2 Procedure

2.1 Procedure

Titel: Tender for Contract on subsidy for carbon capture, transport and storage

Beskrivelse: THE CCS FUND With the agreement on a strengthened framework for CCS in Denmark (in\n Danish: “Aftale om styrkede rammevilkår for CCS i Danmark”) of 20 September 2023,\n a majority of the Danish Parliament decided to merge the second phase of the CCUS\n fund and the GSR fund into one combined fund, the “CCS Fund”. In June 2024, a political\n decision was made to deploy the CCS Fund through one single competitive bidding process.\n This call for tenders concerns the deployment of the CCS Fund. The purpose of the\n CCS Fund is to achieve CO2 emission reductions and/or negative emissions by Storing\n Fossil CO2 and/or Biogenic CO2 or Atmospheric CO2. The overarching aim of the CCS\n Fund is thus to contribute to the realization of Denmark's climate targets as outlined\n in the Danish Climate Act (in Danish: “Klimaloven”). THE CONTRACT(S) The Danish Energy\n Agency (the DEA) wishes to enter into one or more contract(s) pursuant to which the\n recipient(s) of the subsidies (each recipient “the Operator”) shall ensure and be\n responsible for achieving the CO2 emission reductions and/or negative CO2 emissions\n (“the Contract”). As described in the tender documents, the Operator shall each year\n from 2030 until (and including) 2044 capture and permanently, geologically store a\n fixed quantity of CO2 (“Annual Quantity”). The Operator may also offer to capture\n and Store CO2 from 1 January 2029 at the earliest until (and including) 31 December\n 2029 (“2029-Quantity”). The Operator may base their project on CO2 capture from one\n point source or direct air capture plant, a combination of point sources or direct\n air capture plants or a portfolio of several point sources or direct air capture plants.\n The Operator may be any economic operator or a group of operators willing to assume\n the responsibility for achieving the CO2 emission reductions and/or negative CO2 emissions\n in accordance with the Contract by performing the Contract by itself and/or by engaging\n Sub-Suppliers. The total maximum available subsidy of the CCS Fund is DKK 28,659,200,000.00\n (2025-prices, including VAT and including potential derived tax losses (in Danish:\n “afledt afgiftstab”)) covering the period from (and including) 2029 to (and including)\n 2044. The CCS Fund shall cover potential derived tax losses that stem from the award\n of Contract(s) to tenderers who will avoid national CO2 related taxes by capturing\n and storing their CO2 emissions. As such, the total available annual funds depends\n on the composition of the final contract recipient(s). The total available annual\n funds for the period 2029-2044 can, at most, be DKK 1,791,200,000.00 (2025-prices,\n including VAT). The value stated in section 2.1.3 is the total available funds of\n the CCS Fund and thus including VAT and including potential derived tax losses. The\n Subsidy will be paid per tonne CO2 captured and stored in accordance with the Contract.\n The Offered Rate per tonne CO2 will be adjusted throughout the contract period as\n described in Appendix 5, Subsidy and economy scheme. The DEA will award one or more\n Contract(s) dependent on the available funds based on the received offers. The Contract\n is not divided into predefined lots. The DEA considers that the funds are deployed\n most efficiently with Contract(s) covering the full Value Chain, in order to realize\n the required CO2 emission reductions and/or negative emissions, and by leaving the\n award of one or more Contracts to the market’s ability to capture and store different\n quantities of CO2 (with a minimum of 100,000 tonnes annually from 2030-2044) within\n the available funds. THE COMPETITIVE BIDDING PROCESS The granting of subsidy under\n the CCS Fund constitutes State aid for climate and environmental protection and is\n prepared following the European Commission’s Guidelines on State aid for climate,\n environmental protection and energy 2022 (CEEAG). The designation of the Contract(s)\n as a services contract in this contract notice etc. does not change this. The competitive\n bidding process will be conducted as a negotiated procedure in accordance with the\n rules and principles of section II of the Danish Public Procurement Act. The DEA will\n notify the CCS Fund to the European Commission as an aid scheme in accordance with\n the procedure prescribed by Article 108 of Treaty on the Function of the European\n Union (TFEU), and the granting of subsidy and conclusion of one or several Contracts\n under the CCS Fund is dependent on the European Commission’s prior approval. See further\n the Tender Specifications, paragraph 3. The negotiation process is expected to be\n conducted with one negotiation round. See further the Tender Specifications and Appendix\n B. See the Tender Specifications, paragraph 6, regarding the requirement methodology.\n It is emphasised that all requirements that are not Minimum Requirements may be subject\n to negotiation and may be changed or withdrawn during the tender procedure according\n to the DEA’s decision. Thus, the DEA encourages all economic operators who can comply\n with the Minimum Requirements (and fulfil the minimum requirements for participation,\n see section 5.1.9) to apply for prequalification, even if the economic operator cannot\n comply with all General Requirements. Also see the Tender Specifications paragraph\n 14.2 and Appendix B, regarding the expected topics for negotiation.

Identifikator for proceduren: 1a229ef4-885b-4058-bf20-1fd85e519a08

Intern identifikator: -

Udbudsprocedure: Udbud med forhandling/indkaldelse af tilbud med forudgående offentliggørelse

Proceduren er en hasteprocedure: nej

Hovedpunkterne i proceduren: Reference is made to section 2.1 and the tender documents. The DEA will not pay a\n participation fee to the tenderers.

2.1.1 Formål

Kontraktens art: Tjenesteydelser

Primær klassificering (cpv): 90700000 Tjenester på miljøområdet

Yderligere klassificering (cpv): 90720000 Miljøbeskyttelse

2.1.2 Udførelsessted

Landespecifik underafdeling (NUTS): Byen København (DK011)

Land: Danmark

Yderligere oplysninger: The captured and stored CO2 shall originate from Denmark. All NUTS code for Denmark\n applies: DK0, DK01, DK011, DK012, DK013, DK014, DK02, DK021, DK022, DK03, DK031, DK032,\n DK04, DK041, DK042, DK05, DK050

2.1.3 Værdi

Anslået værdi eksklusiv moms: 28.659.200.000 Dansk krone

2.1.4 Generelle oplysninger

Yderligere oplysninger: Participation in the tender procedure may only take place by electronic means via\n the electronic tendering system used by the DEA. For access to the procurement documents,\n the candidate must be registered or register as a user. If the application contains\n several versions of the same document, the latest uploaded version will apply. All\n communication in connection with the tender procedure, including questions and answers,\n must take place through the electronic tendering system. Reference is made to the\n Tender specifications for information concerning questions and answers. Interested\n operators are requested to keep updated via the electronic tendering system. If the\n candidate encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com,\n or telephone (+45) 70 20 80 14. Section 134a of the Danish Public Procurement Act\n shall apply to this tender procedure. As its application, the candidate must submit\n an ESPD as preliminary documentation of the circumstances set out in section 148(1),\n paras (1)-(3) of the Danish Public Procurement Act (udbudsloven). It is not necessary\n for the candidate to sign the ESPD document. For groups of operators (e.g. a consortium),\n a separate ESPD must be submitted for each participating operator. Where the candidate\n is a group of operators, the ESPD document of each participant in the group must be\n signed by the participant in question. The candidate heading the group and submitting\n the application is not required to sign its ESPD document. If the candidate relies\n on the capacities of other entities, an ESPD must be submitted for and signed by each\n of the entities on which it relies. Refer to “Guide to the ESPD – How to complete\n in Digitale Udbud” for information on how to complete the ESPD. Before the award decision\n is made, the tenderer to whom the DEA intends to award the contract must provide documentation\n of the information submitted in the ESPD pursuant to sections 151-152, cf. section\n 153 of the Danish Public Procurement Act. As an alternative to the documentation mentioned\n in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the applicant\n and tenderer may submit to the DEA a certificate of registration in an official list\n of approved economic operators, see section 156 of the Danish Public Procurement Act,\n issued by the competent authority. The DEA only accepts certificates of registration\n in an official list from applicants and tenderers established in the country holding\n the official list. It should be noted that the procurement is subject to Regulation\n (EU) No. 2022/2560 of the European Parliament and of the Council of 14 December 2022\n on foreign subsidies distorting the internal market. As of 12 October 223, applicants\n are obliged to submit, as part of their application, a notification/declaration concerning\n any financial contributions received from third countries, see Article 29 of the Regulation.\n Prequalified applicants will be obliged to update the notification/declaration upon\n submission of tender. The DEA will select the number of candidates by applying the\n selection criteria stated in this contract notice, unless the DEA receives no more\n than the stated number of compliant requests for participation. It should be noted\n that each candidate may only submit one application for prequalification. The DEA\n may use the procedure of section 159(5) of the Danish Public Procurement Act in the\n event that applications or tenders do not comply with the formal requirements of the\n tender documents. Attention is drawn to Article 5k in Regulation (EU) No 833/2014,\n as amended, which applies to the tender procedure. The provision contains a prohibition\n against award of contracts to Russian companies and Russian-controlled companies etc.\n (reference is made to Article 5k, section 1, for the precise definition of the operators\n that are subject to the prohibition). The DEA reserves the right to require at any\n time during the tender process that the economic operators prove that they are not\n subject to the prohibition, for example by requiring a declaration to this effect\n and/or documentation regarding the place of establishment and ownership of the economic\n operators and any subcontractors. The DEA expects to hold an information meeting prior\n to the deadline for submission of request to participation. See the Tender Specifications\n section 9 for further information. Regarding section 5.1.12: Please note the deadline\n for receipt of requests to participate is in Danish local time. Regarding section\n 5.1.3: The Contract has a duration of approx. 15-16 years of operation (in addition\n to the prior pre-construction and construction phases), depending on whether the tenderer\n offers to capture and Store CO2 in 2029.

Retsgrundlag:

Direktiv 2014/24/EU

Danish Public Procurement Act - Reference is made to section 2.1

2.1.6 Grunde til udelukkelse

En situation, der svarer til konkurs i henhold til national ret: see section 137(1), para (2) of the Danish Public Procurement Act.

Konkurs: see section 137(1), para (2) of the Danish Public Procurement Act.

Korruption: see section 135(1), para (2) of the Danish Public Procurement Act.

Tvangsakkord uden for konkurs: see section 137(1), para (2) of the Danish Public Procurement Act.

Deltagelse i en kriminel organisation: see section 135(1), para (1) of the Danish Public Procurement Act.

Hvidvaskning af penge eller finansiering af terrorisme: see section 135(1), para (5) of the Danish Public Procurement Act.

Svig: see section 135(1), para (3) of the Danish Public Procurement Act.

Børnearbejde og andre former for menneskehandel: see section 135(1), para (6) of the Danish Public Procurement Act.

Insolvens: see section 137(1), para (2) of the Danish Public Procurement Act.

Aktiver, der administreres af en kurator: see section 137(1), para (2) of the Danish Public Procurement Act.

Har afgivet urigtige oplysninger eller tilbageholdt oplysninger, som ikke var i stand til at fremlægge de krævede dokumenter og indhentet fortrolige oplysninger i forbindelse med denne procedure: see section 136, para (3) of the Danish Public Procurement Act.

Interessekonflikt som følge af deltagelse i udbudsproceduren: see section 136, para (1) of the Danish Public Procurement Act.

Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure: see section 136, para (2) of the Danish Public Procurement Act.

Skyldig i alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet: see section 136, para (4) of the Danish Public Procurement Act.

Betaling af socialsikringsbidrag: see section 135(3) and section 137(1), para (6) of the Danish Public Procurement Act.

Erhvervsvirksomheden er indstillet: see section 137(1), para (2) of the Danish Public Procurement Act.

Betaling af skatter og afgifter: see section 135(3) and section 137(1), para (6) of the Danish Public Procurement Act.

Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet: see section 135(1), para (4) of the Danish Public Procurement Act.

5 Delkontrakt

5.1 Teknisk ID for partiet: LOT-0000

Titel: Tender for Contract on subsidy for carbon capture, transport and storage

Intern identifikator: 1

5.1.1 Formål

Kontraktens art: Tjenesteydelser

Primær klassificering (cpv): 90700000 Tjenester på miljøområdet

Yderligere klassificering (cpv): 90720000 Miljøbeskyttelse

5.1.2 Udførelsessted

Landespecifik underafdeling (NUTS): Byen København (DK011)

Land: Danmark

5.1.3 Anslået varighed

Varighed: 15 År

5.1.5 Værdi

Anslået værdi eksklusiv moms: 28.659.200.000 Dansk krone

5.1.6 Generelle oplysninger

Reserveret deltagelse: Deltagelse uden forbehold.

Indkøbsprojekt, der ikke finansieres med EU-midler

Udbuddet er omfattet af aftalen om offentlige udbud (GPA): ja

Oplysninger om tidligere bekendtgørelser:

Identifikator for den foregående bekendtgørelse: 769507-2023

5.1.9 Udvælgelseskriterier

Kriterium:

Type: Økonomisk og finansiel formåen

Navn: Equity

Beskrivelse: The candidate must submit the European Single Procurement Document (\"ESPD\") with the\n following information: - The candidate’s equity as at a date no later than 12 months\n before the deadline for submission of requests for participation The candidate may\n rely on the economic and financial capacity of other operators to fulfil the minimum\n suitability requirement. The operator(s) making its/their economic and financial capacity\n available to the candidate must sign a letter of commitment, see further in the Tender\n specifications. The form is enclosed as an Appendix to the Tender specifications.\n The candidate is requested to submit the letter of commitment with its application\n for prequalification. The ESPD serves as provisional documentation that the candidate\n fulfils the minimum suitability requirement in respect of economic and financial capacity.\n Before the award decision is made, the candidate to whom the DEA intends to award\n the contract must submit documentation that the information stated in the ESPD is\n accurate. The DEA intends to ask the candidates to provide documentation for their\n fulfillment of the minimum requirement concerning financial and economic standing\n after prequalification. Upon the DEA’s request, the following documentation of economic\n and financial capacity must be submitted: A) The candidate’s audited annual report/financial\n statement (in Danish: årsrapport/årsregnskab) or excerpts thereof for the latest financial\n year, if i) publication of annual reports/financial statements is required under the\n law in the country in which the candidate is established and ii) the end of the latest\n financial year is a date no later than 12 months before the deadline for sub-mission\n of requests for participation or B) any other documentation regarding the amount of\n equity which the DEA deems to be appropriate where the candidate is unable to present\n the documents requested by the DEA for a valid reason. Such valid reason may be e.g.\n where the candidate is a newly established company and an audited annual report/financial\n statement has not yet been presented (in Danish: “aflagt”) or where the end of the\n financial year is a date later than 12 months before the deadline for submission of\n requests for participation. In such case the candidate may submit a declaration from\n an auditor regarding the amount of equity as at a date no later than 12 months before\n the deadline for submission of requests for participation. For groups of operators\n (e.g. a consortium), the information and documentation must be submitted for each\n participating operator in the group. Where an operator relies on the economic and\n financial capacity of other entities (e.g. a parent company, a sister company or a\n sub-supplier), information and documentation for such other entities must be provided\n as well. Minimum requirement: As a minimum requirement, a positive (above zero) equity\n as at a date no later than 12 months before the deadline for submission of requests\n for participation is required. If the candidate is the parent company of a group of\n companies (i.e. the same legal group) or the candidate is relying on the economic\n and financial capacity of such a parent company, the equity may be based on the financial\n figures of the consolidated financial statement of the group of companies. “The same\n legal group” shall be defined as entities covered by directive 2013/34/EU (directive\n on the annual financial statements, consolidated financial statements and related\n reports of certain types of undertakings) art. 22 (1). If the candidate is an intermediate\n parent company (i.e. the parent company of a ‘sub-group’ of companies) or the candidate\n is relying on the economic and financial capacity of such an intermediate parent company,\n the equity may be based on the financial figures of the consolidated financial statement\n of the ‘sub-group’ of companies. If the candidate is relying on the capacity of one\n or more entities, the equity is to be calculated as the total equity of the candidate\n and the supporting entities. If the candidate and the supporting entity/entities have\n consolidated financial statements, the equity is to be calculated based on such consolidated\n financial statements. The candidate and supporting entities should provide the information\n necessary in the ESPD, part IV, section B, to allow for correct calculations. If the\n candidate is a group of economic operators (e.g., a consortium), the equity is to\n be calculated as the total equity of the participating economic operators. If any\n of the participating economic operators (in the consortium) have consolidated financial\n statements, the equity is to be calculated based on such consolidated financial statements.\n The economic operators in question should provide the information necessary in the\n ESPD, part IV, section B, to allow for correct calculations.

Anvendelse af dette kriterium: Anvendt

Kriterium:

Type: Egnethed til at udøve det pågældende erhverv

Anvendelse af dette kriterium: Ikke anvendt

Kriterium:

Type: Teknisk og faglig formåen

Navn: Objective criteria for choosing the limited number of candidates

Beskrivelse: If more than 10 candidates fulfill the minimum requirements regarding economic and\n financial capacity and are not covered by any of the applicable exclusion grounds,\n the selection of candidates invited to tender will be based on an evaluation of the\n following criteria: - Which candidates have demonstrated the most relevant experiences\n with planning and/or operating CCS activities (carbon capture, transport and storage),\n including e.g. demonstration projects, pilot projects and research projects. In the\n assessment of which candidates have documented the most relevant experiences, the\n extent to which the experiences, in total, document relevant experience with carbon\n capture, transport and/or storage will be considered, and emphasis will be put on\n the purpose and scope of the project(s), the total budget of the project(s) and the\n result of the project(s). The candidates shall document their fulfilment of the criterion\n by providing a list with descriptions of their experiences with CCS activities. The\n descriptions should include: Project title, purpose and scope, total budget for the\n project, start and end date and result of the project. The descriptions shall not\n collectively exceed 30,000 characters including spaces. If the descriptions exceed\n 30,000 characters, the DEA will base its assessment on the first 30,000 characters.\n - Which candidates have demonstrated the most relevant experiences with acquiring\n and establishing plants or platforms and/or modifying or expanding plants or platforms\n and commissioning hereof. The plant(s)/platform(s) or the modification/expansion of\n the plant(s)/platform(s) must have been commissioned in the latest 15 years before\n the expiry of the deadline for application for prequalification. In the assessment\n of which candidates have documented the most relevant experiences, the extent to which\n the experiences, in total, document relevant experience with acquisition and establishment\n / the modification or expansion of the plant(s)/platform(s) will be considered, and\n emphasis will be put on the purpose and scope, the total budget and the result of\n the acquisition and establishment / the modification or expansion of the plant(s)/platform(s).\n The candidates shall document their fulfilment of the criteria by providing a list\n with descriptions of such acquisitions and establishments, modifications / expansions\n and commissioning of plants/platforms. The descriptions should include: Name of the\n plant/platform, purpose and scope, total budget, the result / impact of the acquisition\n and establishment / the modification or expansion of the plant(s)/platform(s) and\n the commissioning date. The descriptions shall not collectively exceed 30,000 characters\n including spaces. If the descriptions exceed 30,000 characters, the DEA will base\n its assessment on the first 30,000 characters. To the extent, that the same matter\n demonstrates experience with both CCS activities and acquiring and establishing plants\n or platforms and/or modifying or expanding plants or platforms and commissioning hereof,\n the candidate may include the same matter in its list with description under each\n selection criteria, i.e. the matter must be described under both selection criteria.\n The candidate must submit information regarding the candidate’s fulfillment of the\n abovementioned selection criteria in the ESPD, part V. The candidate may rely on the\n technical and professional of other operators to fulfil the selection criteria. The\n operator(s) making its/their technical and professional capacity available to the\n candidate must sign a letter of commitment, see further in the Tender specifications.\n The form is enclosed as an Appendix to the Tender specifications. The candidate is\n requested to submit the letter of commitment with its application for prequalification.\n The ESPD serves as provisional documentation that the candidate fulfils the selection\n criteria. Before the award decision is made, the tenderer to whom the DEA intends\n to award the Contract must submit documentation that the information stated in the\n ESPD is accurate. No additional documentation of the selection criteria will be required\n from the candidate. However, the DEA reserves the right to contact the candidate or\n relevant third parties for verification of the information stated in the descriptions.

Anvendelse af dette kriterium: Anvendt

Kriterierne vil blive anvendt til at udvælge de ansøgere, som skal opfordres til at deltage i anden fase af proceduren

Oplysninger om den anden fase i en procedure, der afvikles i to faser:

Mindsteantallet af ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 10

Det højeste antal ansøgere, som skal opfordres til at deltage i anden fase af proceduren: 10

5.1.10 Tildelingskriterier

Kriterium:

Type: Pris

Navn: Subsidy

Beskrivelse: Reference is made to Appendix A

Vægtning (procentdel, præcis): 80

Kriterium:

Type: Kvalitet

Navn: Project maturity

Beskrivelse: Reference is made to Appendix A

Vægtning (procentdel, præcis): 20

5.1.11 Udbudsdokumenter

Adresse på udbudsdokumenterne: https://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=414103&B=

5.1.12 Udbudsvilkår

Vilkår for indgivelse:

Elektronisk indgivelse: Påkrævet

Indgivelsesadresse: https://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=414103&B=

Sprog, som tilbud og ansøgninger om deltagelse kan indgives på: engelsk

Elektronisk katalog: Ikke tilladt

Alternative tilbud: Ikke tilladt

Tilbudsgivere kan indgive mere end ét tilbud: Ikke tilladt

Frist for modtagelse af anmodninger om deltagelse: 25-03-2025 12:00 +00:00

Betingelser for kontrakten:

Udførelsen af kontrakten skal ske inden for rammerne af programmer for beskyttet beskæftigelse: Nej

Vilkår relateret til kontraktens udførelse: Reference is made to the tender documents including appendix 7 (Code of Conduct).\n If the Contract is awarded to a group of operators (e.g. a consortium), the participants\n of the group must undertake joint and several liability and appoint a joint representative.

Der kræves en fortrolighedsaftale: nej

Elektronisk fakturering: Tilladt

Der vil blive anvendt elektronisk bestilling: nej

Der vil blive anvendt elektronisk betaling: ja

Finansiel ordning: The tenderers shall with their first Indicative Offer and Best and Final Offer submit\n a declaration of intent regarding a performance and warranty guarantee. Prior to the\n signing of the Contract(s) the tenderer(s) who is awarded a Contract shall provide\n the DEA with an unconditional and irrevocable on-demand Performance and Warranty Guarantee\n issued by a Guarantor in favour of the DEA. Reference is made to the tender documents.

Oplysninger om undersøgelsesfrister: Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov\n om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk),\n the following deadlines apply to the lodging of complaints: Complaints of not having\n been selected must be submitted to the Danish Complaints Board for Public Procurement\n before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after\n submission of notification to the candidates concerned of the identity of the successful\n tenderer where the notification is accompanied by an explanation of the grounds for\n the decision in accordance with section 2(1), para (1) of the Act and section 171(2)\n of the Danish Public Procurement Act. Other complaints of award procedures, see section\n 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement\n before the expiry of 45 calendar days after the contracting entity has published a\n notice in the Official Journal of the European Union that the contracting entity has\n entered into a contract. The deadline is calculated from the day after the day when\n the notice was published. Not later than at the time of lodging a complaint with the\n Danish Complaints Board for Public Procurement, the complainant must notify the contracting\n entity in writing that a complaint has been lodged with the Danish Complaints Board\n for Public Procurement and whether the complaint was lodged during the standstill\n period, see section 6(4) of the Act. In cases where the complaint was not lodged within\n the standstill period, the complainant must furthermore indicate whether a suspensory\n effect of the complaint has been requested, see section 12(1) of the Act. The e-mail\n address of the Complaints Board for Public Procurement is klfu@naevneneshus.dk. The\n Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.

5.1.15 Teknikker

Rammeaftale:

Ingen rammeaftale

Oplysninger om det dynamiske indkøbssystem:

Intet dynamisk indkøbssystem

Elektronisk auktion: nej

5.1.16 Yderligere oplysninger, mægling og gennemgang

Organisation med ansvar for klager: Klagenævnet for Udbud

Organisation, der leverer yderligere oplysninger om klageprocedurerne: Konkurrence- og Forbrugerstyrelsen

TED eSender: Mercell Holding ASA

2 Procedure

2.1 Procedure

Title: Tender for Contract on subsidy for carbon capture, transport and storage

Description: THE CCS FUND With the agreement on a strengthened framework for CCS in Denmark (in\n Danish: “Aftale om styrkede rammevilkår for CCS i Danmark”) of 20 September 2023,\n a majority of the Danish Parliament decided to merge the second phase of the CCUS\n fund and the GSR fund into one combined fund, the “CCS Fund”. In June 2024, a political\n decision was made to deploy the CCS Fund through one single competitive bidding process.\n This call for tenders concerns the deployment of the CCS Fund. The purpose of the\n CCS Fund is to achieve CO2 emission reductions and/or negative emissions by Storing\n Fossil CO2 and/or Biogenic CO2 or Atmospheric CO2. The overarching aim of the CCS\n Fund is thus to contribute to the realization of Denmark's climate targets as outlined\n in the Danish Climate Act (in Danish: “Klimaloven”). THE CONTRACT(S) The Danish Energy\n Agency (the DEA) wishes to enter into one or more contract(s) pursuant to which the\n recipient(s) of the subsidies (each recipient “the Operator”) shall ensure and be\n responsible for achieving the CO2 emission reductions and/or negative CO2 emissions\n (“the Contract”). As described in the tender documents, the Operator shall each year\n from 2030 until (and including) 2044 capture and permanently, geologically store a\n fixed quantity of CO2 (“Annual Quantity”). The Operator may also offer to capture\n and Store CO2 from 1 January 2029 at the earliest until (and including) 31 December\n 2029 (“2029-Quantity”). The Operator may base their project on CO2 capture from one\n point source or direct air capture plant, a combination of point sources or direct\n air capture plants or a portfolio of several point sources or direct air capture plants.\n The Operator may be any economic operator or a group of operators willing to assume\n the responsibility for achieving the CO2 emission reductions and/or negative CO2 emissions\n in accordance with the Contract by performing the Contract by itself and/or by engaging\n Sub-Suppliers. The total maximum available subsidy of the CCS Fund is DKK 28,659,200,000.00\n (2025-prices, including VAT and including potential derived tax losses (in Danish:\n “afledt afgiftstab”)) covering the period from (and including) 2029 to (and including)\n 2044. The CCS Fund shall cover potential derived tax losses that stem from the award\n of Contract(s) to tenderers who will avoid national CO2 related taxes by capturing\n and storing their CO2 emissions. As such, the total available annual funds depends\n on the composition of the final contract recipient(s). The total available annual\n funds for the period 2029-2044 can, at most, be DKK 1,791,200,000.00 (2025-prices,\n including VAT). The value stated in section 2.1.3 is the total available funds of\n the CCS Fund and thus including VAT and including potential derived tax losses. The\n Subsidy will be paid per tonne CO2 captured and stored in accordance with the Contract.\n The Offered Rate per tonne CO2 will be adjusted throughout the contract period as\n described in Appendix 5, Subsidy and economy scheme. The DEA will award one or more\n Contract(s) dependent on the available funds based on the received offers. The Contract\n is not divided into predefined lots. The DEA considers that the funds are deployed\n most efficiently with Contract(s) covering the full Value Chain, in order to realize\n the required CO2 emission reductions and/or negative emissions, and by leaving the\n award of one or more Contracts to the market’s ability to capture and store different\n quantities of CO2 (with a minimum of 100,000 tonnes annually from 2030-2044) within\n the available funds. THE COMPETITIVE BIDDING PROCESS The granting of subsidy under\n the CCS Fund constitutes State aid for climate and environmental protection and is\n prepared following the European Commission’s Guidelines on State aid for climate,\n environmental protection and energy 2022 (CEEAG). The designation of the Contract(s)\n as a services contract in this contract notice etc. does not change this. The competitive\n bidding process will be conducted as a negotiated procedure in accordance with the\n rules and principles of section II of the Danish Public Procurement Act. The DEA will\n notify the CCS Fund to the European Commission as an aid scheme in accordance with\n the procedure prescribed by Article 108 of Treaty on the Function of the European\n Union (TFEU), and the granting of subsidy and conclusion of one or several Contracts\n under the CCS Fund is dependent on the European Commission’s prior approval. See further\n the Tender Specifications, paragraph 3. The negotiation process is expected to be\n conducted with one negotiation round. See further the Tender Specifications and Appendix\n B. See the Tender Specifications, paragraph 6, regarding the requirement methodology.\n It is emphasised that all requirements that are not Minimum Requirements may be subject\n to negotiation and may be changed or withdrawn during the tender procedure according\n to the DEA’s decision. Thus, the DEA encourages all economic operators who can comply\n with the Minimum Requirements (and fulfil the minimum requirements for participation,\n see section 5.1.9) to apply for prequalification, even if the economic operator cannot\n comply with all General Requirements. Also see the Tender Specifications paragraph\n 14.2 and Appendix B, regarding the expected topics for negotiation.

Procedure identifier: 1a229ef4-885b-4058-bf20-1fd85e519a08

Internal identifier: -

Type of procedure: Negotiated with prior publication of a call for competition / competitive with negotiation

The procedure is accelerated: no

Main features of the procedure: Reference is made to section 2.1 and the tender documents. The DEA will not pay a\n participation fee to the tenderers.

2.1.1 Purpose

Main nature of the contract: Services

Main classification (cpv): 90700000 Environmental services

Additional classification (cpv): 90720000 Environmental protection

2.1.2 Place of performance

Country subdivision (NUTS): Byen København (DK011)

Country: Denmark

Additional information: The captured and stored CO2 shall originate from Denmark. All NUTS code for Denmark\n applies: DK0, DK01, DK011, DK012, DK013, DK014, DK02, DK021, DK022, DK03, DK031, DK032,\n DK04, DK041, DK042, DK05, DK050

2.1.3 Value

Estimated value excluding VAT: 28.659.200.000 Danish krone

2.1.4 General information

Additional information: Participation in the tender procedure may only take place by electronic means via\n the electronic tendering system used by the DEA. For access to the procurement documents,\n the candidate must be registered or register as a user. If the application contains\n several versions of the same document, the latest uploaded version will apply. All\n communication in connection with the tender procedure, including questions and answers,\n must take place through the electronic tendering system. Reference is made to the\n Tender specifications for information concerning questions and answers. Interested\n operators are requested to keep updated via the electronic tendering system. If the\n candidate encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com,\n or telephone (+45) 70 20 80 14. Section 134a of the Danish Public Procurement Act\n shall apply to this tender procedure. As its application, the candidate must submit\n an ESPD as preliminary documentation of the circumstances set out in section 148(1),\n paras (1)-(3) of the Danish Public Procurement Act (udbudsloven). It is not necessary\n for the candidate to sign the ESPD document. For groups of operators (e.g. a consortium),\n a separate ESPD must be submitted for each participating operator. Where the candidate\n is a group of operators, the ESPD document of each participant in the group must be\n signed by the participant in question. The candidate heading the group and submitting\n the application is not required to sign its ESPD document. If the candidate relies\n on the capacities of other entities, an ESPD must be submitted for and signed by each\n of the entities on which it relies. Refer to “Guide to the ESPD – How to complete\n in Digitale Udbud” for information on how to complete the ESPD. Before the award decision\n is made, the tenderer to whom the DEA intends to award the contract must provide documentation\n of the information submitted in the ESPD pursuant to sections 151-152, cf. section\n 153 of the Danish Public Procurement Act. As an alternative to the documentation mentioned\n in sections 153-155, 157 and 158 of the Danish Public Procurement Act, the applicant\n and tenderer may submit to the DEA a certificate of registration in an official list\n of approved economic operators, see section 156 of the Danish Public Procurement Act,\n issued by the competent authority. The DEA only accepts certificates of registration\n in an official list from applicants and tenderers established in the country holding\n the official list. It should be noted that the procurement is subject to Regulation\n (EU) No. 2022/2560 of the European Parliament and of the Council of 14 December 2022\n on foreign subsidies distorting the internal market. As of 12 October 223, applicants\n are obliged to submit, as part of their application, a notification/declaration concerning\n any financial contributions received from third countries, see Article 29 of the Regulation.\n Prequalified applicants will be obliged to update the notification/declaration upon\n submission of tender. The DEA will select the number of candidates by applying the\n selection criteria stated in this contract notice, unless the DEA receives no more\n than the stated number of compliant requests for participation. It should be noted\n that each candidate may only submit one application for prequalification. The DEA\n may use the procedure of section 159(5) of the Danish Public Procurement Act in the\n event that applications or tenders do not comply with the formal requirements of the\n tender documents. Attention is drawn to Article 5k in Regulation (EU) No 833/2014,\n as amended, which applies to the tender procedure. The provision contains a prohibition\n against award of contracts to Russian companies and Russian-controlled companies etc.\n (reference is made to Article 5k, section 1, for the precise definition of the operators\n that are subject to the prohibition). The DEA reserves the right to require at any\n time during the tender process that the economic operators prove that they are not\n subject to the prohibition, for example by requiring a declaration to this effect\n and/or documentation regarding the place of establishment and ownership of the economic\n operators and any subcontractors. The DEA expects to hold an information meeting prior\n to the deadline for submission of request to participation. See the Tender Specifications\n section 9 for further information. Regarding section 5.1.12: Please note the deadline\n for receipt of requests to participate is in Danish local time. Regarding section\n 5.1.3: The Contract has a duration of approx. 15-16 years of operation (in addition\n to the prior pre-construction and construction phases), depending on whether the tenderer\n offers to capture and Store CO2 in 2029.

Legal basis:

Directive 2014/24/EU

Danish Public Procurement Act - Reference is made to section 2.1

2.1.6 Grounds for exclusion

Analogous situation like bankruptcy under national law: see section 137(1), para (2) of the Danish Public Procurement Act.

Bankruptcy: see section 137(1), para (2) of the Danish Public Procurement Act.

Corruption: see section 135(1), para (2) of the Danish Public Procurement Act.

Arrangement with creditors: see section 137(1), para (2) of the Danish Public Procurement Act.

Participation in a criminal organisation: see section 135(1), para (1) of the Danish Public Procurement Act.

Money laundering or terrorist financing: see section 135(1), para (5) of the Danish Public Procurement Act.

Fraud: see section 135(1), para (3) of the Danish Public Procurement Act.

Child labour and other forms of trafficking in human beings: see section 135(1), para (6) of the Danish Public Procurement Act.

Insolvency: see section 137(1), para (2) of the Danish Public Procurement Act.

Assets being administered by liquidator: see section 137(1), para (2) of the Danish Public Procurement Act.

Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure: see section 136, para (3) of the Danish Public Procurement Act.

Conflict of interest due to its participation in the procurement procedure: see section 136, para (1) of the Danish Public Procurement Act.

Direct or indirect involvement in the preparation of this procurement procedure: see section 136, para (2) of the Danish Public Procurement Act.

Guilty of grave professional misconduct: see section 136, para (4) of the Danish Public Procurement Act.

Payment of social security contributions: see section 135(3) and section 137(1), para (6) of the Danish Public Procurement Act.

Business activities are suspended: see section 137(1), para (2) of the Danish Public Procurement Act.

Payment of taxes: see section 135(3) and section 137(1), para (6) of the Danish Public Procurement Act.

Terrorist offences or offences linked to terrorist activities: see section 135(1), para (4) of the Danish Public Procurement Act.

5 Lot

5.1 Lot technical ID: LOT-0000

Title: Tender for Contract on subsidy for carbon capture, transport and storage

Internal identifier: 1

5.1.1 Purpose

Main nature of the contract: Services

Main classification (cpv): 90700000 Environmental services

Additional classification (cpv): 90720000 Environmental protection

5.1.2 Place of performance

Country subdivision (NUTS): Byen København (DK011)

Country: Denmark

5.1.3 Estimated duration

Duration: 15 Year

5.1.5 Value

Estimated value excluding VAT: 28.659.200.000 Danish krone

5.1.6 General information

Reserved participation: Participation is not reserved.

Procurement Project not financed with EU Funds.

The procurement is covered by the Government Procurement Agreement (GPA): yes

Information about previous notices:

Identifier of the previous notice: 769507-2023

5.1.9 Selection criteria

Criterion:

Type: Economic and financial standing

Name: Equity

Description: The candidate must submit the European Single Procurement Document (\"ESPD\") with the\n following information: - The candidate’s equity as at a date no later than 12 months\n before the deadline for submission of requests for participation The candidate may\n rely on the economic and financial capacity of other operators to fulfil the minimum\n suitability requirement. The operator(s) making its/their economic and financial capacity\n available to the candidate must sign a letter of commitment, see further in the Tender\n specifications. The form is enclosed as an Appendix to the Tender specifications.\n The candidate is requested to submit the letter of commitment with its application\n for prequalification. The ESPD serves as provisional documentation that the candidate\n fulfils the minimum suitability requirement in respect of economic and financial capacity.\n Before the award decision is made, the candidate to whom the DEA intends to award\n the contract must submit documentation that the information stated in the ESPD is\n accurate. The DEA intends to ask the candidates to provide documentation for their\n fulfillment of the minimum requirement concerning financial and economic standing\n after prequalification. Upon the DEA’s request, the following documentation of economic\n and financial capacity must be submitted: A) The candidate’s audited annual report/financial\n statement (in Danish: årsrapport/årsregnskab) or excerpts thereof for the latest financial\n year, if i) publication of annual reports/financial statements is required under the\n law in the country in which the candidate is established and ii) the end of the latest\n financial year is a date no later than 12 months before the deadline for sub-mission\n of requests for participation or B) any other documentation regarding the amount of\n equity which the DEA deems to be appropriate where the candidate is unable to present\n the documents requested by the DEA for a valid reason. Such valid reason may be e.g.\n where the candidate is a newly established company and an audited annual report/financial\n statement has not yet been presented (in Danish: “aflagt”) or where the end of the\n financial year is a date later than 12 months before the deadline for submission of\n requests for participation. In such case the candidate may submit a declaration from\n an auditor regarding the amount of equity as at a date no later than 12 months before\n the deadline for submission of requests for participation. For groups of operators\n (e.g. a consortium), the information and documentation must be submitted for each\n participating operator in the group. Where an operator relies on the economic and\n financial capacity of other entities (e.g. a parent company, a sister company or a\n sub-supplier), information and documentation for such other entities must be provided\n as well. Minimum requirement: As a minimum requirement, a positive (above zero) equity\n as at a date no later than 12 months before the deadline for submission of requests\n for participation is required. If the candidate is the parent company of a group of\n companies (i.e. the same legal group) or the candidate is relying on the economic\n and financial capacity of such a parent company, the equity may be based on the financial\n figures of the consolidated financial statement of the group of companies. “The same\n legal group” shall be defined as entities covered by directive 2013/34/EU (directive\n on the annual financial statements, consolidated financial statements and related\n reports of certain types of undertakings) art. 22 (1). If the candidate is an intermediate\n parent company (i.e. the parent company of a ‘sub-group’ of companies) or the candidate\n is relying on the economic and financial capacity of such an intermediate parent company,\n the equity may be based on the financial figures of the consolidated financial statement\n of the ‘sub-group’ of companies. If the candidate is relying on the capacity of one\n or more entities, the equity is to be calculated as the total equity of the candidate\n and the supporting entities. If the candidate and the supporting entity/entities have\n consolidated financial statements, the equity is to be calculated based on such consolidated\n financial statements. The candidate and supporting entities should provide the information\n necessary in the ESPD, part IV, section B, to allow for correct calculations. If the\n candidate is a group of economic operators (e.g., a consortium), the equity is to\n be calculated as the total equity of the participating economic operators. If any\n of the participating economic operators (in the consortium) have consolidated financial\n statements, the equity is to be calculated based on such consolidated financial statements.\n The economic operators in question should provide the information necessary in the\n ESPD, part IV, section B, to allow for correct calculations.

Use of this criterion: Used

Criterion:

Type: Suitability to pursue the professional activity

Use of this criterion: Not used

Criterion:

Type: Technical and professional ability

Name: Objective criteria for choosing the limited number of candidates

Description: If more than 10 candidates fulfill the minimum requirements regarding economic and\n financial capacity and are not covered by any of the applicable exclusion grounds,\n the selection of candidates invited to tender will be based on an evaluation of the\n following criteria: - Which candidates have demonstrated the most relevant experiences\n with planning and/or operating CCS activities (carbon capture, transport and storage),\n including e.g. demonstration projects, pilot projects and research projects. In the\n assessment of which candidates have documented the most relevant experiences, the\n extent to which the experiences, in total, document relevant experience with carbon\n capture, transport and/or storage will be considered, and emphasis will be put on\n the purpose and scope of the project(s), the total budget of the project(s) and the\n result of the project(s). The candidates shall document their fulfilment of the criterion\n by providing a list with descriptions of their experiences with CCS activities. The\n descriptions should include: Project title, purpose and scope, total budget for the\n project, start and end date and result of the project. The descriptions shall not\n collectively exceed 30,000 characters including spaces. If the descriptions exceed\n 30,000 characters, the DEA will base its assessment on the first 30,000 characters.\n - Which candidates have demonstrated the most relevant experiences with acquiring\n and establishing plants or platforms and/or modifying or expanding plants or platforms\n and commissioning hereof. The plant(s)/platform(s) or the modification/expansion of\n the plant(s)/platform(s) must have been commissioned in the latest 15 years before\n the expiry of the deadline for application for prequalification. In the assessment\n of which candidates have documented the most relevant experiences, the extent to which\n the experiences, in total, document relevant experience with acquisition and establishment\n / the modification or expansion of the plant(s)/platform(s) will be considered, and\n emphasis will be put on the purpose and scope, the total budget and the result of\n the acquisition and establishment / the modification or expansion of the plant(s)/platform(s).\n The candidates shall document their fulfilment of the criteria by providing a list\n with descriptions of such acquisitions and establishments, modifications / expansions\n and commissioning of plants/platforms. The descriptions should include: Name of the\n plant/platform, purpose and scope, total budget, the result / impact of the acquisition\n and establishment / the modification or expansion of the plant(s)/platform(s) and\n the commissioning date. The descriptions shall not collectively exceed 30,000 characters\n including spaces. If the descriptions exceed 30,000 characters, the DEA will base\n its assessment on the first 30,000 characters. To the extent, that the same matter\n demonstrates experience with both CCS activities and acquiring and establishing plants\n or platforms and/or modifying or expanding plants or platforms and commissioning hereof,\n the candidate may include the same matter in its list with description under each\n selection criteria, i.e. the matter must be described under both selection criteria.\n The candidate must submit information regarding the candidate’s fulfillment of the\n abovementioned selection criteria in the ESPD, part V. The candidate may rely on the\n technical and professional of other operators to fulfil the selection criteria. The\n operator(s) making its/their technical and professional capacity available to the\n candidate must sign a letter of commitment, see further in the Tender specifications.\n The form is enclosed as an Appendix to the Tender specifications. The candidate is\n requested to submit the letter of commitment with its application for prequalification.\n The ESPD serves as provisional documentation that the candidate fulfils the selection\n criteria. Before the award decision is made, the tenderer to whom the DEA intends\n to award the Contract must submit documentation that the information stated in the\n ESPD is accurate. No additional documentation of the selection criteria will be required\n from the candidate. However, the DEA reserves the right to contact the candidate or\n relevant third parties for verification of the information stated in the descriptions.

Use of this criterion: Used

The criteria will be used to select the candidates to be invited for the second stage of the procedure

Information about the second stage of a two-stage procedure:

Minimum number of candidates to be invited for the second stage of the procedure: 10

Maximum number of candidates to be invited for the second stage of the procedure: 10

5.1.10 Award criteria

Criterion:

Type: Price

Name: Subsidy

Description: Reference is made to Appendix A

Weight (percentage, exact): 80

Criterion:

Type: Quality

Name: Project maturity

Description: Reference is made to Appendix A

Weight (percentage, exact): 20

5.1.11 Procurement documents

Address of the procurement documents: https://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=414103&B=

5.1.12 Terms of procurement

Terms of submission:

Electronic submission: Required

Address for submission: https://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=414103&B=

Languages in which tenders or requests to participate may be submitted: English

Electronic catalogue: Not allowed

Variants: Not allowed

Tenderers may submit more than one tender: Not allowed

Deadline for receipt of requests to participate: 25-03-2025 12:00 +00:00

Terms of contract:

The execution of the contract must be performed within the framework of sheltered employment programmes: No

Conditions relating to the performance of the contract: Reference is made to the tender documents including appendix 7 (Code of Conduct).\n If the Contract is awarded to a group of operators (e.g. a consortium), the participants\n of the group must undertake joint and several liability and appoint a joint representative.

A non-disclosure agreement is required: no

Electronic invoicing: Allowed

Electronic ordering will be used: no

Electronic payment will be used: yes

Financial arrangement: The tenderers shall with their first Indicative Offer and Best and Final Offer submit\n a declaration of intent regarding a performance and warranty guarantee. Prior to the\n signing of the Contract(s) the tenderer(s) who is awarded a Contract shall provide\n the DEA with an unconditional and irrevocable on-demand Performance and Warranty Guarantee\n issued by a Guarantor in favour of the DEA. Reference is made to the tender documents.

Information about review deadlines: Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov\n om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk),\n the following deadlines apply to the lodging of complaints: Complaints of not having\n been selected must be submitted to the Danish Complaints Board for Public Procurement\n before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after\n submission of notification to the candidates concerned of the identity of the successful\n tenderer where the notification is accompanied by an explanation of the grounds for\n the decision in accordance with section 2(1), para (1) of the Act and section 171(2)\n of the Danish Public Procurement Act. Other complaints of award procedures, see section\n 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement\n before the expiry of 45 calendar days after the contracting entity has published a\n notice in the Official Journal of the European Union that the contracting entity has\n entered into a contract. The deadline is calculated from the day after the day when\n the notice was published. Not later than at the time of lodging a complaint with the\n Danish Complaints Board for Public Procurement, the complainant must notify the contracting\n entity in writing that a complaint has been lodged with the Danish Complaints Board\n for Public Procurement and whether the complaint was lodged during the standstill\n period, see section 6(4) of the Act. In cases where the complaint was not lodged within\n the standstill period, the complainant must furthermore indicate whether a suspensory\n effect of the complaint has been requested, see section 12(1) of the Act. The e-mail\n address of the Complaints Board for Public Procurement is klfu@naevneneshus.dk. The\n Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.

5.1.15 Techniques

Framework agreement:

No framework agreement

Information about the dynamic purchasing system:

No dynamic purchase system

Electronic auction: no

5.1.16 Further information, mediation and review

Review organisation: Klagenævnet for Udbud

Organisation providing more information on the review procedures: Konkurrence- og Forbrugerstyrelsen

TED eSender: Mercell Holding ASA