{"bekendtgoerelseNoegle":{"noticeId":{"value":"bdf01862-c9a9-4787-8aca-34a6ff6f043f"},"noticeVersion":{"value":"01"},"noticePublicationNumber":{"value":"00164771-2024"}},"htmlDA":"\n\n \n
1 Køber
1.1 Køber
Officielt navn: Energistyrelsen (Danish Energy Agency)
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Køberens retlige status: Central regeringsmyndighed
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Den ordregivende myndigheds aktiviteter: Miljøbeskyttelse
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2 Procedure
2.1 Procedure
Titel: Tender for Contract on subsidy for negative emissions carbon capture, transport and\n storage
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Beskrivelse: The Agreement on the Danish Financial Act for 2022 introduced a new market based subsidy\n fund (the “NECCS Fund”) to achieve negative CO2 emissions by permanently and geologically\n storing biogenic or atmospheric CO2 (NECCS). The total maximum available subsidy of\n the NECCS Fund is DKK 2,559,200,000 (2023-prices) excl. VAT. The fund is scheduled\n for disbursement between 2025-2032. The granting of subsidy under the NECCS Fund is\n encompassed by the European Commission’s Guidelines on State aid for climate, environmental\n protection and energy 2022. The designation of the Contract(s) as a service contract\n in the contract notice, section II.1.3), etc. does not change this. The competitive\n bidding process is conducted as an open procedure in accordance with the general principles\n of the Danish Public Procurement Act. With this notice, the DEA wishes to promote\n transparency regarding the changes and clarifications made to the tender documents\n in the open procedure and the DEA’s subsequent cancellation of the open procedure\n and transition to a negotiated procedure without publication of a new contract notice.\n On 24 August 2023 the DEA dispatched contract notice no. 2023/S 165-521925 (521925-2023),\n published 29 August 2023, concerning the NECCS subsidy scheme where the DEA wishes\n to enter into one or more contract(s) pursuant to which the recipient(s) of the subsidies\n (each recipient “the Operator”) shall ensure and be responsible for capturing, transportation\n and permanent, geological storage of biogenic or atmospheric CO2 (“the Contract”).\n The competitive bidding process is conducted as a procedure where all economic operators\n were invited to submit an offer, i.e. as an open procedure, and in accordance with\n the general principles of the Danish Public Procurement Act. Based on the communication\n with the European Commission regarding the aid scheme, questions from potential tenderers\n and the DEA’s decision, the DEA made changes to the tender documents in November 2023\n prior to the deadline for submission of offers, which initially was on 1 December\n 2023. The DEA published the revised tender documents to all potential tenderers on\n the site in the electronic tendering system on 10 November 2023 and furthermore made\n the revised tender documents available on the DEA’s website stated in the contract\n notice. At the same time the DEA dispatched a notice for change of the contract notice\n (no. 692458-2023), published 15 November 2023. The DEA decided to extend the deadline\n for sub-mission of offers from 1 December 2023 to 15 January 2024. The postponement\n was partly due to a necessary update of the tender material and partly due to the\n EU Commission's state aid approval for the NECCS fund unexpectedly had not yet been\n granted. The changes and clarifications include for example that the amount of 50,200,000\n originally allocated for 2024 was removed from the NECCS fund, inclusion of a subsidy\n reduction mechanism in Appendix 5, Subsidy and economy scheme, and clarifications\n in Appendix 3, Requirements specification, in cases where the performance of the contract\n is based on more than one carbon capture plant. After the deadline for submission\n of offers on 15 January 2024, the DEA assessed that all received offers received in\n the open procedure were non-compliant. This entailed that the DEA could not award\n and conclude Contract(s) based on the offers received in the open procedure. With\n the aim of ensuring the necessary basis for an early award of one or more Contract(s),\n the DEA cancelled the open procedure and proceeded to a negotiated procedure on 5\n February 2024 in accordance with the Danish Public Procurement Act section 61(1),\n para 2, as only non-compliant offers had been submitted, see the Danish Public Procurement\n Act section 61(2), para 1. Reference is made to the DEA’s notice no. 79591-2024 published\n 7 February 2024 regarding the cancellation of the open procedure and transition to\n the negotiated procedure. The DEA made minor adjustments to Appendix B, Template for\n offer submission letter, to reflect the negotiated procedure.
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Identifikator for proceduren: 5f44d05f-e074-4cab-b347-14eba403239f
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Tidligere bekendtgørelse: 521925-2023
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Tidligere bekendtgørelse: 692458-2023
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Tidligere bekendtgørelse: 79591-2024
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Intern identifikator: -
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Udbudsprocedure: Udbud med forhandling uden forudgående offentliggørelse
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2.1.1 Formål
Kontraktens art: Tjenesteydelser
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Primær klassificering (cpv): 90700000 Tjenester på miljøområdet
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Yderligere klassificering (cpv): 90720000 Miljøbeskyttelse
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2.1.2 Udførelsessted
Land: Danmark
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Hvor som helst i det pågældende land
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2.1.4 Generelle oplysninger
Yderligere oplysninger: The NECCS Fund is fully financed in 2025, and partially financed in 2026 by REPower\n EU. REPower EU is the European Commission's plan to make Europe independent from Russian\n fossil fuels well before 2023. Despite the procedure being indicated as “Negotiated\n without prior call for competition” it is noted that – as also described in this notice\n – the Contract(s) has been subject to a prior publication of call for competition\n in the Official Journal of the European Union. The date specified in “Date on which\n the winner was chosen” is equivalent to the date where the DEA informed the tenderers\n involved of the DEA’s decision regarding award of contract.
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Retsgrundlag:
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Direktiv 2014/24/EU
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5 Delkontrakt
5.1 Teknisk ID for partiet: LOT-0000
Titel: Tender for Contract on subsidy for negative emissions carbon capture, transport and\n storage
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Beskrivelse: The Agreement on the Danish Financial Act for 2022 introduced a new market based subsidy\n fund (the “NECCS Fund”) to achieve negative CO2 emissions by permanently and geologically\n storing biogenic or atmospheric CO2 (NECCS). The total maximum available subsidy of\n the NECCS Fund is DKK 2,559,200,000 (2023-prices) excl. VAT. The fund is scheduled\n for disbursement between 2025-2032. The granting of subsidy under the NECCS Fund is\n encompassed by the European Commission’s Guidelines on State aid for climate, environmental\n protection and energy 2022. The designation of the Contract(s) as a service contract\n in the contract notice, section II.1.3), etc. does not change this. The competitive\n bidding process is conducted as an open procedure in accordance with the general principles\n of the Danish Public Procurement Act. With this notice, the DEA wishes to promote\n transparency regarding the changes and clarifications made to the tender documents\n in the open procedure and the DEA’s subsequent cancellation of the open procedure\n and transition to a negotiated procedure without publication of a new contract notice.\n On 24 August 2023 the DEA dispatched contract notice no. 2023/S 165-521925 (521925-2023),\n published 29 August 2023, concerning the NECCS subsidy scheme where the DEA wishes\n to enter into one or more contract(s) pursuant to which the recipient(s) of the subsidies\n (each recipient “the Operator”) shall ensure and be responsible for capturing, transportation\n and permanent, geological storage of biogenic or atmospheric CO2 (“the Contract”).\n The competitive bidding process is conducted as a procedure where all economic operators\n were invited to submit an offer, i.e. as an open procedure, and in accordance with\n the general principles of the Danish Public Procurement Act. Based on the communication\n with the European Commission regarding the aid scheme, questions from potential tenderers\n and the DEA’s decision, the DEA made changes to the tender documents in November 2023\n prior to the deadline for submission of offers, which initially was on 1 December\n 2023. The DEA published the revised tender documents to all potential tenderers on\n the site in the electronic tendering system on 10 November 2023 and furthermore made\n the revised tender documents available on the DEA’s website stated in the contract\n notice. At the same time the DEA dispatched a notice for change of the contract notice\n (no. 692458-2023), published 15 November 2023. The DEA decided to extend the deadline\n for sub-mission of offers from 1 December 2023 to 15 January 2024. The postponement\n was partly due to a necessary update of the tender material and partly due to the\n EU Commission's state aid approval for the NECCS fund unexpectedly had not yet been\n granted. The changes and clarifications include for example that the amount of 50,200,000\n originally allocated for 2024 was removed from the NECCS fund, inclusion of a subsidy\n reduction mechanism in Appendix 5, Subsidy and economy scheme, and clarifications\n in Appendix 3, Requirements specification, in cases where the performance of the contract\n is based on more than one carbon capture plant. After the deadline for submission\n of offers on 15 January 2024, the DEA assessed that all received offers received in\n the open procedure were non-compliant. This entailed that the DEA could not award\n and conclude Contract(s) based on the offers received in the open procedure. With\n the aim of ensuring the necessary basis for an early award of one or more Contract(s),\n the DEA cancelled the open procedure and proceeded to a negotiated procedure on 5\n February 2024 in accordance with the Danish Public Procurement Act section 61(1),\n para 2, as only non-compliant offers had been submitted, see the Danish Public Procurement\n Act section 61(2), para 1. Reference is made to the DEA’s notice no. 79591-2024 published\n 7 February 2024 regarding the cancellation of the open procedure and transition to\n the negotiated procedure. The DEA made minor adjustments to Appendix B, Template for\n offer submission letter, to reflect the negotiated procedure.
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Intern identifikator: 1
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5.1.1 Formål
Kontraktens art: Tjenesteydelser
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Primær klassificering (cpv): 90700000 Tjenester på miljøområdet
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Yderligere klassificering (cpv): 90720000 Miljøbeskyttelse
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5.1.2 Udførelsessted
Land: Danmark
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Hvor som helst i det pågældende land
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Yderligere oplysninger: 
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5.1.6 Generelle oplysninger
Offentligt udbudsprojekt, der finansieres helt eller delvist med EU-midler
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Udbuddet er omfattet af aftalen om offentlige udbud (GPA): ja
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Yderligere oplysninger: The NECCS Fund is fully financed in 2025, and partially financed in 2026 by REPower\n EU. REPower EU is the European Commission's plan to make Europe independent from Russian\n fossil fuels well before 2023. Despite the procedure being indicated as “Negotiated\n without prior call for competition” it is noted that – as also described in this notice\n – the Contract(s) has been subject to a prior publication of call for competition\n in the Official Journal of the European Union. The date specified in “Date on which\n the winner was chosen” is equivalent to the date where the DEA informed the tenderers\n involved of the DEA’s decision regarding award of contract.
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5.1.12 Udbudsvilkår
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 http://www.retsinformation.dk/),\n the following deadlines apply to the lodging of complaints: This notice concerns the\n DEA’s changes and clarifications made to the tender documents in the open procedure,\n and the DEA’s transition from the open procedure to a negotiated procedure. The DEA\n will not enter into the Contracts before the expiry of 10 calendar days, calculated\n from the day after the date where this notice was published, see section 4(1), para\n 2, of the Act. When the DEA has entered into the Contracts, the DEA will publish a\n notice in the Official Journal of the European Union that the DEA has entered into\n contract. The deadlines for lodging a complaint with the Complaints Board for Public\n Procurement will be specified in that notice. The e-mail address of the Complaints\n Board for Public Procurement is set out in this notice. The Complaints Board’s complaints\n guidelines are available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/
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5.1.16 Yderligere oplysninger, mægling og gennemgang
Organisation med ansvar for klager: Klagenævnet for Udbud
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Organisation, der leverer supplerende oplysninger om udbudsproceduren: Energistyrelsen (Danish Energy Agency)
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Organisation, der sikrer adgang til udbudsdokumenterne offline: Energistyrelsen (Danish Energy Agency)
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Organisation, der leverer yderligere oplysninger om klageprocedurerne: Konkurrence- og Forbrugerstyrelsen
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TED eSender: Mercell Holding ASA
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6 Resultater
Direkte tildeling:
Begrundelse for direkte tildeling: Der er kun modtaget uregelmæssige eller uantagelige tilbud som svar på en foregående bekendtgørelse. Alle og kun de tilbud i den foregående procedure, som opfylder udvælgelseskriterierne, som ikke er omfattet af udelukkelsesgrundene og som opfylder de formelle krav, blev inkluderet i forhandlingerne
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Anden begrundelse: As stated in this notice and in the contract notice the Contract(s) has been subject\n to a prior publication of call for competition in the Official Journal of the European\n Union, where all economic operators were invited to submit an offer, i.e. an open\n procedure. This notice concerns both the changes and clarifications to the tender\n documents made in the open procedure, and the DEA’s transition from the open procedure\n to a negotiated procedure. Prior to the deadline for submission of offer in the open\n procedure the DEA made changes and clarifications to the tender documents as described\n in this notice. The DEA considers the changes and clarifications to be in accordance\n with the public procurement rules as the changes and clarifications are made within\n the confines of the tender material and do not include changes to Minimum Requirements\n or fundamental elements. The DEA considers the transition from the open procedure\n to a negotiated procedure to be in accordance with the public procurement rules as\n all received offers received in the open procedure were non-compliant. Furthermore,\n the DEA considers the carrying out of the negotiated procedure without publication\n of a new contract notice to be in accordance with the public procurement rules, as\n all tenderers – and only these tenderers – who submitted offers in the open procedure\n in accordance with the formal requirements of the procurement procedure and met the\n requirements of the Danish Public Procurement Act section 159(2), 2nd sentence, para\n 1-3, were invited to submit revised offers, see the Danish Public Procurement Act\n section 61(4). The negotiated procedure was conducted in writing (without conducting\n negotiation meetings), and with the purpose of the non-compliant offers being amended\n so that the offers became compliant. The DEA did not make any changes to Minimum Requirements\n or fundamental elements of the initial tender documents in connection with the transition\n to the negotiated procedure, nor any change to commercial terms of the contract. The\n DEA only made minor adjustments regarding the procedure as a consequence of the transition\n to a negotiated procedure and therefore made in accordance with principles of the\n public procurement rules.
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6.1 Resultat delkontrakt-ID: LOT-0000
6.1.2 Oplysninger om vinderne
Vinder:
Officielt navn: BioCirc CO2 ApS
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Tilbud:
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Tilbud – Identifikator: Offer from BioCirc CO2 ApS
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Identifikator for delkontrakt eller gruppe af delkontrakter: LOT-0000
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Underentrepriseværdien er kendt: nej
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Underentrepriseprocentdelen er kendt: nej
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Kontraktoplysninger:
Identifikator for kontrakten: Contract on subsidy for negative emissions carbon capture, transport and storage -\n BioCirc CO2 ApS
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Datoen for udvælgelsen af det vindende tilbud: 15-03-2024
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Kontrakten tildeles som led i en rammeaftale: nej
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Vinder:
Officielt navn: Bioman ApS
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Tilbud:
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Tilbud – Identifikator: Offer from Bioman ApS
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Identifikator for delkontrakt eller gruppe af delkontrakter: LOT-0000
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Underentrepriseværdien er kendt: nej
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Underentrepriseprocentdelen er kendt: nej
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Kontraktoplysninger:
Identifikator for kontrakten: Contract on subsidy for negative emissions carbon capture, transport and storage -\n Bioman ApS
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Datoen for udvælgelsen af det vindende tilbud: 15-03-2024
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Kontrakten tildeles som led i en rammeaftale: nej
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Vinder:
Officielt navn: Carbon Capture Scotland Limited
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Tilbud:
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Tilbud – Identifikator: Offer from Carbon Capture Scotland Limited
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Identifikator for delkontrakt eller gruppe af delkontrakter: LOT-0000
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Underentrepriseværdien er kendt: nej
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Underentrepriseprocentdelen er kendt: nej
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Kontraktoplysninger:
Identifikator for kontrakten: Contract on subsidy for negative emissions carbon capture, transport and storage -\n Carbon Capture Scotland Limited
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Datoen for udvælgelsen af det vindende tilbud: 15-03-2024
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Kontrakten tildeles som led i en rammeaftale: nej
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8 Organisationer
8.1 ORG-0001
Officielt navn: Energistyrelsen (Danish Energy Agency)
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Registreringsnummer: 59778714
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Postadresse: Carsten Niebuhrs Gade 43  
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By: Copenhagen
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Postnummer: 1577
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Landespecifik underafdeling (NUTS): Byen København (DK011)
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Land: Danmark
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Kontaktpunkt: Lise-Lotte Pade, Henrik Sulsbrück
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E-mail: llpe@ens.dk
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Telefon: +4533951275
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Internetadresse: https://ens.dk/ansvarsomraader/ccs-fangst-og-lagring-af-co2
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Denne organisations roller:
Køber
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Organisation, der leverer supplerende oplysninger om udbudsproceduren
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Organisation, der sikrer adgang til udbudsdokumenterne offline
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8.1 ORG-0002
Officielt navn: Klagenævnet for Udbud
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Registreringsnummer: 37795526
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Postadresse: Nævnenes Hus, Toldboden 2  
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By: Viborg
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Postnummer: 8800
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Land: Danmark
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E-mail: klfu@naevneneshus.dk
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Telefon: +45 72405600
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Internetadresse: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
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Denne organisations roller:
Organisation med ansvar for klager
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8.1 ORG-0003
Officielt navn: Konkurrence- og Forbrugerstyrelsen
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Registreringsnummer: 10294819
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Postadresse: Carl Jacobsens Vej 35  
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By: Valby
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Postnummer: 2500
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Land: Danmark
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E-mail: kfst@kfst.dk
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Telefon: +45 41715000
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Internetadresse: https://kfst.dk/
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Denne organisations roller:
Organisation, der leverer yderligere oplysninger om klageprocedurerne
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8.1 ORG-0004
Officielt navn: BioCirc CO2 ApS
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Registreringsnummer: 44479982
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Postadresse: Vasehøjvej 18 Vinkel  
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By: Højslev
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Postnummer: 7840
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Land: Danmark
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E-mail: biocirc@biocirc.com
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Telefon: +45 22662161
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Denne organisations roller:
Tilbudsgiver
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Vinder af disse delkontrakter: LOT-0000
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8.1 ORG-0005
Officielt navn: Bioman ApS
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Registreringsnummer: 36433779
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Postadresse: Kattegatkajen 11  
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By: Grenaa
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Postnummer: 8500
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Land: Danmark
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E-mail: hi@bigadan.dk
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Telefon: +4561621934
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Denne organisations roller:
Tilbudsgiver
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Vinder af disse delkontrakter: LOT-0000
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8.1 ORG-0006
Officielt navn: Carbon Capture Scotland Limited
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Registreringsnummer: SC450861
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Postadresse: Kings of Kinloch, Meigle  
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By: Blairgowrie
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Postnummer: PH12 8QX
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Land: Det Forenede Kongerige
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E-mail: rpfaeltzer@carboncapture.scot
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Telefon: 0044 7446 957 856
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Denne organisations roller:
Tilbudsgiver
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Vinder af disse delkontrakter: LOT-0000
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8.1 ORG-0007
Officielt navn: Mercell Holding ASA
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Registreringsnummer: 980921565
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Postadresse: Askekroken 11  
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By: Oslo
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Postnummer: 0277
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Landespecifik underafdeling (NUTS): Oslo (NO081)
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Land: Norge
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Kontaktpunkt: eSender
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E-mail: publication@mercell.com
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Telefon: +47 21018800
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Fax: +47 21018801
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Internetadresse: http://mercell.com/
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Denne organisations roller:
TED eSender
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11 Oplysninger om bekendtgørelsen
11.1 Oplysninger om bekendtgørelsen
Identifikator for bekendtgørelsen: bdf01862-c9a9-4787-8aca-34a6ff6f043f - 01
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Formulartype: Forudgående underretning om direkte tildeling
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Bekendtgørelsestype: Bekendtgørelse med henblik på frivillig forudgående gennemsigtighed
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Afsendelsesdato for bekendtgørelsen: 16-03-2024 07:15 +00:00
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Dato for afsendelse af bekendtgørelse (eSender): 16-03-2024 07:31 +00:00
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Sprog, som denne bekendtgørelse er officielt tilgængelig på: engelsk 
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11.2 Oplysninger om offentliggørelsen
Bekendtgørelsesnummer: 00164771-2024
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EUT-S-nummer: 56/2024
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Offentliggørelsesdato: 19-03-2024
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1 Buyer
1.1 Buyer
Official name: Energistyrelsen (Danish Energy Agency)
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Legal type of the buyer: Central government authority
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Activity of the contracting authority: Environmental protection
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2 Procedure
2.1 Procedure
Title: Tender for Contract on subsidy for negative emissions carbon capture, transport and\n storage
\n
Description: The Agreement on the Danish Financial Act for 2022 introduced a new market based subsidy\n fund (the “NECCS Fund”) to achieve negative CO2 emissions by permanently and geologically\n storing biogenic or atmospheric CO2 (NECCS). The total maximum available subsidy of\n the NECCS Fund is DKK 2,559,200,000 (2023-prices) excl. VAT. The fund is scheduled\n for disbursement between 2025-2032. The granting of subsidy under the NECCS Fund is\n encompassed by the European Commission’s Guidelines on State aid for climate, environmental\n protection and energy 2022. The designation of the Contract(s) as a service contract\n in the contract notice, section II.1.3), etc. does not change this. The competitive\n bidding process is conducted as an open procedure in accordance with the general principles\n of the Danish Public Procurement Act. With this notice, the DEA wishes to promote\n transparency regarding the changes and clarifications made to the tender documents\n in the open procedure and the DEA’s subsequent cancellation of the open procedure\n and transition to a negotiated procedure without publication of a new contract notice.\n On 24 August 2023 the DEA dispatched contract notice no. 2023/S 165-521925 (521925-2023),\n published 29 August 2023, concerning the NECCS subsidy scheme where the DEA wishes\n to enter into one or more contract(s) pursuant to which the recipient(s) of the subsidies\n (each recipient “the Operator”) shall ensure and be responsible for capturing, transportation\n and permanent, geological storage of biogenic or atmospheric CO2 (“the Contract”).\n The competitive bidding process is conducted as a procedure where all economic operators\n were invited to submit an offer, i.e. as an open procedure, and in accordance with\n the general principles of the Danish Public Procurement Act. Based on the communication\n with the European Commission regarding the aid scheme, questions from potential tenderers\n and the DEA’s decision, the DEA made changes to the tender documents in November 2023\n prior to the deadline for submission of offers, which initially was on 1 December\n 2023. The DEA published the revised tender documents to all potential tenderers on\n the site in the electronic tendering system on 10 November 2023 and furthermore made\n the revised tender documents available on the DEA’s website stated in the contract\n notice. At the same time the DEA dispatched a notice for change of the contract notice\n (no. 692458-2023), published 15 November 2023. The DEA decided to extend the deadline\n for sub-mission of offers from 1 December 2023 to 15 January 2024. The postponement\n was partly due to a necessary update of the tender material and partly due to the\n EU Commission's state aid approval for the NECCS fund unexpectedly had not yet been\n granted. The changes and clarifications include for example that the amount of 50,200,000\n originally allocated for 2024 was removed from the NECCS fund, inclusion of a subsidy\n reduction mechanism in Appendix 5, Subsidy and economy scheme, and clarifications\n in Appendix 3, Requirements specification, in cases where the performance of the contract\n is based on more than one carbon capture plant. After the deadline for submission\n of offers on 15 January 2024, the DEA assessed that all received offers received in\n the open procedure were non-compliant. This entailed that the DEA could not award\n and conclude Contract(s) based on the offers received in the open procedure. With\n the aim of ensuring the necessary basis for an early award of one or more Contract(s),\n the DEA cancelled the open procedure and proceeded to a negotiated procedure on 5\n February 2024 in accordance with the Danish Public Procurement Act section 61(1),\n para 2, as only non-compliant offers had been submitted, see the Danish Public Procurement\n Act section 61(2), para 1. Reference is made to the DEA’s notice no. 79591-2024 published\n 7 February 2024 regarding the cancellation of the open procedure and transition to\n the negotiated procedure. The DEA made minor adjustments to Appendix B, Template for\n offer submission letter, to reflect the negotiated procedure.
\n
Procedure identifier: 5f44d05f-e074-4cab-b347-14eba403239f
\n
Previous notice: 521925-2023
\n
Previous notice: 692458-2023
\n
Previous notice: 79591-2024
\n
Internal identifier: -
\n
Type of procedure: Negotiated without prior call for competition
\n
2.1.1 Purpose
Main nature of the contract: Services
\n
Main classification (cpv): 90700000 Environmental services
\n
Additional classification (cpv): 90720000 Environmental protection
\n
\n
2.1.2 Place of performance
Country: Denmark
\n
Anywhere in the given country
\n
\n
2.1.4 General information
Additional information: The NECCS Fund is fully financed in 2025, and partially financed in 2026 by REPower\n EU. REPower EU is the European Commission's plan to make Europe independent from Russian\n fossil fuels well before 2023. Despite the procedure being indicated as “Negotiated\n without prior call for competition” it is noted that – as also described in this notice\n – the Contract(s) has been subject to a prior publication of call for competition\n in the Official Journal of the European Union. The date specified in “Date on which\n the winner was chosen” is equivalent to the date where the DEA informed the tenderers\n involved of the DEA’s decision regarding award of contract.
\n
Legal basis:
\n
Directive 2014/24/EU
\n
\n
\n
\n
5 Lot
5.1 Lot technical ID: LOT-0000
Title: Tender for Contract on subsidy for negative emissions carbon capture, transport and\n storage
\n
Description: The Agreement on the Danish Financial Act for 2022 introduced a new market based subsidy\n fund (the “NECCS Fund”) to achieve negative CO2 emissions by permanently and geologically\n storing biogenic or atmospheric CO2 (NECCS). The total maximum available subsidy of\n the NECCS Fund is DKK 2,559,200,000 (2023-prices) excl. VAT. The fund is scheduled\n for disbursement between 2025-2032. The granting of subsidy under the NECCS Fund is\n encompassed by the European Commission’s Guidelines on State aid for climate, environmental\n protection and energy 2022. The designation of the Contract(s) as a service contract\n in the contract notice, section II.1.3), etc. does not change this. The competitive\n bidding process is conducted as an open procedure in accordance with the general principles\n of the Danish Public Procurement Act. With this notice, the DEA wishes to promote\n transparency regarding the changes and clarifications made to the tender documents\n in the open procedure and the DEA’s subsequent cancellation of the open procedure\n and transition to a negotiated procedure without publication of a new contract notice.\n On 24 August 2023 the DEA dispatched contract notice no. 2023/S 165-521925 (521925-2023),\n published 29 August 2023, concerning the NECCS subsidy scheme where the DEA wishes\n to enter into one or more contract(s) pursuant to which the recipient(s) of the subsidies\n (each recipient “the Operator”) shall ensure and be responsible for capturing, transportation\n and permanent, geological storage of biogenic or atmospheric CO2 (“the Contract”).\n The competitive bidding process is conducted as a procedure where all economic operators\n were invited to submit an offer, i.e. as an open procedure, and in accordance with\n the general principles of the Danish Public Procurement Act. Based on the communication\n with the European Commission regarding the aid scheme, questions from potential tenderers\n and the DEA’s decision, the DEA made changes to the tender documents in November 2023\n prior to the deadline for submission of offers, which initially was on 1 December\n 2023. The DEA published the revised tender documents to all potential tenderers on\n the site in the electronic tendering system on 10 November 2023 and furthermore made\n the revised tender documents available on the DEA’s website stated in the contract\n notice. At the same time the DEA dispatched a notice for change of the contract notice\n (no. 692458-2023), published 15 November 2023. The DEA decided to extend the deadline\n for sub-mission of offers from 1 December 2023 to 15 January 2024. The postponement\n was partly due to a necessary update of the tender material and partly due to the\n EU Commission's state aid approval for the NECCS fund unexpectedly had not yet been\n granted. The changes and clarifications include for example that the amount of 50,200,000\n originally allocated for 2024 was removed from the NECCS fund, inclusion of a subsidy\n reduction mechanism in Appendix 5, Subsidy and economy scheme, and clarifications\n in Appendix 3, Requirements specification, in cases where the performance of the contract\n is based on more than one carbon capture plant. After the deadline for submission\n of offers on 15 January 2024, the DEA assessed that all received offers received in\n the open procedure were non-compliant. This entailed that the DEA could not award\n and conclude Contract(s) based on the offers received in the open procedure. With\n the aim of ensuring the necessary basis for an early award of one or more Contract(s),\n the DEA cancelled the open procedure and proceeded to a negotiated procedure on 5\n February 2024 in accordance with the Danish Public Procurement Act section 61(1),\n para 2, as only non-compliant offers had been submitted, see the Danish Public Procurement\n Act section 61(2), para 1. Reference is made to the DEA’s notice no. 79591-2024 published\n 7 February 2024 regarding the cancellation of the open procedure and transition to\n the negotiated procedure. The DEA made minor adjustments to Appendix B, Template for\n offer submission letter, to reflect the negotiated procedure.
\n
Internal identifier: 1
\n
5.1.1 Purpose
Main nature of the contract: Services
\n
Main classification (cpv): 90700000 Environmental services
\n
Additional classification (cpv): 90720000 Environmental protection
\n
\n
5.1.2 Place of performance
Country: Denmark
\n
Anywhere in the given country
\n
Additional information: 
\n
\n
5.1.6 General information
Procurement Project fully or partially financed with EU Funds.
\n
The procurement is covered by the Government Procurement Agreement (GPA): yes
\n
Additional information: The NECCS Fund is fully financed in 2025, and partially financed in 2026 by REPower\n EU. REPower EU is the European Commission's plan to make Europe independent from Russian\n fossil fuels well before 2023. Despite the procedure being indicated as “Negotiated\n without prior call for competition” it is noted that – as also described in this notice\n – the Contract(s) has been subject to a prior publication of call for competition\n in the Official Journal of the European Union. The date specified in “Date on which\n the winner was chosen” is equivalent to the date where the DEA informed the tenderers\n involved of the DEA’s decision regarding award of contract.
\n
\n
5.1.12 Terms of procurement
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 http://www.retsinformation.dk/),\n the following deadlines apply to the lodging of complaints: This notice concerns the\n DEA’s changes and clarifications made to the tender documents in the open procedure,\n and the DEA’s transition from the open procedure to a negotiated procedure. The DEA\n will not enter into the Contracts before the expiry of 10 calendar days, calculated\n from the day after the date where this notice was published, see section 4(1), para\n 2, of the Act. When the DEA has entered into the Contracts, the DEA will publish a\n notice in the Official Journal of the European Union that the DEA has entered into\n contract. The deadlines for lodging a complaint with the Complaints Board for Public\n Procurement will be specified in that notice. The e-mail address of the Complaints\n Board for Public Procurement is set out in this notice. The Complaints Board’s complaints\n guidelines are available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/
\n
\n
5.1.16 Further information, mediation and review
Review organisation: Klagenævnet for Udbud
\n
Organisation providing additional information about the procurement procedure: Energistyrelsen (Danish Energy Agency)
\n
Organisation providing offline access to the procurement documents: Energistyrelsen (Danish Energy Agency)
\n
Organisation providing more information on the review procedures: Konkurrence- og Forbrugerstyrelsen
\n
TED eSender: Mercell Holding ASA
\n
\n
\n
\n
6 Results
Direct award:
Justification for direct award: Only irregular or unacceptable tenders were received in response to a previous notice. All and only those tenderers of the previous procedure which have satisfied the selection criteria, have not fulfilled the exclusion grounds and have satisfied formal requirements, were included in the negotiations
\n
Other justification: As stated in this notice and in the contract notice the Contract(s) has been subject\n to a prior publication of call for competition in the Official Journal of the European\n Union, where all economic operators were invited to submit an offer, i.e. an open\n procedure. This notice concerns both the changes and clarifications to the tender\n documents made in the open procedure, and the DEA’s transition from the open procedure\n to a negotiated procedure. Prior to the deadline for submission of offer in the open\n procedure the DEA made changes and clarifications to the tender documents as described\n in this notice. The DEA considers the changes and clarifications to be in accordance\n with the public procurement rules as the changes and clarifications are made within\n the confines of the tender material and do not include changes to Minimum Requirements\n or fundamental elements. The DEA considers the transition from the open procedure\n to a negotiated procedure to be in accordance with the public procurement rules as\n all received offers received in the open procedure were non-compliant. Furthermore,\n the DEA considers the carrying out of the negotiated procedure without publication\n of a new contract notice to be in accordance with the public procurement rules, as\n all tenderers – and only these tenderers – who submitted offers in the open procedure\n in accordance with the formal requirements of the procurement procedure and met the\n requirements of the Danish Public Procurement Act section 159(2), 2nd sentence, para\n 1-3, were invited to submit revised offers, see the Danish Public Procurement Act\n section 61(4). The negotiated procedure was conducted in writing (without conducting\n negotiation meetings), and with the purpose of the non-compliant offers being amended\n so that the offers became compliant. The DEA did not make any changes to Minimum Requirements\n or fundamental elements of the initial tender documents in connection with the transition\n to the negotiated procedure, nor any change to commercial terms of the contract. The\n DEA only made minor adjustments regarding the procedure as a consequence of the transition\n to a negotiated procedure and therefore made in accordance with principles of the\n public procurement rules.
\n
\n
6.1 Result lot ldentifier: LOT-0000
6.1.2 Information about winners
Winner:
Official name: BioCirc CO2 ApS
\n
Tender:
\n
Tender identifier: Offer from BioCirc CO2 ApS
\n
Identifier of lot or group of lots: LOT-0000
\n
Subcontracting value is known: no
\n
Subcontracting percentage is known: no
\n
Contract information:
Identifier of the contract: Contract on subsidy for negative emissions carbon capture, transport and storage -\n BioCirc CO2 ApS
\n
Date on which the winner was chosen: 15-03-2024
\n
The contract is awarded within a framework agreement: no
\n
\n
\n
Winner:
Official name: Bioman ApS
\n
Tender:
\n
Tender identifier: Offer from Bioman ApS
\n
Identifier of lot or group of lots: LOT-0000
\n
Subcontracting value is known: no
\n
Subcontracting percentage is known: no
\n
Contract information:
Identifier of the contract: Contract on subsidy for negative emissions carbon capture, transport and storage -\n Bioman ApS
\n
Date on which the winner was chosen: 15-03-2024
\n
The contract is awarded within a framework agreement: no
\n
\n
\n
Winner:
Official name: Carbon Capture Scotland Limited
\n
Tender:
\n
Tender identifier: Offer from Carbon Capture Scotland Limited
\n
Identifier of lot or group of lots: LOT-0000
\n
Subcontracting value is known: no
\n
Subcontracting percentage is known: no
\n
Contract information:
Identifier of the contract: Contract on subsidy for negative emissions carbon capture, transport and storage -\n Carbon Capture Scotland Limited
\n
Date on which the winner was chosen: 15-03-2024
\n
The contract is awarded within a framework agreement: no
\n
\n
\n
\n
\n
\n
8 Organisations
8.1 ORG-0001
Official name: Energistyrelsen (Danish Energy Agency)
\n
Registration number: 59778714
\n
Postal address: Carsten Niebuhrs Gade 43  
\n
Town: Copenhagen
\n
Postcode: 1577
\n
Country subdivision (NUTS): Byen København (DK011)
\n
Country: Denmark
\n
Contact point: Lise-Lotte Pade, Henrik Sulsbrück
\n
Email: llpe@ens.dk
\n
Telephone: +4533951275
\n
Internet address: https://ens.dk/ansvarsomraader/ccs-fangst-og-lagring-af-co2
\n
Roles of this organisation:
Buyer
\n
Organisation providing additional information about the procurement procedure
\n
Organisation providing offline access to the procurement documents
\n
\n
\n
8.1 ORG-0002
Official name: Klagenævnet for Udbud
\n
Registration number: 37795526
\n
Postal address: Nævnenes Hus, Toldboden 2  
\n
Town: Viborg
\n
Postcode: 8800
\n
Country: Denmark
\n
Email: klfu@naevneneshus.dk
\n
Telephone: +45 72405600
\n
Internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/
\n
Roles of this organisation:
Review organisation
\n
\n
\n
8.1 ORG-0003
Official name: Konkurrence- og Forbrugerstyrelsen
\n
Registration number: 10294819
\n
Postal address: Carl Jacobsens Vej 35  
\n
Town: Valby
\n
Postcode: 2500
\n
Country: Denmark
\n
Email: kfst@kfst.dk
\n
Telephone: +45 41715000
\n
Internet address: https://kfst.dk/
\n
Roles of this organisation:
Organisation providing more information on the review procedures
\n
\n
\n
8.1 ORG-0004
Official name: BioCirc CO2 ApS
\n
Registration number: 44479982
\n
Postal address: Vasehøjvej 18 Vinkel  
\n
Town: Højslev
\n
Postcode: 7840
\n
Country: Denmark
\n
Email: biocirc@biocirc.com
\n
Telephone: +45 22662161
\n
Roles of this organisation:
Tenderer
\n
Winner of these lots: LOT-0000
\n
\n
\n
8.1 ORG-0005
Official name: Bioman ApS
\n
Registration number: 36433779
\n
Postal address: Kattegatkajen 11  
\n
Town: Grenaa
\n
Postcode: 8500
\n
Country: Denmark
\n
Email: hi@bigadan.dk
\n
Telephone: +4561621934
\n
Roles of this organisation:
Tenderer
\n
Winner of these lots: LOT-0000
\n
\n
\n
8.1 ORG-0006
Official name: Carbon Capture Scotland Limited
\n
Registration number: SC450861
\n
Postal address: Kings of Kinloch, Meigle  
\n
Town: Blairgowrie
\n
Postcode: PH12 8QX
\n
Country: United Kingdom
\n
Email: rpfaeltzer@carboncapture.scot
\n
Telephone: 0044 7446 957 856
\n
Roles of this organisation:
Tenderer
\n
Winner of these lots: LOT-0000
\n
\n
\n
8.1 ORG-0007
Official name: Mercell Holding ASA
\n
Registration number: 980921565
\n
Postal address: Askekroken 11  
\n
Town: Oslo
\n
Postcode: 0277
\n
Country subdivision (NUTS): Oslo (NO081)
\n
Country: Norway
\n
Contact point: eSender
\n
Email: publication@mercell.com
\n
Telephone: +47 21018800
\n
Fax: +47 21018801
\n
Internet address: http://mercell.com/
\n
Roles of this organisation:
TED eSender
\n
\n
\n
\n
11 Notice information
11.1 Notice information
Notice identifier/version: bdf01862-c9a9-4787-8aca-34a6ff6f043f - 01
\n
Form type: Direct award preannouncement
\n
Notice type: Voluntary ex-ante transparency notice
\n
Notice dispatch date: 16-03-2024 07:15 +00:00
\n
Notice dispatch date (eSender): 16-03-2024 07:31 +00:00
\n
Languages in which this notice is officially available: English 
\n
\n
11.2 Publication information
Notice publication number: 00164771-2024
\n
OJ S issue number: 56/2024
\n
Publication date: 19-03-2024
\n
\n
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With this notice, the DEA wishes to promote transparency regarding the changes and clarifications made to the tender documents in the open procedure and the DEA’s subsequent cancellation of the open procedure and transition to a negotiated procedure without publication of a new contract notice.\n\nOn 24 August 2023 the DEA dispatched contract notice no. 2023/S 165-521925 (521925-2023), published 29 August 2023, concerning the NECCS subsidy scheme where the DEA wishes to enter into one or more contract(s) pursuant to which the recipient(s) of the subsidies (each recipient “the Operator”) shall ensure and be responsible for capturing, transportation and permanent, geological storage of biogenic or atmospheric CO2 (“the Contract”). The competitive bidding process is conducted as a procedure where all economic operators were invited to submit an offer, i.e. as an open procedure, and in accordance with the general principles of the Danish Public Procurement Act. Based on the communication with the European Commission regarding the aid scheme, questions from potential tenderers and the DEA’s decision, the DEA made changes to the tender documents in November 2023 prior to the deadline for submission of offers, which initially was on 1 December 2023. The DEA published the revised tender documents to all potential tenderers on the site in the electronic tendering system on 10 November 2023 and furthermore made the revised tender documents available on the DEA’s website stated in the contract notice. At the same time the DEA dispatched a notice for change of the contract notice (no. 692458-2023), published 15 November 2023. The DEA decided to extend the deadline for sub-mission of offers from 1 December 2023 to 15 January 2024. The postponement was partly due to a necessary update of the tender material and partly due to the EU Commission's state aid approval for the NECCS fund unexpectedly had not yet been granted. The changes and clarifications include for example that the amount of 50,200,000 originally allocated for 2024 was removed from the NECCS fund, inclusion of a subsidy reduction mechanism in Appendix 5, Subsidy and economy scheme, and clarifications in Appendix 3, Requirements specification, in cases where the performance of the contract is based on more than one carbon capture plant. \nAfter the deadline for submission of offers on 15 January 2024, the DEA assessed that all received offers received in the open procedure were non-compliant. This entailed that the DEA could not award and conclude Contract(s) based on the offers received in the open procedure. With the aim of ensuring the necessary basis for an early award of one or more Contract(s), the DEA cancelled the open procedure and proceeded to a negotiated procedure on 5 February 2024 in accordance with the Danish Public Procurement Act section 61(1), para 2, as only non-compliant offers had been submitted, see the Danish Public Procurement Act section 61(2), para 1. Reference is made to the DEA’s notice no. 79591-2024 published 7 February 2024 regarding the cancellation of the open procedure and transition to the negotiated procedure. The DEA made minor adjustments to Appendix B, Template for offer submission letter, to reflect the negotiated procedure. ","bkSubTypeKode":"25","bkSubType":"Bekendtgørelse med henblik på frivillig forudgående gennemsigtighed – det generelle direktiv","erAendring":false},"indholdsType":"HENTET_FRA_TED","sekundaereOrdregivere":[],"udforelsesstedNutsCode":[],"udforelsesstedSubLand":[],"udforelsesstedLand":["Danmark"],"udforelsesstedBy":[],"tilbudsfrister":[],"intressentfrister":[],"deltagelsefrister":[],"antalParts":0,"antalLots":1,"udbudsDokumenter":[]},"opsummeringEN":{"card":{"titel":"Tender for Contract on subsidy for negative emissions carbon capture, transport and storage","ordregiver":"Energistyrelsen (Danish Energy Agency)","ordregiverId":"59778714","ordregiverIdDatavasket":"59778714","publiceringsdato":"2024-03-19Z","cpvKode":"90700000","cpvTitel":"Environmental services","formulartype":"Direct award preannouncement","formulartypeKode":"dir-awa-pre","tidsfrister":[],"alleOrdregivere":["Energistyrelsen (Danish Energy Agency)"],"beskrivelse":"The Agreement on the Danish Financial Act for 2022 introduced a new market based subsidy fund (the “NECCS Fund”) to achieve negative CO2 emissions by permanently and geologically storing biogenic or atmospheric CO2 (NECCS). The total maximum available subsidy of the NECCS Fund is DKK 2,559,200,000 (2023-prices) excl. VAT. The fund is scheduled for disbursement between 2025-2032. The granting of subsidy under the NECCS Fund is encompassed by the European Commission’s Guidelines on State aid for climate, environmental protection and energy 2022. The designation of the Contract(s) as a service contract in the contract notice, section II.1.3), etc. does not change this. The competitive bidding process is conducted as an open procedure in accordance with the general principles of the Danish Public Procurement Act. With this notice, the DEA wishes to promote transparency regarding the changes and clarifications made to the tender documents in the open procedure and the DEA’s subsequent cancellation of the open procedure and transition to a negotiated procedure without publication of a new contract notice.\n\nOn 24 August 2023 the DEA dispatched contract notice no. 2023/S 165-521925 (521925-2023), published 29 August 2023, concerning the NECCS subsidy scheme where the DEA wishes to enter into one or more contract(s) pursuant to which the recipient(s) of the subsidies (each recipient “the Operator”) shall ensure and be responsible for capturing, transportation and permanent, geological storage of biogenic or atmospheric CO2 (“the Contract”). The competitive bidding process is conducted as a procedure where all economic operators were invited to submit an offer, i.e. as an open procedure, and in accordance with the general principles of the Danish Public Procurement Act. Based on the communication with the European Commission regarding the aid scheme, questions from potential tenderers and the DEA’s decision, the DEA made changes to the tender documents in November 2023 prior to the deadline for submission of offers, which initially was on 1 December 2023. The DEA published the revised tender documents to all potential tenderers on the site in the electronic tendering system on 10 November 2023 and furthermore made the revised tender documents available on the DEA’s website stated in the contract notice. At the same time the DEA dispatched a notice for change of the contract notice (no. 692458-2023), published 15 November 2023. The DEA decided to extend the deadline for sub-mission of offers from 1 December 2023 to 15 January 2024. The postponement was partly due to a necessary update of the tender material and partly due to the EU Commission's state aid approval for the NECCS fund unexpectedly had not yet been granted. The changes and clarifications include for example that the amount of 50,200,000 originally allocated for 2024 was removed from the NECCS fund, inclusion of a subsidy reduction mechanism in Appendix 5, Subsidy and economy scheme, and clarifications in Appendix 3, Requirements specification, in cases where the performance of the contract is based on more than one carbon capture plant. \nAfter the deadline for submission of offers on 15 January 2024, the DEA assessed that all received offers received in the open procedure were non-compliant. This entailed that the DEA could not award and conclude Contract(s) based on the offers received in the open procedure. With the aim of ensuring the necessary basis for an early award of one or more Contract(s), the DEA cancelled the open procedure and proceeded to a negotiated procedure on 5 February 2024 in accordance with the Danish Public Procurement Act section 61(1), para 2, as only non-compliant offers had been submitted, see the Danish Public Procurement Act section 61(2), para 1. Reference is made to the DEA’s notice no. 79591-2024 published 7 February 2024 regarding the cancellation of the open procedure and transition to the negotiated procedure. The DEA made minor adjustments to Appendix B, Template for offer submission letter, to reflect the negotiated procedure. 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