HOFOR CC Tender

Hofor Forsyning Holding P/S

HOFOR Forsyning Holding P/S (“HOFOR”) hereby invites interested parties to submit a tender for the award of a concession contract re. the 1) right to establish a carbon capture facility (“Facility”) and subsequently extract and utilize CO2 from the flue gas of Amagerværket blok 4 (AMV4) and 2) the establishment of a co-ownership of a Joint Company between HOFOR and a private party (“Concessionaire Company”). The Concessionaire Company will be entitled to optimise the sale and use of the carbon to the joint benefit of the parties. The purpose of the Facility is to capture CO2 emissions from the flue gas generated by AMV4, when producing heat and power by burning biomass (wood chips). The right to establish the Facility and subsequently extract and utilize CO2 from AMV4’s flue gas collectively comprises the concession subject. Placement of the Facility may be at a location identified by HOFOR and made available to the Concessionaire Company or another place chosen by the Concessionaire Company. The Joint Company shall establish the Facility either through project financing and/or financing provided by the owners directly or indirectly, leasing if the financing of the project is based on a lease structure or other relevant financing or performance-based delivery model to be decided during the Development Phase. The Joint Company shall be co-owned by HOFOR (minority shareholder with a 30% ownership stake) and the Concessionaire Company (70 % ownership stake). The Facility shall be designed to intake flue gas with a CO2 quantity content in the range between min. 500,000 and up to approx. 900,000 tonnes of CO2 per year from the flue gas of AMV4, which currently has a total annual emission of approx. 1 million tonnes of CO2. Please note that indicative tenders shall be based on a full-scale Facility, cf. appendix 3 and 4 of the Tender Specifications. The full-scale assumption is subject to adjustment within the range indicated in the foregoing during the tender process and after conclusion of the contract(s). Further specification of the possibilities for adjustments is found in the tender material. The Concessionaire Company alone will be entitled – and obliged – to optimise the sale and use of the captured CO2 to the joint benefit of the parties. In this regard, the Concessionaire Company shall be responsible for ensuring sufficient ongoing revenues (financial contributions) to cover the operations of the Facility throughout the concession period and to ensure sufficient accruals for decommissioning costs at the end of the concession period (if relevant). The contractual set up for the project comprises a Main Concession Agreement and the following supporting agreements: Early Works Agreement, Access, Construction and Proximity Agreement, Plot Lease Agreement, Partnership and Shareholder’s Agreement, Flue Gas Availability Agreement, CO2 Offtake Agreement and Critical Systems Operations Agreement The contracts contain provisions on e.g. (1) Principles of Priority governing the relationship between activities under AMV and the Facility respectively allowing for a balanced right of priority. (2) Joint Company shall be a Danish limited company; in Danish: aktieselskab (A/S) (3) Obligation to conduct project maturation activities, including pre-feed and/or feed studies in order for the parties to make the final irrevocable investment decision (FID), which for HOFOR will be related to FID for the project, and which for Concessionaire Company will be related to FID for the entire value chain project. (4) The Partnership and Shareholders’ Agreement governs and regulates the long-term relationship between the parties as shareholders of the Joint Company, defining their rights and obligations to ensure the proper governance, management, and operation of the Joint Company. The Partnership and Shareholders’ Agreement details, inter alia, the terms related to financing, decision-making processes, dividend distribution, restrictions on and processes for share transfers, and other critical matters concerning the Joint Company and its activities, as well as provisions to protect HOFOR as a minority shareholder in the Joint Company. (5) The contracts contain provisions allowing the parties to terminate the project under certain circumstances due to legislative, commercial, financial and/or technical reasons and to agree on certain measures in case of a total breakdown of AMV4 and/or the Facility (6) The liability caps in the contracts are subject to negotiation under the tender procedure and will be determined with certain adjustment measures prior to the deadline for best and final tenders. The contracts will however include a mechanism to allow for subsequent upward adjustment of the set caps by up to 200% if this is a requirement from one or more financing banks. (7) The contract(s) contain provision on a Revenue Sharing mechanism. Furthermore, HOFOR will enter into an internal agreement to ensure HOFOR the necessary rights to fulfil its obligation under the contracts. The tender procedure is subject to the necessary legislative changes in order to allow for HOFORs investments and engagements in achieving strategic goal of carbon capture within the framework of a concession. FID will inter alia be conditioned upon necessary legislative changes being made, including to allow for a potential financial contribution from HOFOR to the Joint Company (if any and if relevant) whether this is in relation to the establishment of the Joint Company or as potential security for any obligations of HOFOR under the Concession Contract (if relevant). Prior to signing of the Concession Contract after award, HOFOR will incorporate a subsidiary “HOFOR CC Holding A/S” which shall be the legal entity entering into the respective contracts. For the purpose of this tender procedure HOFOR A/S will represent HOFOR in the ongoing communication with the Tenderers via the electronic tendering system.

Deadline

Fristen for modtagelse af bud var på 2024-12-06. Indkøbet blev offentliggjort på 2024-11-04.

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Indkøbshistorik
Dato Dokument
2024-11-04 Udbudsbekendtgørelse
Udbudsbekendtgørelse (2024-11-04)
Objekt
Omfanget af udbuddet
Titel: HOFOR CC Tender
Referencenummer: 24.02-10585
Kort beskrivelse:
HOFOR Forsyning Holding P/S (“HOFOR”) hereby invites interested parties to submit a tender for the award of a concession contract re. the 1) right to establish a carbon capture facility (“Facility”) and subsequently extract and utilize CO2 from the flue gas of Amagerværket blok 4 (AMV4) and 2) the establishment of a co-ownership of a Joint Company between HOFOR and a private party (“Concessionaire Company”). The Concessionaire Company will be entitled to optimise the sale and use of the carbon to the joint benefit of the parties. The purpose of the Facility is to capture CO2 emissions from the flue gas generated by AMV4, when producing heat and power by burning biomass (wood chips). The right to establish the Facility and subsequently extract and utilize CO2 from AMV4’s flue gas collectively comprises the concession subject. Placement of the Facility may be at a location identified by HOFOR and made available to the Concessionaire Company or another place chosen by the Concessionaire Company. The Joint Company shall establish the Facility either through project financing and/or financing provided by the owners directly or indirectly, leasing if the financing of the project is based on a lease structure or other relevant financing or performance-based delivery model to be decided during the Development Phase. The Joint Company shall be co-owned by HOFOR (minority shareholder with a 30% ownership stake) and the Concessionaire Company (70 % ownership stake). The Facility shall be designed to intake flue gas with a CO2 quantity content in the range between min. 500,000 and up to approx. 900,000 tonnes of CO2 per year from the flue gas of AMV4, which currently has a total annual emission of approx. 1 million tonnes of CO2. Please note that indicative tenders shall be based on a full-scale Facility, cf. appendix 3 and 4 of the Tender Specifications. The full-scale assumption is subject to adjustment within the range indicated in the foregoing during the tender process and after conclusion of the contract(s). Further specification of the possibilities for adjustments is found in the tender material. The Concessionaire Company alone will be entitled – and obliged – to optimise the sale and use of the captured CO2 to the joint benefit of the parties. In this regard, the Concessionaire Company shall be responsible for ensuring sufficient ongoing revenues (financial contributions) to cover the operations of the Facility throughout the concession period and to ensure sufficient accruals for decommissioning costs at the end of the concession period (if relevant). The contractual set up for the project comprises a Main Concession Agreement and the following supporting agreements: Early Works Agreement, Access, Construction and Proximity Agreement, Plot Lease Agreement, Partnership and Shareholder’s Agreement, Flue Gas Availability Agreement, CO2 Offtake Agreement and Critical Systems Operations Agreement The contracts contain provisions on e.g. (1) Principles of Priority governing the relationship between activities under AMV and the Facility respectively allowing for a balanced right of priority. (2) Joint Company shall be a Danish limited company; in Danish: aktieselskab (A/S) (3) Obligation to conduct project maturation activities, including pre-feed and/or feed studies in order for the parties to make the final irrevocable investment decision (FID), which for HOFOR will be related to FID for the project, and which for Concessionaire Company will be related to FID for the entire value chain project. (4) The Partnership and Shareholders’ Agreement governs and regulates the long-term relationship between the parties as shareholders of the Joint Company, defining their rights and obligations to ensure the proper governance, management, and operation of the Joint Company. The Partnership and Shareholders’ Agreement details, inter alia, the terms related to financing, decision-making processes, dividend distribution, restrictions on and processes for share transfers, and other critical matters concerning the Joint Company and its activities, as well as provisions to protect HOFOR as a minority shareholder in the Joint Company. (5) The contracts contain provisions allowing the parties to terminate the project under certain circumstances due to legislative, commercial, financial and/or technical reasons and to agree on certain measures in case of a total breakdown of AMV4 and/or the Facility (6) The liability caps in the contracts are subject to negotiation under the tender procedure and will be determined with certain adjustment measures prior to the deadline for best and final tenders. The contracts will however include a mechanism to allow for subsequent upward adjustment of the set caps by up to 200% if this is a requirement from one or more financing banks. (7) The contract(s) contain provision on a Revenue Sharing mechanism. Furthermore, HOFOR will enter into an internal agreement to ensure HOFOR the necessary rights to fulfil its obligation under the contracts. The tender procedure is subject to the necessary legislative changes in order to allow for HOFORs investments and engagements in achieving strategic goal of carbon capture within the framework of a concession. FID will inter alia be conditioned upon necessary legislative changes being made, including to allow for a potential financial contribution from HOFOR to the Joint Company (if any and if relevant) whether this is in relation to the establishment of the Joint Company or as potential security for any obligations of HOFOR under the Concession Contract (if relevant). Prior to signing of the Concession Contract after award, HOFOR will incorporate a subsidiary “HOFOR CC Holding A/S” which shall be the legal entity entering into the respective contracts. For the purpose of this tender procedure HOFOR A/S will represent HOFOR in the ongoing communication with the Tenderers via the electronic tendering system.
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Kontrakttype: Tjenesteydelser
Produkter/tjenester: Tjenester på miljøområdet 📦
Anslået værdi uden moms: 30 000 000 000 DKK 💰
Supplerende kontrakttype: Bygge- og anlægsarbejder
Beskrivelse
Intern ID: 24.02-10585
Yderligere oplysninger:
Participation in the tender procedure may only take place by electronic means via the electronic tendering system. For access to the tender procedure, a Tenderer must be registered or register as a user. All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions regarding initial tenders should be submitted not later than 22 November 2024. Questions asked after this date will be answered if they are received in time for HOFOR to provide the information required and communicate the answers not later than six days before expiry of the deadline for submittal of the initial tenders. Questions received later than six days before expiry of the deadline cannot expect to be answered unless the deadline is also postponed. The deadline for initial tenders is 6 December 2024 at 13:00 (local Danish time). Questions regarding confidential documents that requires an NDA, cf. above, will only be published to Tenderers that have entered into an NDA with HOFOR. Tenderers that enter into an NDA with HOFOR, after HOFOR has answered confidential questions, will receive the confidential Q&A sheet together with the confidential documents. Interested parties are requested to keep updated via the electronic tendering system. If a Tenderer encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14. The Tenderer must along with its initial tender submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), para 1 of the Danish Public Procurement Act (“udbudsloven”) (grounds for exclusion) which applies for this procedure as well, cf. Governmental Order no. 1080 of June 29, 2022. It is not necessary for the Tenderer to sign the ESPD document. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. The ESPD document of each participant in the group must be signed by the participant in question. The operator heading the group and submitting the tender is not required to sign its ESPD document. If the Concession Contract is awarded to a group of operators (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative. When submitting the first initial tender the Tenderers must clearly indicate its identity. Where the Tenderer is a consortium, the identity of each member of the consortium must be clearly stated (e.g. by filling out the “Consortium Declaration” in Appendix 9). Tenderers should be aware that the possibilities for HOFOR to accept changes to the identity of a Tenderer (including e.g. the possibilities for allowing the formation of/or changes to a consortium) after the deadline for submitting INDO is very limited. If the initial tender or the best and final tender contains several versions of the same document, the latest uploaded version will apply. HOFOR will pay no remuneration for participation in the tender. Section 134a of the Danish Public Procurement Act shall apply to this tender procedure. Furthermore, the Tenderer will be excluded from participation in the tender procedure if the Tenderer is subject to the compulsory grounds for exclusion set out in 135 and 136 of the Danish Public Procurement Act, and the exclusion grounds stated in the Danish Public Procurement Act, section 137(1), para 1, 2 and 5 unless the Tenderer has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, cf. Statutory Order no. 1080 of June 29, 2022. The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Hence, trivial matters cannot result in the exclusion of the Tenderer. Several matters which, individually, are less serious in nature may, however, give rise to exclusion of the Tenderer. Before the award decision is made, the Tenderer to whom HOFOR intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act. HOFOR reserves the right to ask for documentation at any time during the tender procedure if this is found to be prudent. It is noted that the procurement is subject to Regulation (EU) No. 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. As part of their initial tender (INDO) Tenderers are obliged to submit a notification/declaration concerning any financial contributions received from third countries, see Article 29 of the Regulation. Tenderers will be obliged to update the notification/declaration upon submission of the best and final tender (BAFO). Attention is also drawn to Article 5k in Regulation (EU) No 833/2014 as later amended which applies for the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). HOFOR may at any time during the tender process require that a Tenderer proves that she are not covered by the prohibition, by requiring a declaration to this effect, see the template uploaded in the electronic tendering system as Appendix 9 , and/or documentation regarding the Tenderer’s and any subcontractors’ place of establishment and ownership. The conclusion of the contracts may be subject to an authorisation requirement pursuant to the Danish Investment Screening Act, cf. consolidated act no. 1256 of 27 October 2023. Tenderers should clarify whether the Tenderer’s conclusion of the contract will be subject to such requirement. Tenderers are advised to seek clarification in due time prior to expected award of the contracts in order to respect the tender timeline in Appendix 2 to the Tender Specifications. Further details are available at https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements. The contract value for the total maximum term of the contracts is estimated to be 20 – 30 bn. DKK, which is calculated on the basis of the accumulated expected income stream from the sale of negative emission credits (CRCs hereafter). This revenue stream is a product of the average annual CO2 capture quantity in the Project multiplied by an expected market price of CRCs multiplied by the number of years in the contract term. As the market for CRCs is relatively immature, there exists a significant, known uncertainty on the expected future sales value, which is why it is reasonable to envisage a wide range in the expected contract value. HOFOR has formed an opinion on the required expected total investment of the Concessionaire Company and reached the conclusion, that the term of the contract will be necessary to ensure a reasonable market return on the invested capital. The performance of the contract must be carried out in compliance with requirements for employment-related considerations as well as other social and environmental considerations. The detailed requirements are set out in the Main Concession Agreement and the supporting agreements. Reg. the evaluation of Price: The purpose of this tender procedure is to expose to competition the right of the Concessionaire Company to establish the Facility and subsequently extract and utilize CO2 from AMV4’s flue gas. Due to the nature of the contract (concession) and as the project will be carried out through a Joint Company to be co-owned by HOFOR and the Concessionaire Company, the nature of the tender is not an ordinary acquisition, where the contracting entity pays an amount for the delivery of goods or services. The “Price” in this tender is hence not an “acquisition price”, but rather the return on investment offered by the Concessionaire Company in the form of the internal rate of return (IRR) of the Joint Company disregarding the financing structure. Thus, it will be the offered IRR that forms one element in the price competition in this tender process. The other element is an offered Multiplier as an economic element in case of non-compliance under the contract(s), which will allow for compensation for certain damages. The evaluation model is set out in more detail in the Tender Specifications and appendices. Reg. the negotiation process: The purpose of the negotiations is to ensure that the Concession Contract accommodates mutual interests in and a long-term partnership on a commercial basis, and that this is ensured via a market conform tender material, optimal competition for the Concession Contract and compliant tenders. Taking this purpose of the negotiations into consideration, HOFOR may during the tender process decide to update and adjust the tender documents, if HOFOR, based on the feedback from the Tenderers, is convinced that such changes may result in a better balance of the partnership and/or compliant tenders. Hence, it is not expected that the final terms of the contract(s) - and any choice within the ranges stated in the contract(s) - will favor one party alone. The scope of the negotiations and subsequent possible changes to the tender material is set out in more detail in the Tender Specifications.
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Yderligere produkter/tjenester: Land: Danmark 🇩🇰
Sted for udførelsen: Byen København 🏙️
Varighed: 455 måneder
Højeste antal fornyelser: 1
Yderligere oplysninger om fornyelser:
If the technical lifetime of the combined heat and power plant Amagerværket, unit 4, situated at Vindmøllevej 48, 2300 København S, Denmark (AMV4) is extended, the term of the concession may be extended at HOFOR’s request by up to ten (10) years by mutual agreement by the Parties, subject to a three (3) Year prior notice by HOFOR. After termination of the MCA, the Joint Company will have to decommission the plant within a specified period.
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Kriterier for tildeling
Pris
Pris (justeringskoefficient): 37
Kvalitetskriterium (navn): Quality
Kvalitetskriterium (vægtning): 63
Titel
Partiets identifikationsnummer: LOT-0000

Procedure
Type af procedure
Retsgrundlag: Direktiv 2014/23/EU
Hovedpunkterne i proceduren:
The concession tender process is conducted as an open tender procedure with negotiations under directive 2014/23/EU. The procedure is divided in four phases: Phase 1: Contract Redlining Phase Phase 2: Tender and negotiation Phase (INDO/BAFO) Phase 3: Evaluation of tenders Phase 4: Final negotiations In order to facilitate and incorporate as much market feedback as possible, HOFOR invite all interested Tenderers to submit comments on the published contracts in phase 1 (Contract Redlining). All interested Tenderers are invited to submit comments regarding the tender material in Phase 1. Comments should be submitted at the latest on 18 November 2024. Submitting comments to the tender material is voluntary, however, all Tenderers who have submitted comments within the deadline set out in the foregoing will be invited to participate in a negotiation phase, where the Tenderer and HOFOR will engage in negotiations relating to the submitted comments. The redlining-negotiation phase will take place from the 19th of November 2024 to the 5th of December 2024. Phase 2 begins with the submission of an initial tender (INDO) based on the draft version of the Master Concession Agreement and supporting contracts as well as the tender specifications (regardless of any input provided during the redlining period). The initial tender and ESPD shall be submitted no later than the deadline stated in this notice and the Tender Specifications. Following the receipt of the initial tenders, negotiations with the Tenderers who have submitted an initial tender will be conducted as negotiations/feedback rounds. HOFOR reserves the right to also include other topics in the feedback rounds to the extent this is found relevant in order to ensure more efficient competition and/or compliant tenders. HOFOR explicitly reserves the right to call for one or more initial tenders and to conduct further negotiations/feedback rounds if considered necessary. After having called for final tenders ("BAFO"), HOFOR reserves the right to resume to the feedback rounds and ask the Tenderers for an extra BAFO if this is found to be possible in a given situation under the applicable Public Procurement rules. Phase 3 covers the evaluation of the submitted BAFO(s) and the award of the contract. The award of the contract will take place on the basis of the award criterion best price-quality ratio. HOFOR may in the final phase (phase 4) carry out final clarifications and contract negotiations with the successful Tenderer. Whether or not any negotiations will be conducted is solely at HOFOR’s discretion, and the Tenderers cannot rely on such negotiations being conducted. For further description of the phases, see Tender Specifications.
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Retsgrundlag:
Directive 2014/23/EU
Governmental order no 1080 of 29 July 2022 on the award of concession contracts, transposes directive 2014/23/EU into Danish law.
Administrative oplysninger
Frist for modtagelse af bud eller ansøgninger om deltagelse: 2024-12-06 12:00:00 📅
Sprog, på hvilke bud eller ansøgninger om deltagelse kan indgives: engelsk 🗣️
Udbudsbetingelser
Avanceret eller kvalificeret elektronisk signatur eller segl (jf forordning (EU) nr 910/2014) er påkrævet
Elektronisk fakturering: Påkrævet
Der vil blive anvendt elektronisk betaling
Frist for anmodning om yderligere oplysninger: 2024-11-22 22:55:00 📅
Kriterier for tildeling
Vægtningstype: Vægtning (procentdel, midt i intervallet)
Udbudsbetingelser
Kontrakten indeholder gennemførelsesbetingelser
Fortrolighedsaftale er påkrævet

Juridiske, økonomiske, finansielle og tekniske oplysninger
Betingelser for deltagelse
De vigtigste finansieringsbetingelser og betalingsordninger og/eller henvisning til de relevante bestemmelser, der regulerer dem:
HOFOR will only sign the Concession Contract provided the successful tenderer delivers the guarantee required pursuant to Clause 7.1 [Concessionaire’s Obligations] of the MCA at the latest on the signing date, in a duly executed, valid and binding form and in accordance with the template set out in Schedule MCA-4 (Form of Parent Company Guarantee). If the successful tenderer is not able to provide the required guarantee at the latest on the signing date, HOFOR reserves the right to withdraw the award decision and award the Concession Contract to the second-best tenderer. Further, essential financial requirements are stated in the contracts, especially in the CO2 offtake Agreement. Leasing is allowed as financing for the Facility, with contract adjustments to accommodate the leasing model, provided these changes do not materially alter the risk distribution between the Concessionaire Company and HOFOR.
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Betingelser i forbindelse med kontrakten
Betingelser for opfyldelse af kontrakten:
It is expected that HOFOR through a SPV (“Subsidy SPV”) will apply for pre-qualification as a tenderer for the Danish carbon capture and storage subsidy regime tendered by the Danish Energy Agency (“Subsidy Pre-Qualification”). If the successful tenderer’s (Concessionaire Company’s) tender assumes public subsidy funding through the carbon capture and storage subsidy regime tendered by the Danish Energy Agency, the Concessionaire Company shall be obliged to participate in such public subsidies tender by using the Subsidy SPV. See the tender material for further information and requirements. Information security and resilience is a priority for HOFOR Group, and in addition HOFOR expects that selected entities and activities in HOFOR Group will be covered by the Danish implementation of the NIS2-directive and CER-directive. The contract(s) will include terms and requirements that reflect this.
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Betingelser for deltagelse
Udelukkelsesgrund:
Aktiver, der administreres af en kurator
Betaling af skatter og afgifter
Betaling af socialsikringsbidrag
+ 18 mere
Børnearbejde og andre former for menneskehandel
Deltagelse i en kriminel organisation
Direkte eller indirekte involvering i forberedelsen af denne udbudsprocedure
En situation, der svarer til konkurs i henhold til national ret
Erhvervsvirksomheden er indstillet
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
Hvidvaskning af penge eller finansiering af terrorisme
Insolvens
Interessekonflikt som følge af deltagelse i udbudsproceduren
Konkurs
Korruption
Skyldig i alvorlige forsømmelser i forbindelse med udøvelsen af erhvervet
Svig
Terrorhandlinger eller strafbare handlinger med forbindelse til terroraktivitet
Tilsidesættelse af forpligtelser på det arbejdsretlige område
Tilsidesættelse af forpligtelser på miljølovgivningsområdet
Tilsidesættelse af forpligtelser på sociallovgivningsområdet
Tvangsakkord uden for konkurs
Beskrivelse af udelukkelsesgrunde:
see section 137(1), para (2) of the Danish Public Procurement Act.
see section 135(1), para (2) of the Danish Public Procurement Act.
see section 135(1), para (1) of the Danish Public Procurement Act.
see section 137(1), para (1) of the Danish Public Procurement Act.
see section 135(1), para (5) of the Danish Public Procurement Act.
see section 135(1), para (3) of the Danish Public Procurement Act.
see section 135(1), para (6) of the Danish Public Procurement Act.
see section 136, para (3) of the Danish Public Procurement Act, and the tenderer has undertaken to unduly influence the decision-making process of the contracting entity, where the tenderer has obtained confidential information that may confer upon it undue advantages in the procurement procedure, or where the tenderer has grossly negligently provided misleading information that may have a material influence on decisions concerning exclusion or award of contract, see section 137(1), para (5).
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see section 136, para (1) of the Danish Public Procurement Act.
see section 136, para (2) of the Danish Public Procurement Act.
see section 136, para (4) of the Danish Public Procurement Act.
see section 135(3) of the Danish Public Procurement Act.
see section 135(1), para (4) of the Danish Public Procurement Act.

Ordregivende myndighed
Navn og adresser
Navn: HOFOR Forsyning Holding P/S
Nationalt registreringsnummer: 26853605
Postadresse: Ørestads Boulevard 35
Postnummer: 2300
Postby: København S
Region: Byen København 🏙️
Land: Danmark 🇩🇰
Enhed: Søren Thaaning Pedersen
E-mail: sotp@hofor.dk 📧
Telefon: +4527955012 📞
URL: http://www.hofor.dk/ 🌏
Køberprofilens adresse: https://eu.eu-supply.com/ctm/company/companyinformation/index/338688 🌏
Den ordregivende myndigheds type
Offentligretligt organ
Køberens kontraherende type: Køberen er en ordregiver
Hovedaktivitet
Generelle offentlige tjenesteydelser
Kommunikation
URL til dokumenter: https://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=416678&B= 🌏
URL for deltagelse: https://eu.eu-supply.com/app/rfq/rwlentrance_s.asp?PID=416678&B= 🌏
ID for den foregående bekendtgørelse: 413225-2024
Elektronisk indgivelse: Påkrævet

Supplerende oplysninger
Yderligere oplysninger
Participation in the tender procedure may only take place by electronic means via the electronic tendering system. For access to the tender procedure, a Tenderer must be registered or register as a user. All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions regarding initial tenders should be submitted not later than 22 November 2024. Questions asked after this date will be answered if they are received in time for HOFOR to provide the information required and communicate the answers not later than six days before expiry of the deadline for submittal of the initial tenders. Questions received later than six days before expiry of the deadline cannot expect to be answered unless the deadline is also postponed. The deadline for initial tenders is 6 December 2024 at 13:00 (local Danish time). Questions regarding confidential documents that requires an NDA, cf. above, will only be published to Tenderers that have entered into an NDA with HOFOR. Tenderers that enter into an NDA with HOFOR, after HOFOR has answered confidential questions, will receive the confidential Q&A sheet together with the confidential documents. Interested parties are requested to keep updated via the electronic tendering system. If a Tenderer encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com, or telephone (+45) 70 20 80 14. The Tenderer must along with its initial tender submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), para 1 of the Danish Public Procurement Act (“udbudsloven”) (grounds for exclusion) which applies for this procedure as well, cf. Governmental Order no. 1080 of June 29, 2022. It is not necessary for the Tenderer to sign the ESPD document. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. The ESPD document of each participant in the group must be signed by the participant in question. The operator heading the group and submitting the tender is not required to sign its ESPD document. If the Concession Contract is awarded to a group of operators (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative. When submitting the first initial tender the Tenderers must clearly indicate its identity. Where the Tenderer is a consortium, the identity of each member of the consortium must be clearly stated (e.g. by filling out the “Consortium Declaration” in Appendix 9). Tenderers should be aware that the possibilities for HOFOR to accept changes to the identity of a Tenderer (including e.g. the possibilities for allowing the formation of/or changes to a consortium) after the deadline for submitting INDO is very limited. If the initial tender or the best and final tender contains several versions of the same document, the latest uploaded version will apply. HOFOR will pay no remuneration for participation in the tender. Section 134a of the Danish Public Procurement Act shall apply to this tender procedure. Furthermore, the Tenderer will be excluded from participation in the tender procedure if the Tenderer is subject to the compulsory grounds for exclusion set out in 135 and 136 of the Danish Public Procurement Act, and the exclusion grounds stated in the Danish Public Procurement Act, section 137(1), para 1, 2 and 5 unless the Tenderer has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, cf. Statutory Order no. 1080 of June 29, 2022. The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Hence, trivial matters cannot result in the exclusion of the Tenderer. Several matters which, individually, are less serious in nature may, however, give rise to exclusion of the Tenderer. Before the award decision is made, the Tenderer to whom HOFOR intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act. HOFOR reserves the right to ask for documentation at any time during the tender procedure if this is found to be prudent. It is noted that the procurement is subject to Regulation (EU) No. 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. As part of their initial tender (INDO) Tenderers are obliged to submit a notification/declaration concerning any financial contributions received from third countries, see Article 29 of the Regulation. Tenderers will be obliged to update the notification/declaration upon submission of the best and final tender (BAFO). Attention is also drawn to Article 5k in Regulation (EU) No 833/2014 as later amended which applies for the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). HOFOR may at any time during the tender process require that a Tenderer proves that she are not covered by the prohibition, by requiring a declaration to this effect, see the template uploaded in the electronic tendering system as Appendix 9 , and/or documentation regarding the Tenderer’s and any subcontractors’ place of establishment and ownership. The conclusion of the contracts may be subject to an authorisation requirement pursuant to the Danish Investment Screening Act, cf. consolidated act no. 1256 of 27 October 2023. Tenderers should clarify whether the Tenderer’s conclusion of the contract will be subject to such requirement. Tenderers are advised to seek clarification in due time prior to expected award of the contracts in order to respect the tender timeline in Appendix 2 to the Tender Specifications. Further details are available at https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements. The contract value for the total maximum term of the contracts is estimated to be 20 – 30 bn. DKK, which is calculated on the basis of the accumulated expected income stream from the sale of negative emission credits (CRCs hereafter). This revenue stream is a product of the average annual CO2 capture quantity in the Project multiplied by an expected market price of CRCs multiplied by the number of years in the contract term. As the market for CRCs is relatively immature, there exists a significant, known uncertainty on the expected future sales value, which is why it is reasonable to envisage a wide range in the expected contract value. HOFOR has formed an opinion on the required expected total investment of the Concessionaire Company and reached the conclusion, that the term of the contract will be necessary to ensure a reasonable market return on the invested capital. The performance of the contract must be carried out in compliance with requirements for employment-related considerations as well as other social and environmental considerations. The detailed requirements are set out in the Main Concession Agreement and the supporting agreements. Reg. the evaluation of Price: The purpose of this tender procedure is to expose to competition the right of the Concessionaire Company to establish the Facility and subsequently extract and utilize CO2 from AMV4’s flue gas. Due to the nature of the contract (concession) and as the project will be carried out through a Joint Company to be co-owned by HOFOR and the Concessionaire Company, the nature of the tender is not an ordinary acquisition, where the contracting entity pays an amount for the delivery of goods or services. The “Price” in this tender is hence not an “acquisition price”, but rather the return on investment offered by the Concessionaire Company in the form of the internal rate of return (IRR) of the Joint Company disregarding the financing structure. Thus, it will be the offered IRR that forms one element in the price competition in this tender process. The other element is an offered Multiplier as an economic element in case of non-compliance under the contract(s), which will allow for compensation for certain damages. The evaluation model is set out in more detail in the Tender Specifications and appendices. Reg. the negotiation process: The purpose of the negotiations is to ensure that the Concession Contract accommodates mutual interests in and a long-term partnership on a commercial basis, and that this is ensured via a market conform tender material, optimal competition for the Concession Contract and compliant tenders. Taking this purpose of the negotiations into consideration, HOFOR may during the tender process decide to update and adjust the tender documents, if HOFOR, based on the feedback from the Tenderers, is convinced that such changes may result in a better balance of the partnership and/or compliant tenders. Hence, it is not expected that the final terms of the contract(s) - and any choice within the ranges stated in the contract(s) - will favor one party alone. The scope of the negotiations and subsequent possible changes to the tender material is set out in more detail in the Tender Specifications.
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Gennemgå organ
Navn: Klagenævnet for Udbud
Nationalt registreringsnummer: 37795526
Postadresse: Nævnenes Hus, Toldboden 2
Postnummer: 8800
Postby: Viborg
Region: Vestjylland 🏙️
Land: Danmark 🇩🇰
E-mail: klfu@naevneneshus.dk 📧
Telefon: +45 72405600 📞
URL: http://www.naevneneshus.dk 🌏
Tjeneste, hvorfra der kan indhentes oplysninger om klageproceduren
Navn: Konkurrence- og Forbrugerstyrelsen
Nationalt registreringsnummer: 10294819
Postadresse: Carl Jacobsens Vej 35
Postnummer: 2500
Postby: Valby
Region: Byen København 🏙️
E-mail: kfst@kfst.dk 📧
Telefon: +45 41715000 📞
URL: http://www.kfst.dk 🌏
Gennemgangsprocedure
Præcise oplysninger om fristerne for gennemgangsprocedurer:
Pursuant to the Danish Act on the Complaints Board for Public Procurement, etc. (lov om Klagenævnet for Udbud m.v.) (the Act is available (in Danish) at www.retsinformation.dk), the following deadlines apply to the lodging of complaints: 1) 45 calendar days after the contracting entity has published a notice in the Official Journal of the European Union that the contracting entity has entered into a contract. The deadline is calculated from the day after the day when the notice was published. 2) 30 calendar days calculated from the day after the day when the contracting entity has notified the candidates concerned that a contract based on a framework agreement with reopening of competition or a dynamic purchasing system has been entered into if the notification has included an explanation of the relevant grounds for the decision. 3) 6 months after the contracting entity entered into a framework agreement calculated from the day after the day when the contracting entity notified the candidates and tenderers concerned, see section 2(2) of the Act and section 171(4) of the Danish Public Procurement Act. 4) 20 calendar days calculated from the day after the contracting entity has submitted notification of its decision, see section 185(2) of the Danish Public Procurement Act. Not later than at the time of lodging a complaint with the Danish Complaints Board for Public Procurement, the complainant must notify the contracting entity in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement and whether the complaint was lodged during the standstill period, see section 6(4) of the Act. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore indicate whether a suspensory effect of the complaint has been requested, see section 12(1) of the Act. The e-mail address of the Complaints Board for Public Procurement is klfu@naevneneshus.dk. The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.
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