2 Procedure

2.1 Procedure

Titel: Expansion North - Hirtshals

Beskrivelse: Port of Hirtshals is a public limited port company subject to regulation in the Danish\n law for harbours called \"havneloven\". Port of Hirtshals currently comprises the following\n facilities: - West harbour at Hirtshals with small ship yard, fishing boats and the\n fish auction terminal - East harbour at Hirtshals with 3 big ferry terminals, big\n fishing boats with related cold storage facilities and a bigger ship yard. Port of\n Hirtshals has a total area of approximately 1.1 million square metres and is already\n among the 10 largest ports in Denmark in terms of turnover. As a result of the growing\n transit from and to Norway and the Atlantic area, Port of Hirtshals sees a demand\n and a need to accommodate bigger vessels calling the harbour and being a harbour towards\n the North Sea which is challenging in all-weather situations all year around. The\n ambition is to map Port of Hirtshals as a key port in the northern part of Denmark\n both towards Norway and the Atlantic but also as a suited transit port going in and\n out of the Baltic Sea. With the improved entrance enabling larger vessels to call\n the port, it should be a commercial decision to use the port and not a maritime decision,\n meaning that vessels can enter safely in all-weather all year round. Furthermore,\n the port will develop new logistic areas with long berths with possible Ro-Ro facilities.\n The port is part of the business Greenport Scandinavia establishing a hub for CO2\n storage with storage facilities on land both coming in from emitters around the Baltic\n Sea but also going out into the end storage below the North Sea. In order to meet\n the need for quay areas and hinterlands as well as to meet existing customers’ needs,\n Port of Hirtshals wants to carry out a major port expansion to the North. Port of\n Hirtshals has decided that the overall purpose of the port expansion is: - To improve\n maritime access - To establish approx. 1,000 m of new efficient quay excl. quay needed\n to establish the RoRo berths - To establish 1 new quay for RoRo berthing but prepared\n for a second RoRo berth - To establish new hinterlands for port-related businesses.\n Port of Hirtshals has prepared a preliminary project that fulfils the overall wishes\n that Port of Hirtshals has for the port expansion. Reference is made to the project\n descriptions (PD1-PD6). The tenderer may use this preliminary project as inspiration\n for the tenderers tender. If the tenderer has suggestions for improvements or needs\n to minimize construction costs, Port of Hirtshals is not dismissive in relation to\n this. It is a requirement that delivery in accordance with the turnkey contract and\n ABT18 can take place no later than December 2027. All communication during the tender\n process must be in Danish or English. The tender is conducted electronically using\n the electronic tendering platform www.udbuddet.dk. The applicant/tenderer must therefore\n be registered as a licence holder at www.udbuddet.dk in order to participate in the\n tender. Registration as a licence holder is free of charge. Questions regarding www.udbuddet.dk,\n including matters relating to registration as a licence holder, must be submitted\n directly to www.udbuddet.dk via the support function. www.udbuddet.dk's support can\n be reached by telephone on +45 7022 7007. The tender material will only be available\n at www.udbuddet.dk. All inquiries regarding this tender must be submitted in writing\n via www.udbuddet.dk.

Identifikator for proceduren: b0b28c0c-9d05-4142-af51-12da8e481289

Tidligere bekendtgørelse: 622d62b6-4238-4bb2-ba34-4c5d71907a08-01

Intern identifikator: Tender for a contract for the design and construction work concerning the expansion\n North Hirtshals

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

Proceduren er en hasteprocedure: nej

Hovedpunkterne i proceduren: The tender is conducted as a negotiated procedure in accordance with Directive 2014/25/EU\n of the European Parliament and of the Council of 26 February 2014 on procurement procedures\n for water, energy, transport and postal services and subsequent amendments (the Utilities\n Directive) as implemented by Executive Order no. 1624 of 15 December 2015 on procurement\n procedures for water, energy, transport and postal services (the \"Implementation Order\").\n The tender process means that the process is divided into two phases: a prequalification\n phase (phase 1) and a bidding phase (phase 2). The tender process will therefore mainly\n include the following activities: 1. Companies can apply for prequalification based\n on the contract notice. 2. Based on the prequalification applications received, 3-4\n companies are prequalified to submit initial offers. 3. The prequalified companies\n submit initial offers. 4. After the tender deadline, and based on the initial offers,\n Port of Hirtshals will make an award decision or, alternatively, Port of Hirtshals\n will decide to enter into negotiations. 5. If Port of Hirtshals initiates negotiations,\n Port of Hirtshals negotiates with the tenderers on the basis of their initial offer.\n 6. After the negotiation process is completed, the tenderers submit a final offer,\n after which Port of Hirtshals awards the turnkey contract to the tenderer who has\n submitted the offer that reflects the best price-quality ratio. A prerequisite for\n being able to submit an offer - and thus participate in phase 2 of the tender procedure\n (points 3-6 above) - is that the company has applied to be prequalified and that Port\n of Hirtshals has assessed that the company is eligible. Only the 3-4 most eligible\n applicants will be invited to submit an offer. Deadline for application for prequalification\n is 9 February 2024 at 12:00. Expected notification of selection of applicants is 23\n February 2024. Deadline for submission of initial tenders is 30 April 2024 at 12:00.\n If Port of Hirtshals decides to conduct negotiations mettings, they will expected\n to be held on 29 May 2024 – 31 May 2024. Expected deadline for submission of final\n tenders is 6 September 2024. Expected notification of award decision is 7 October\n 2024. Note: Port of Hirtshals reserves the right to award the turnkey contract on\n the basis of the initial offers.

2.1.1 Formål

Kontraktens art: Bygge og anlæg

Primær klassificering (cpv): 45241000 Arbejder i forbindelse med anlæg af havn

Yderligere klassificering (cpv): 45112600 Udgravning og opfyldning

Yderligere klassificering (cpv): 45221111 Anlægsarbejde: veje

Yderligere klassificering (cpv): 45241100 Anlægsarbejde: kajer

Yderligere klassificering (cpv): 45243200 Anlægsarbejde: bølgebrydere

Yderligere klassificering (cpv): 45243600 Anlægsarbejde: kajmure

Yderligere klassificering (cpv): 71322000 Fagmæssig projektering af ingeniørarbejder

Yderligere klassificering (cpv): 71323200 Projektering af anlæg

Yderligere klassificering (cpv): 71332000 Geoteknisk ingeniørvirksomhed

2.1.2 Udførelsessted

Postadresse: Norgeskaj 11

By: Hirtshals

Postnummer: 9850

Landespecifik underafdeling (NUTS): Nordjylland (DK050)

Land: Danmark

Yderligere oplysninger: The work must be carried out at the Port of Hirtshals.

2.1.3 Værdi

Anslået værdi eksklusiv moms: 145.000.000 Euro

2.1.4 Generelle oplysninger

Indkaldelse af tilbud er afsluttet

Yderligere oplysninger: Port of Hirtshals has decided to cancel the ongoing tender for a turnkey contract\n regarding the expansion of the Port of Hirtshals. The reason is that, based on the\n initial offers received and the two negotiation meetings that have been held with\n each tenderer, the Port of Hirtshals has been able to establish that it is not possible\n to receive final offers that meet the minimum requirements in the tender documents\n and that are also within the published financial framework without making fundamental\n clarifications and adjustments to the tender documents. These are clarifications and\n adjustments which mean that the tender documents cannot form the basis for a legal\n award decision if the clarifications and adjustments are made during the ongoing procurement\n process. Applicants must declare that they do not find themselves subject to any of\n the below mentioned grounds for exclusion. Such declaration is made by completing\n part III, Clauses A, B and C, of the ESPD. Applicants who are in a mandatory ground\n for exclusion, cf. sections 135-136 of the Danish Public Procurement Act, cf. section\n 10(1)(1)of the Implementation Order, will be excluded from participation and will\n not be considered for the turnkey contract unless the applicant presents documentation\n to be reliable, cf. section 138 of the Danish Public Procurement Act, cf. section\n 10(1)(2) of the Implementation Order. For the sake of good order, it should be noted\n in this context that pursuant to section 134a of the Danish Public Procurement Act,\n Port of Hirtshals must exclude an applicant from participation in the tender procedure\n if the applicant is established in a country that is included in the EU list of non-cooperative\n tax jurisdictions and has not acceded to the WTO Government Procurement Agreement\n or other trade agreements that oblige Denmark to open the market for public contracts\n to tenderers established in the country in question. Port of Hirtshals will verify\n the absence of the grounds for exclusion prior to the award decision. Similarly, applicants\n who are in one of the voluntary grounds for exclusion mentioned in section 137(1)(1)-(6)\n of the Danish Public Procurement Act, cf. section 10(1)(1) of the Implementation Order,\n will be excluded from participation and will not be considered for the turnkey contract\n unless the applicant presents documentation of reliability, cf. section 138 of the\n Danish Public Procurement Act, cf. section 10(1)(2) of the Implementation Order. Documentation:\n Upon request, i.e. not as part of the application, applicants must submit a service\n certificate (Danish companies) or equivalent documentation (foreign companies (eCertis\n (europa.eu))) as proof that the applicant is not in one of the above-mentioned grounds\n for exclusion. Port of Hirtshals will accept service certificates issued after 1 January\n 2024. The service certificate will be required of the companies that are prequalified,\n cf. section 151(2) of the Danish Public Procurement Act, cf. section 11 of the Implementation\n Order. In accordance with section 7(2) of Consolidated Act No. 593 of June 2, 2016,\n on the Complaints Board for Public Procurement (hereinafter referred to as the \"Act\n on the Complaints Board for Public Procurement\"), the following deadlines apply for\n submitting a complaint: Complaints about tenders or decisions covered by Sections\n II or III of the Public Procurement Act or the Utilities Directive, which are not\n covered by paragraph 1, must be submitted to the Complaints Board for Public Procurement\n within: - 20 calendar days from the day after the dispatch of a notification to the\n affected applicants regarding the selected party, cf. Section 171(2 )of the Public\n Procurement Act, when the notification is accompanied by a justification for the decision;\n - 45 calendar days after the contracting authority has published a notice in the Official\n Journal of the European Union that the contracting authority has entered into a contract.\n The deadline is calculated from the day after the publication of the notice; - 30\n calendar days from the day after the contracting authority has notified the affected\n bidders that a contract based on a framework agreement with a reopening of competition\n or a dynamic purchasing system has been entered into, if the notification has provided\n a justification for the decision; - 6 months after the contracting authority has entered\n into a framework agreement, calculated from the day after the contracting authority\n has notified the affected applicants and bidders, cf. Section 2, paragraph 2, or Section\n 171, paragraph 4 of the Public Procurement Act; - 20 calendar days from the day after\n the contracting authority has announced its decision, cf. Section 185, paragraph 2,\n 2nd sentence of the Public Procurement Act. A complaint that the contracting authority,\n in violation of the Public Procurement Act or the Utilities Directive, has entered\n into a contract without prior publication of a contract notice in the Official Journal\n of the European Union must be submitted to the Complaints Board for Public Procurement\n within 30 calendar days from the day after the contracting authority, in accordance\n with Section 4 of the Act on the Complaints Board for Public Procurement, has published\n a notice in the Official Journal of the European Union that the contracting authority\n has entered into a contract, provided that the notice contains the justification for\n the contracting authority's decision to award the contract without prior publication\n of a contract notice in the Official Journal of the European Union. In accordance\n with Section 6, paragraph 4 of the Act on the Complaints Board for Public Procurement,\n the complainant must, no later than simultaneously with the submission of a complaint\n to the Complaints Board for Public Procurement, inform the contracting authority in\n writing that a complaint has been submitted to the Complaints Board for Public Procurement\n and whether the complaint has been submitted during the standstill period, cf. Section\n 3, paragraph 1 of the Act. In cases where the complaint has not been submitted during\n the standstill period, the complainant must also indicate whether a suspensory effect\n of the complaint is requested, cf. Section 12, paragraph 1 of the Act. The Complaints\n Board for Public Procurement's own complaint guide can be found at www.naevneneshus.dk.\n Following the notification, a standstill period of 10 calendar days will be held in\n accordance to paragraph 3 of Act No. 593 of 2 June 2016 on the Danish Act on the Complaints\n Board for public Procurement. This implies that the customer cannot sign the contract\n with the winning tenderer before the standstill period has expired. A fee of DKK 350,000\n excluding VAT will be paid to the 3-4 applicants who are prequalified and who submit\n an initial offer, provided that the initial offer is compliant. If Port of Hirtshals\n chooses to conduct negotiations with the tenderers, an additional payment of DKK 150,000\n excl. VAT will be paid to the tenderers who submit a final offer, provided that the\n final offer is compliant. The winning tenderer is not entitled to receive remuneration\n for its participation in the tender process. On this basis, the remuneration is only\n paid at the time when the tender process is finalized, i.e. at the time of publication\n of the announcement of the turnkey contract.

Retsgrundlag:

Direktiv 2014/25/EU

5 Delkontrakt

5.1 Teknisk ID for partiet: LOT-0000

Titel: Expansion North - Hirtshals

Intern identifikator: Tender for a contract for the design and construction work concerning the expansion\n North Hirtshals

5.1.1 Formål