Official name: Femern Bælt A/S
National registration number: 28986564
Postal address: Vester Søgade 10
Town: København V
NUTS code: DK011 Byen København
Postal code: 1601
Country: Denmark
Contact person: Femern — Anne Bøgh Johansen
E-mail: ajo@femern.dk
Telephone: +45 33414449
Internet address(es):
Main address: https://femern.com/en

The procurement documents are available for unrestricted and full direct access, free of charge, at: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=281786&B=KA

Additional information can be obtained from the abovementioned address

Tenders or requests to participate must be submitted electronically via: http://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=281786&B=KA

Tenders or requests to participate must be submitted to the abovementioned address

Body governed by public law

Other activity: Femern A/S manages the construction and operation of the future fixed link across Fehmarn Belt

Additional Assistance Tug (AAT) Service Contract

Reference number: AAT Service Contract

60651000 Hire of vessels with crew

Services

In connection with the offshore construction activities of the Femern Belt Fixed Link project a Vessel Traffic Service, VTS Fehmarnbelt, will be established as a part of the risk control measures with the purpose of maintaining safety and efficiency for the non-construction ship traffic during the construction phase. As a part of the VTS Fehmarnbelt Additional Assistance Tug (AAT) service will be provided by Femern, as a tool for VTS Fehmarnbelt. This contract relates to the AAT service.

Value excluding VAT: 16 500 000.00 EUR

This contract is divided into lots: no

34513200 Tug boats

60651100 Hire of sea-going vessels with crew

63726600 Ship-operating services

76522000 Offshore supply-vessel services

NUTS code: DK022 Vest- og Sydsjælland

Main site or place of performance:

Rødbyhavn.

In connection with the offshore construction activities of the Femern Belt Fixed Link project a Vessel Traffic Service, VTS Fehmarnbelt, will be established as a part of the risk control measures with the purpose of maintaining safety and efficiency for the non-construction ship traffic during the construction phase. As a part of the VTS Fehmarnbelt Additional Assistance Tug (AAT) service will be provided by Femern, as a tool for VTS Fehmarnbelt. This contract relates to the AAT service.

Price is not the only award criterion and all criteria are stated only in the procurement documents

Value excluding VAT: 16 500 000.00 EUR

Duration in months: 93

This contract is subject to renewal: no

Envisaged number of candidates: 3

Objective criteria for choosing the limited number of candidates:

If more than three (3) candidates fulfil the fixed minimum requirements and are not subject to grounds for exclusion Femern A/S will make its selection based on an overall assessment of the best technical capacities, cf. 4.2.2.B of the tender conditions, based on an assessment of the list of references. In this respect Femern A/S will identify the best and most relevant references, cf. section 4.2.2.B of the tender conditions on basis of the services described in section II.1.4) in the contract notice and in the tender requirement specifications (Appendix 1).

It will be regarded positively in the assessment the more the candidate can demonstrate experience within the business of towing and/or salvage operations in open waters. It will also be regarded positively in the assessment if the candidate can demonstrate experience with similar service contracts where the candidate has gained experience with managing more tugs to secure constant availability.

Variants will be accepted: no

Options: yes

Description of options:

Femern A/S has the option to call for the period 2 Service as further described in the contract clause 5.2 and sections 3.1 and 3.3.2 of the Tender Requirement Specifications (Appendix 1).

Further to the optional period 2, Femern A/S has the option to extend the contract according to a number of options which in total sum up to an extension of the contract corresponding to 41 months. Please refer to Clause 5.3 of the contract.

The procurement is related to a project and/or programme financed by European Union funds: yes

Identification of the project:

The construction of the fixed link across the Fehmarn Belt receives EU funding from the CEF programme under project code 2014-EU-TM-0221-W.

The contract is tendered as one single agreement in order to achieve economics of scale, reduced costs for administration of the contract and a better understanding of the scope of services. Dividing the contract into lots is not considered to lead to a higher level of competition.

List and brief description of selection criteria:

The candidate must complete and submit the European Single Procurement Document (‘ESPD’) as preliminary documentation for the purpose of assessing whether the below minimum requirement for economic and financial suitability are fulfilled, cf. section 148 (1)(1-2) of the Danish Procurement Act. Information about the candidate’s solvency ratio (equity to total assets ratio) for the last 2 financial years must be filled in under Part IV, B) of the ESPD.

The solvency ratio (equity to total assets ratio) is calculated as the candidate’s total equity divided by the candidate’s total assets, calculated as a percentage. For groups of operators (e.g. a consortium), the solvency ratio (equity to total assets ratio) is calculated as the total equity of the operators divided by their total assets, calculated as a percentage. The information is to be stated in Section IV.B) of the ESPD.

Minimum level(s) of standards possibly required:

As a minimum requirement the candidate must document that the candidate for each of the last 2 financial years have had a solvency ratio (equity to total assets ratio) of at least 15 percent.

List and brief description of selection criteria:

The candidate must complete and submit the ESPD as documentation for its technical and professional ability.

The ESPD must be completed with a list of main deliveries of services (list of references) within the business of towing in open waters carried out within the last 3 years stating amount and time and the public or private recipient, including contact information. The list of deliveries of services must be inserted under Part IV, C) of the ESPD and is the final documentation. No further evidence or documentation regarding technical and professional ability in terms of the list of main deliveries of services will be requested before Femern A/S awards the Contract, however Femern A/S reserves the right to contact the customer indicated on each delivery in order to verify the reference.

The list of references should include the following information:

• short general and relevant description of the service provided;

• the client as well as the contact person at the client, including the telephone number of this contact person;

• the location and start date of the service or contract and duration of the service or contract;

• number of tug vessels involved in the service delivered by the candidate;

• a short description of the tug vessel(s), including type, size, bollard pull, classification society and flag;

• a short description of the vessels under tow/salvage – if relevant;

• an indication of the type of Chartering Method/a short description of the type of service or contract, e.g. service contract, BIMCO contract, etc.;

• a clear indication of which specific parts of the service/contract that are similar and/or relevant to the services described in section II.1.4) of the contract notice and in the tender requirement Specifications (Appendix 1).

No more than 5 references for deliveries should be listed in the ESPD. If the request contains more than 5 references only the first 5 references will be taken into account. References included in the candidate’s/tenderer’s own ESPD will in this respect be considered the first 5 references. In the event that the candidate/tenderer is a group of economic operators or a temporary association (consortia, joint venture or the like) the references from the leading operator will be considered the first 5 references. In the event that this provision do not determine the first 5 references Femern A/S will draw lots to elect the first 5 references (candidates will not be allowed to supervise the draw).

Minimum level(s) of standards possibly required:

As a minimum requirement the candidate must document at least one reference which demonstrates experience with towing in open waters.

The contract period is divided into 3 periods. Reference is made to the tender requirement specification for an illustration and a more detailed description of the length of each period and the requirements to the AAT service which differs in some ways from one period to another. On 1 May 2021 or at the time of signing the contract whatever is the latest, Femern A/S will notify the service provider whether the contract shall commence either 1 July 2021, 1 July 2022 or 1 July 2023. Period 2 (which is optional) and period 3 shall be called in accordance with contract clauses 1.1.12, 2.1.2, 5.1 and 5.2. The total length of the contract shall without prejudice to Femerns right to terminate the contract, extent the contract or suspend the service not be shorter than 34 months or longer than 93 months.

Please note, that the contract contains requirements in relation to labour conditions, CSR and an apprentice clause (please refer to Appendix 4 of the contract).

Competitive procedure with negotiation

The contracting authority reserves the right to award the contract on the basis of the initial tenders without conducting negotiations

The procurement is covered by the Government Procurement Agreement: yes

Date: 26/11/2020

Local time: 12:00

Date: 14/12/2020

English

Duration in months: 6 (from the date stated for receipt of tender)

This is a recurrent procurement: no

1) Re the ESPD: the applicant must complete and submit the electronic ESPD which serves as preliminary evidence of fulfilment of the conditions for participation in the tender procedure, including that the applicant is not subject to the grounds for exclusion. Femern A/S will exclude a candidate from participation in a procurement procedure, if the candidate or tenderer is covered by Sections 135 and 136 of the Danish Procurement Act (mandatory exclusion grounds). Please note that some of the voluntary exclusion grounds in the Public Procurement Directive has been made mandatory in Section 136 of the Danish Procurement Act. Furthermore, Femern A/S will exclude a candidate if the candidate is covered by an exclusion ground covered by Section 137(1)(2) of the Danish Procurement Act (i.e. if the candidate has been declared bankrupt or is undergoing insolvency or winding-up proceedings etc.).

Femern A/S reserves the right, at any time during the tendering procedure, to request an applicant to provide documentary proof, cf. Section 151 of the Danish Procurement Act, if required to ensure the proper execution of the procedure. In this situation, Femern A/S will set an appropriate deadline for the submission of documentation. Femern A/S intends to ask the applicants to provide documentation in connection with the decision on pre-qualification. Before awarding the contract, the tenderer to whom Femern A/S intends to award the contract must provide documentation concerning the information in the ESPD, cf. Section 153 of the Danish Public Procurement Act. Femern A/S has prepared the electronic ESPD for the economic operator to fill out. The electronic ESPD is available at the link set out in Section I.3). For further information on the requirements to the request for pre-qualification and the tender procedure please refer to the tender conditions available at the link set out in Section I.3).

2) Reference is made to the tender conditions clause 5.10 regarding changes to the composition of the tenderer.

Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600
Internet address: https://klfu.naevneneshus.dk/

Precise information on deadline(s) for review procedures:

Pursuant to the Danish Consolidation Act No 593 of 2 June 2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

Complaints regarding a candidate not being pre-qualified must be filed with The Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on The Complaints Board for Public Procurement, provided that the notification includes an account of the reasons for the decision.

Other complaints must in accordance with § 7(2) of the Act on The Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within

1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union. The time limit is calculated from the day after the publication date.

2) 30 calendar days starting the day after the contracting authority has notified the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes an account of the reasons for the decision.

3) 6 months after the contracting authority has entered into the framework agreement, calculated starting the day after the contracting authority has sent notification to the candidates and tenderers involved, cf. § 2(2) or §171(4) of the Public Procurement Act, provided that the notification included an account of the reasons for the decision.

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.

The complainant must inform the contracting authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on The Complaints Board for Public Procurement.

If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1).

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

26/10/2020