Public procurement notice: Contract Award Notice
Published: 2025-10-07
Buyer: A/S Øresund
Country: DK
Region: DK011
Contract type: Works
Procedure: Other multiple
CPV classification: 44212410 | 45200000: Building and civil engineering work | 45221110 | 45221112 | 45234100
Estimated value: 332500000 DKK
Award criteria: price, quality
EU fund: eu-funds

Technical requirements: The contracting entity may choose to award the contract on the basis of the first initial tender. If the contract is not awarded on the basis of the first initial tender, the contracting entity will conduct individual negotiation meetings with all tenderers who have submitted an initial tender within the deadline stated. The negotiations will be conducted in accordance with the principle of equal treatment, and all tenderers will be given the same amount of time for negotiations with the contracting entity. Successive stages are not used in order to limit the number of tenders to be negotiated. After the negotiations, the contracting entity may choose to issue revised tender documents for further initial or final tenders. The tenderers will be informed thereof at the same time with an invitation to submit an initial or final tender. 

The contracting entity reserves the right to award the agreement on the basis of the first initial tender.

The contracting entity will not pay a participation fee to the tenderers.

For further information on the process of the negotiations, reference is made to the tender specifications.
On 4 April 2024, Folketinget (the Danish Parliament) passed a Law on the upgrading of the Øresund line, wherein it has been decided to construct two Passing Tracks at Kalvebod. A/S Øresund has been tasked by the Ministry of Transport to implement the project ’Passing Track Kalvebod’. Several preliminary investigations have been carried out so far. The relevant material is available at: https://sundogbaelt.dk/forbindelser/overhalingsspor/.  
The project comprises the establishment of two new tracks parallel to the two existing tracks. The project also includes a restructuring of the Hammelstrupvej Bridge to accommodate four tracks as opposed to the current two tracks and the replacement of two footbridges across the line.  The two new tracks will require the establishment of new traction power comprising gallows masts covering both tracks. The current neutral section must also be moved and pumping station 2 must undergo some reconstruction to accommodate the new tracks. Sheet piling must also be installed along the entire section to keep the earth embankment in place and provide room for the two tracks. 
The project Passing Track Kalvebod will be established in two sub-projects: Sub-Project 1 ”Structures and Civil Works” and Sub-Project 2 ”Track and Traction Power”. This tender concerns the Sub-Project 1. 
Sub-Project 1 will be particularly logistically complicated to execute in that the work will be carried out without direct access, in very little space, with difficult soil conditions and water and drainage challenges. Ac-cess for vehicles, cyclists and pedestrians must be ensured continuously throughout the construction period and special attention will need to be paid to neighbours and stakeholders in the area.  
Sub-Project 1 includes all construction and structural works for the passing tracks and bridges/footbridges (including geotechnical conditions for both slopes and structures, removal and relocation of soil, a new drainage system, bridge expansion and two new footbridges, the establishment of sheet piles, noise barriers, traction power systems, and signalling works (to be coordinated and executed by Banedanmark).   
As regards Sub-Project 1, A/S Øresund wishes to enter into a Design & Build Contract with one Design & Build Contractor. 
The Client also wants close collaboration with the Design & Build Contractor as regards the Project’s development, including the choice of subsolutions, options for alternative approaches to construction logistics, including the establishment of sheet piles and footbridges, the management of water and soil conditions and the options for sustainable and climate optimised solutions. It is on this basis that the Design & Build Contract will comprise an initial Collaboration and Project Development phase (hereinafter the CPD phase) and a detailed design and execution phase. The purpose of the CPD phase is to ensure the development of the project in a collaboration between the Design & Build Contractor and the Client, where the Design & Build Contractor, the Client and consultants together develop ideas and find solutions in accordance with the Client’s requirements and target price. See Appendix 5 of the CPD for further information about the CPD phase.  
On the basis of dialogue, collaboration and project development in Phase 1 (CPD phase cf. Appendix 5), the Design & Build Contractor shall submit a final fixed price for the Design & Build contract. The financial framework within which project development can take place (”Target price”) is DKK 330,000,000. For more details see the Design & Build contract. 
During the project development phase and following receipt of the Design & Build Contractor’s final offer, the Client may cancel the remainder of the agreement if the Design & Build Contractor’s total offer exceeds the Target Price. In this case, the Design & Build Contractor shall continue to receive remuneration for participation in the project development, see the Design & Build contract.
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:

Complaints of not having been selected must be submitted to the Danish Complaints Board for Public Procurement before the expiry of 20 calendar days, see section 7(1) of the Act, from the day after submission of notification to the candidates concerned of the identity of the successful tenderer where the notification is accompanied by an explanation of the grounds for the decision in accordance with section 2(1), para (1) of the Act and section 171(2) of the Danish Public Procurement Act. 

In other situations, complaints of award procedures, see section 7(2) of the Act, must be lodged with the Danish Complaints Board for Public Procurement before the expiry of:

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 nh@naevneneshus.dk.

The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.


Winner: AARSLEFF RAIL A/S
Award value: 332500000
Number of bids: 3