Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2023-03-21
Buyer: Banedanmark
Country: DK
Contract type: Supplies
Procedure: Contract award without prior publication
CPV classification: 31321700 | 34632000 | 34632200 | 34632300 | 34942000
EU fund: EU Fund

Technical requirements: Contract for the design, building and maintenance of a signalling system for Fjernbane East - Change of Option 4C and call thereof
In January 2009 the Danish Parliament decided to fund a 18 000 000 000 DKK replacement programme of renewing all Danish railway signalling - both on the mainlines and regional lines (Fjernbane) and on the Copenhagen S-bane (S-bane). This notice regards the Fjernbane infrastructure east lot, which was subject to a call for competition (2010/S 39-057711). More specifically the notice concerns option 4C of the contract, which concerns the equipment of the Fehmarn Belt Fixed Link with signalling equipment. The Framework Agreement was signed with the consortium Alstom Danmark A/S, Alstom Belgium S.A and Alstom Ferroviaria S.p.A (Hereinafter Alstom). (CR277)
The Signaling Programme consists of 4 main contracts of which one covers the S-banen and 3 covers the F-banen (Fjernbanen), 2 for the infrastructure work (divided in an east and west lot) and one for the onboard work. This notice concerns the contract for the infrastructure work for the east lot and more specifically the option 4C for the equipment of the Fehmarn Belt Fixed Link with signalling equipment.
The contract concerns the design, building and maintenance of a signalling system based on ERTMS for F-banen in east Denmark as further described in Contract Notice 2010/S 39-057711 and in the tender material.
The contract was originally drafted to allow for a high degree of flexibility, as it has a long lifespan and covers the task to design, build and maintain a Signalling System during this time period. Despite this in-build flexibility some contract changes will be necessary to bring the Fehmarn Belt Fixed Link to fruition.
This notice concerns these necessary changes and the call of option 4C, whereby Banedanmark on behalf of Femern A/S procures the equipment of the Fehmarn Belt Fixed Link with a Signalling System. Femern A/S was a contracting entity under Contract Notice 2010/S 39-057711. The main reasons for the changes necessary are as listed below.
As part of the on-going cooperation between Banedanmark and Alstom certain parts of the contract and the way of working has been updated for the other roll-outs. These changes have previously not been introduced for the option 4C, but are now being implemented. Alstom is compensated for these additional tasks.
Both Banedanmarks Signalling Program and Femern A/S’ Fixed Link project are major infrastructure investments, where the overall time schedules have been updated due to changing circumstances. Specifically the Fehmarn Belt Fixed Link has been delayed due to the process of obtaining the necessary approvals in Germany. Based on these time issues option 4C is not possible to deliver as an integrated part of another roll-out as originally planned, and the cost towards Alstom will thus increase e.g., based on a separate design, separate authority approvals and separate test and commissioning needing to be performed.
In order to incentivise Alstom to deliver the tasks as soon as possible certain bonuses for ensuring completion at stipulated dates is introduced.
In addition, Femern A/S has received further requirements for the technical functionality of the signalling system as part of the German approvals. The technical functionalities are part of the overall ERTMS framework, but was not expected to be delivered to Banedanmark under the contract. These new technical functionalities was not envisioned when Contract Notice 2010/S 39-057711 was tendered but are crucial to obtain approvals for operation of the railway in the Fixed Link. The technical functionalities need to be delivered as an integrated part of the delivery of Alstom and thus cannot be delivered by another supplier. Femern A/S has also required Alstom to comply with more detailed requirements for especially the preparation of further documentation and 3D models of the signalling system, accordingly Alstom is compensated for these extra tasks in accordance with the contract.
The construction of the fixed link across the Fehmarn Belt receives EU funding from the CEF programme under project code 2014-EU-TM-0221-W and 21-EU-TG- Fehmarnbelt Tunnel
Banedanmark does not consider the changed provisions to constitute a substantial change. Banedanmark bases this on several factors but most notably (not in order of importance):
1) The changes to the provisions of the contract would not have allowed other participants in the tender procedure had they been included originally;
2) The changes to the provisions of the contract would not have affected the outcome of the tender procedure had they been included originally;
3) The changes of the provisions of the contract do not shift the economic balance of the contract in favor of Alstom in a way which was not provided for in the contract (Banedanmark considers the changes to the contract to be neutral) and


Winner: ALSTOM TRANSPORT DANMARK A/S