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Main address: https://femern.com/en

Guard Vessel and Inspection Vessel Service Contract

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. As a part of the VTS Fehmarnbelt the offshore work areas shall be guarded by guard vessels at all times. This contract relates to the guard vessel service.

Furthermore, the contract also covers inspection vessel service, e.g. to be used for transportation of Femern's personnel, contractor personnel and visitors visiting and/or supervising the offshore construction activities.

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. As a part of the VTS Fehmarnbelt the offshore work areas shall be guarded by guard vessels at all times. This contract relates to the guard vessel service. Furthermore, the contract also covers inspection vessel service, e.g. to be used for transportation of Femern's personnel, contractor personnel and visitors visiting and/or supervising the offshore construction activities.

If more than 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 list of references. In this respect Femern A/S will identify the best and most relevant references, cf. Section 4.3.2.B of the Tender Conditions. Femern A/S will base its evaluation of the references on basis of the requirements set out in the Tender Requirement Specifications (Appendix 1).

It will be regarded positively in the assessment of the relevance the more the candidate can demonstrate experience within the business of guard vessel service and/or crew transfer service. It will also be regarded positively in the assessment if the candidate can demonstrate experience with the operation of 2 or more vessels (with crew) on the same contract. Finally it will be regarded positively in the assessment if the vessels used under a reference were certified for commercial use according to rules and regulation by Class, and/or by EEA Flag State at the time of performance of the reference and/or if the hull form of the used vessels are similar to Semi-SWATHs or catamarans.

Femern A/S has the option to extend the operation period for the vessels according to a number of options which in total sum up to an extension of the contract corresponding to 36 months. Please refer to Sections 5.3 and 5.4. of the contract.

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.

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. The solvency ratio (equity to total assets ratio) is thus calculated as (total equity/total assets) x 100 = equity to total assets ratio. If the candidate relies on the capacity of other entities, the solvency ratio (equity to total assets ratio) is calculated as the candidate's and such other entities’ total equity divided by their 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.

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.

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 within the business of guard vessel service and/or crew transfer service 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 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:

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

— the date of contract start and duration of the contract,

— number of vessels involved in the contract by the tenderer,

— a short description of the vessel(s), including type/hull form, size, speed, Classification,

— society and flag.

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).

As a minimum requirement the candidate must document at least one reference which demonstrates experience within the business of guard vessel service and/or crew transfer service.

No later than 1.4.2021 Femern A/S will notify the service provider whether the contract shall commence either 1.6.2021, 1.6.2022 or 1.6.2023. The total length of the contract will also be notified as per 1.4.2021 and shall without prejudice to Femerns right to terminate the contract, extent the contract or suspend the service not be shorter than 55 months or longer than 73 months in respect of the Guard Vessels and not be shorter than 54 months or longer than 72 months in respect of the inspection Vessel.

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).

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.

Internet address: https://klfu.naevneneshus.dk/

Pursuant to the Danish Consolidation Act No 593 of 2.6.2016 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).

Internet address: http://www.kfst.dk