Marine pollution control in Danish waters
The Contracting Authority hereby calls for tenders for the contract regarding ship-based marine pollution control in Danish waters.
— The background of the call for tenders is the ‘Danish Defence Agreement 2013-2017’ of 30.11.2012. At present, the task is performed by four Defence vessels (Gunnar Thorson, Gunnar Seidenfaden, Mette Miljø and Marie Miljø) dedicated to combating pollution. These vessels are nearing the end of their useful lives and will be phased out when a solution for the future handling of the task has been implemented.
— The overall purpose of the pollution control task is to control and combat pollution by oil and other harmful substances in Danish waters with a view to safeguarding the flora and fauna of the marine environment and to reduce the harmful and consequential effects of pollution to coasts and beaches.
— The Supplier must establish and maintain for the term of the contract an emergency preparedness which can be deployed everywhere within the Danish exclusive economic zone (EEZ) and in Danish territorial waters until the 3-meter curve for the purposes of carrying out mechanical pollution control.
— It is the Contracting Authority's intention that the Supplier's preparedness is to constitute an essential part of the leading emergency preparedness, which ensures the Danish State's compliance with applicable laws, regulations and accords regarding marine pollution control. The combined Danish State emergency preparedness for marine pollution control will, in addition to the Supplier's preparedness, consist of several of the units of the Danish Navy and the Naval Home Guard. The Contracting Authority will reserve its full right to prioritise and coordinate which units of the emergency preparedness to deploy in each pollution incident.
— Denmark has entered into a number of international marine environment agreements regarding mutual support in the event of pollution incidents, among them the ‘HELCOM Agreement’, the ‘SWEDENGER Agreement’, the ‘DENGERNETH Agreement’, ‘Agreement between Denmark, including Greenland and the Faroe Islands, Finland, Iceland, Norway and Sweden on cooperation regarding control of pollution of seas by oil and other harmful substances (the Copenhagen Agreement)” and the “BONN Agreement”. The Supplier's emergency preparedness must upon request be deployable in international pollution control operations and must be able to assist other nations in pollution control operations in the territories of these nations. Participation in international operations, including in Greenland and the Faroe Islands, is not to constitute a size factor, however, in the Supplier's emergency preparedness.
— The Supplier's emergency preparedness is only to undertake the practical pollution control task. Joint Defence Command Denmark (Værnfælles Forsvarskommando) will be On Scene Commander. Hence, the Supplier's units must be able to cooperate with and take on board the On Scene Commander and the Mobile Environmental Emergency team (normally three persons). All exercise of authority, which may be required in connection with a task, will be coordinated and undertaken by the Joint Defence Command Denmark or other relevant authorities.
— The Contracting Authority expects to carry out the tender procedure on the basis of performance requirements listing the overall framework and guidelines for the solution of the task. The Supplier will thus be required to draw up a suggested solution which partly considers the emergency preparedness task best possible, partly takes into account an overall economic consideration, including exploitation of the Supplier's possible synergies in relation to the Supplier's other commercial activities. The Supplier must at all times and at short notice, however, be able to release the necessary capacity from the Supplier's other tasks, if any, in order to solve the emergency preparedness task.
— The Contracting Authority will lay down requirements for the response times which the Supplier's emergency preparedness must be able to observe, but in general the Contracting Authority will leave it to the Supplier to estimate the number of units needed to comply with response times and other performance requirements. However, the Supplier must expect the Contracting Authority to lay down requirements for the classification of the units used, e.g. requirements for OIL RECOVERY notation (OILREC notation), CHEMICAL RECOVERY notation (CHEM notation), ice class notation and area served as well personnel and certain language requirements for crew members that hold specific commanding functions.
— The functions of the future emergency preparedness can be divided into 2 tasks.
— Task A, ‘Conventional preparedness’ which will lay down requirements for 1) performance of the task with at least one OILREC/CHEM unit enabling combating of pollution by oil and other harmful substances, 2) that the Contracting Authority upon deployment expects to take over the ownership of the OILREC/CHEM unit; however the unit will remain at the Supplier's disposal for operation and maintenance of the unit, and 3) that, in general, the emergency preparedness must not be used for other activities than the tasks following from the agreement with the Contracting Authority. The Contracting Authority reserves the right to use the OILREC/CHEM unit for other activities, provided that these activities are fully compatible with the Supplier's other obligations.
— In task B, ‘Other emergency preparedness’, the preconditions for solution of the task will include (the list is not exhaustive), 1) requirements for the units to have at least OILREC notation, 2) that the units, when not actively performing tasks for the Contracting Authority, may be used for other commercial activities, if any.
— 2 lots are put out to tender, see Annex B, whereupon the Contracting Authority will decide on the award of either lot 1 or lot 2 pursuant to the principles of concurrent tender procedures.
— In lot 1, the Supplier is to undertake the performance of both task A, conventional preparedness, and task B, other preparedness.
— In lot 2, the Supplier is only to undertake the performance of task B, other preparedness, as the Contracting Authority itself will undertake the performance of task A if it chooses lot 2.
— Hence, it will not be possible to submit a tender for task A alone.
— The Supplier may choose to submit tenders for 1 or both lots.
— Depending on the Supplier's existing fleet of vessels, if any, a substantial capital requirement for building and/or reconstruction of vessels may be involved. The Contracting Authority furthermore contemplates laying down requirements for the Supplier's financial ability to tolerate, inter alia, possible reductions in the current payment due to defective performance of the contract. The requirement and possible method in this respect will be a part of the competitive dialogue. The Supplier may therefore be faced with a significant challenge of providing the necessary financial latitude for performing the contract.
— It is of decisive importance to the Contracting Authority that an emergency preparedness is continuously available for activation in case of pollution incidents. In order to safeguard the emergency preparedness against the Supplier's possible bankruptcy, the Contracting Authority is at present considering the contract and corporate structure. The following requirements are therefore expected to be made:
1) that the agreement is entered into with a special company (a so-called special purpose vehicle (SPV)), the only objective of which is to carry out the task for the Contracting Authority.
2) that a subsidiary of the SPV set out in item 1 above is established as a separate crew SPV in which the crew members for (primarily) task A are employed,
3) that the units in task B (and the associated basic crew) must not be owned, directly or indirectly, by the operating SPV set out in item 1 above,
4) that a three-party agreement will be entered into between the Contracting Authority, the Supplier and the owners of the units required for task B, which, inter alia, will include a possibility for the Contracting Authority to succeed to the Supplier's rights towards the vessel owners if the Supplier should run into financial difficulties, and that the Contracting Authority will have a registered and preferential right (before other pledges) to have the unit at its disposal for a limited period of time for the solution of the task in the event of the vessel owners' bankruptcy against a financial compensation to the bankruptcy estate of the vessel owners.
— The requirements for the contract and corporate structure will be specified in the tender material and are expected to be included as a subject in the competitive dialogue. The overriding consideration is to find a model in which the Contracting Authority has faith concerning the security of supply henceforth. Accordingly, the Contracting Authority reserves the right to adjust the above.
— The task must be in operation no later than 31.12.2020. As regards section II.3) it should be noted that the duration of the contract is not finally fixed to be 180 months, but the Contracting Authority expects a contract duration of 10-25 years. The duration of the contract will be included as a subject in the competitive dialogue and will be finally fixed while taking into account the overall economic consideration, including the solution methods and amortisation profiles of the assets required. The tenderers are expected to be able to offer a date of operation sooner than 31.12.2020 and this period of time will be added to the final contract duration. For a sooner date of operation, the Supplier will thus be able to achieve an overall longer operating period.
— In the light of the long contract period, external factors are expected to entail a need of adjustment of the Supplier's services. This may be new international obligations or reorganisation of the core business of the Danish Defence. The contract will therefore include a change mechanism which takes into account such potential significant changes, including a distribution of the financial responsibility in this respect.
— After conclusion of the contract, the rights and obligations of the Danish Defence under the contract will be transferred to the Joint Defence Command Denmark which is the authority responsible for the task of marine pollution control.
— It should be noted that Forsvarsministeriets Strategiske Udbudskontor (in translation: the Strategic Tendering Department of the Danish Ministry of Defence) (formerly the Strategic Tendering Section of the Danish Defence Command) in August/September 2014 conducted a technical dialogue with market operators regarding the competitive procurement of the task of marine pollution control. It should furthermore be noted that participation in the technical dialogue is of no importance to the possibilities of pre-qualification. Material about the technical dialogue is available at
www.forsvaret.dk by following the link ‘Udbud’ (‘Tenders’) under the subject field ‘Genveje’ (‘Shortcuts’). The dialogue material should only be seen as guiding background information and is not necessarily an expression of the requirements which the Contracting Authority will lay down in the tender material.
Deadline
Fristen for modtagelse af bud var på 2015-01-30.
Indkøbet blev offentliggjort på 2014-12-05.
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Indkøbshistorik
| Dato |
Dokument |
| 2014-12-05
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Udbudsbekendtgørelse
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| 2014-12-10
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Supplerende oplysninger
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| 2015-01-06
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Supplerende oplysninger
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| 2015-01-16
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Supplerende oplysninger
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| 2015-01-27
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Supplerende oplysninger
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| 2016-11-09
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Supplerende oplysninger
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