceed the EEA Agreement s threshold value and therefore is covered under Part II of the Supply Directive - Procurements over the EEA threshold values. Tender with negotiation was chosen as the procurement procedure (cf. 5.1 of the Directive). The process is illustrated on the flow diagram below: Announcement in Doffin and TED Bidders submit enquiries regarding participation, along with the necessary documentation for qualifying, before June 23, 2008 The contracting authority makes the competition basis documents available to qualified applicants and invites them to bid Bids are handed in before August 22, 2008 Bids are evaluated The bidders with interesting bids are invited in for discussions The contract is signed The contracting authority applies for investment grants from ENOVA The contracting authority comes to an investment decision

2.1 ENQUIRIES ABOUT PARTICIPATION Enquiries regarding participation / pre-qualification must be received, complete, signed, and dated by 18:00h on June 23, 2008, at the latest. The enquiry shall be delivered, with the necessary documentation of qualifications attached (cf. Section 2.1.1). Submission by post or e-mail will be accepted. 2.1.1 Qualification requirements Bidders who wish to participate in the competition must satisfy the following requirements: 1. Payment of governmental taxes Norwegian suppliers shall provide a certificate for value added tax paid from the relevant Tax Officer and a certificate for income taxes issued by the Director of the Tax Collection Office (form RF-1244) from the region where the prospective supplier s head office is located. The tax certificates shall be submitted before the expiry of the bidding deadline. Tax certificates must not be older than 6 months, calculated from the expiration date of the bidding deadline. Bidders are not to have any arrears noted on the certificates. Documentation to show the requirements have been satisfied is: Tax certificate - included as Appendix 1 Value added tax certificate - included as Appendix 2 Foreign suppliers must provide certificates from authorities corresponding to those in Norway. 2. Legally established company It is required that the supplier be a legally established company. Documentation to show the requirements have been satisfied is: Certificate of registration - included as Appendix 3 Foreign suppliers must provide certificates from authorities corresponding to those in Norway. 3. Financial ability to complete the project It is required that the supplier be robust and is able to demonstrate the financial ability necessary to complete the agreement. Documentation to show the requirements have been satisfied is: Presentation of the year-end financial statement of the company (for the most recent year including auditor s statement), or a summary of the same. -included as Appendix 4 4. Technical specifications for the wind-turbines The supplier shall be able to deliver turbines with an installed power output of at least 2.0 MW. Documentation to show the requirements have been satisfied: -included as Appendix 5

2.2 BIDS During week 26, qualified bidders will be invited to submit a bid and will then have full access to the competition basis documents. Please note that parts of the competition basis documents may also be made public prior to this time. In such a case, this information will be made available via Doffin / TED. An inspection tour of the project site will be arranged for all qualified bidders who wish to participate in the tender procedure. The time of the site inspection tour will be July 2-3, 2008. The bid deadline is set for August 22, 2008. 2.2.1 Opening of bids The opening of bids will take place on August 25, 2008 (if not agreed to otherwise), and will not be made public. Troms Kraft Produksjon AS. will not make public any information on the bidders identity or the contents of the bids. 2.2.2 Right to use the bids in application for grants Troms Kraft Produksjon AS. will apply to the Norwegian crown corporation, ENOVA for investment grants. The deadline for the ENOVA application is September 15, 2008. Troms Kraft Produksjon reserves the right to make use of the bids received as a basis for the application for investment grants, prior to the commencement of contract negotiations. It is assumed, nevertheless, that all sensitive information will be treated confidentially by Troms Kraft Produksjon AS. and ENOVA. It is expected that ENOVA would announce its position regarding the application prior to the end of 2008. 2.3 NEGOTIATIONS Troms Kraft Produksjon aims at completing negotiations on the turbine contract during the first part of 2009, provided that the application for grants is approved by ENOVA. The negotiations will be carried out in such a way that the final investment decision can be made during early summer of 2009. If ENOVA does not approve an investment grant in 2008, Troms Kraft Produksjon would like to delay the negotiations until grants are possibly accepted in 2009, i.e. for up to one year. 2.4 CONTRACT Troms Kraft Produksjon AS. is aiming at making a final investment decision prior to the summer of 2009, and if results are positive, will then sign the turbine contract.

3 ORGANISATION / CONTACT INFORMATION 3.1 RESPONSIBLE CONTRACTING AUTHORITY Troms Kraft Produksjon AS. will itself be the contracting authority. The contact persons thus will be Ronald Hardersen and Eivind Steinholt. Address: E-mail: Troms Kraft Produksjon AS Street address: Evjenveien 34 9291 Tromsø Norway Ronald.Hardersen@tromskraft.no Eivind.Steinholt@tromskraft.no Telephone: +47 77 60 11 00 Inquiries regarding information concerning the bid on turbines shall in the meantime be directed to SWECO Norge AS (cf. 3.2) 3.2 QUESTIONS REGARDING THE TENDERING PROCESS Questions regarding pre-qualification and bidding should be directed to SWECO Norge AS., for the attention of Yngve Johansen and Harald Storås. All questions should be submitted in writing by letter or e-mail. Questions sent by post should be addressed to: SWECO Norge AS For the attention of Harald Storås and Yngve Johansen Postboks 931 9259 Tromsø Norway Questions sent by e-mail should be addressed to: yngve.johansen@sweco.no with a copy to harald.storas@sweco.no In the event of contact problems, the following telephone numbers may be used: Yngve Johansen: +47 77 60 09 03 Harald Storås: +47 77 60 09 16 Any information provided to an individual bidder will be distributed in writing to the others participating in the tender procedure.

4 ABOUT THE FAKKEN WIND FARM 4.1 LOCATION The Fakken wind farm is planned for construction at Vannøya in Karlsøy Municipality, approximately 30 km northeast of the city of Tromsø. The area extends over 3 kilometres along a ridge heading toward the eastern point of the island and lies between 10 and 215 m above sea level. 4.2 WIND REGIME Wind measurements have been made continuously in the area since 2002. Fakken is an area that possesses good wind resources. The dominant wind direction in the area is parallel to the long fjords in such a way that the wind regime east of Vannøya is characterised by winds from the south and southeast that come out of Ulsfjorden and Lyngen. The southeast parts of Vannøya have good exposure toward these wind directions and the mountain formations toward Fakken have a profile that will tend to accelerate southerly and northerly winds.

4.3 PLANNING STATUS Karlsøy Municipality has zoned the area for wind power uses as shown in the following planning map: The total area of the planned sector is 2.8 km 2. The enterprise was awarded a licence from Norges vassdrags- og energidirektorat (NVE) (The Norwegian Water Resources and Energy Directorate) on December 19, 2006. The award has been appealed, however, and is therefore not yet legally valid. It is expected, however, that the license will be confirmed in mid-june 2008.

4.4 INFRASTRUCTURE 4.4.1 Docking facilities Troms Kraft Produksjon AS. has entered into a contract with Karlsøy Municipality regarding the use of the municipal docking facility and industrial area in Vannavalen. The turbine units can be landed there and, if necessary, temporarily stored prior to transport to Fakken. Access from the docking facility to the county road will, if necessary, be upgraded to suit the requirements of the turbine supplier. 4.4.2 Road from the docking facility to the wind farm Transport to Fakken will be carried out along County Road 305. The transport distance from the dock to the planned area is approximately 7 kilometres. 4.4.3 Access roads The layout of the internal roadways will be dimensioned in proportion to the turbine units that are to be transported. The road surface will be gravel. 4.4.4 Erection sites Erection sites at each of the individual turbine locations will be created in cooperation with the turbine supplier.