Public procurement notice: Modification Of A Contract/Concession During Its Term
Published: 2019-10-18
Buyer: Banedanmark
Country: DK
Contract type: Services
CPV classification: 71311200 | 71311300

Technical requirements: Technical Consultancy and Support for the National Signaling Renewal Programme in Denmark (ERTMS Deployment)
In January 2009 the Danish Parliament decided to fund a 18 000 000 000 DKK national replacement programme of renewing all Danish railway signaling by 2023 (ERTMS). As part of this, in 2009, Banedanmark entered a main consultancy agreement concerning technical consultancy and support (multi-consultancy services) with a joint venture (see Section V.2.3). This is referred to as the Joint Venture Contract and covers technical multi-consultancy during the completion of the signaling replacement programme (from design to end phase). This initial contract was subject to a call for competition. In the contract notice from 2009 it was stated that the estimated value of the contract was between 500 000 000 DKK and 1 000 000 000 DKK, and that the stated amount was a rough estimate. During 2018 – 2019, the programme has been subject to re-planning, and the final roll-out has been postponed to 2030 due to an unforeseen complexity in the installation of the IT based signaling programme. This notice regards the changed provisions to the Joint Venture Contract following the re-planning of the signaling programme (see Section VII.2.1).
2014-DK-TM-0183-W “ERTMS Trackside deployment along the section Copenhagen H – Køge Nord – Ringsted in East Denmark”
Technical Consultancy and Support for the National Signaling Renewal Programme in Denmark (ERTMS Deployment)
Regarding Section VII.1.6) – the stated amount (2 900 000 000 DKK) is the estimated value of the contract covering the period from
2009 to 2030. It is underlined that Banedanmark by stating this estimated value is not obliged to purchase consultancy services from the Joint Venture equivalent to the stated amount.
Regarding Section V.2.1) – the stated date (7.9.2009) is the date on which the Joint Venture Contract was entered into.
Regarding Section V.2.4) and VII.2.3) – in the contract notice from 2009 the estimated value of the contract was stated as 500 000 000 DKK – 1 000 000 000 DKK.
Banedanmark has followed the procedure in Section 4 of the Act on the Board of Appeal (Consolidated Act No 593 of 2.6.2016 on the Public Procurement Board of Appeal, available at: www.retsinformation.dk). Thus, the contract amendment has not be concluded/signed before the expiry of 10 calendar days with effect from the day following the date of publication of the previous notice, cf. Section 4 (1) (2) of the Act on the Board of Appeal.
According to Section 7 (3) of the Act on the Board of Appeal, a complaint that the contracting entity has concluded a contract without prior publication of a contract notice in the Official Journal of the European Union, in cases where a contracting entity has followed the procedure laid down in Section 4, must have been submitted to the board of appeal within 30 calendar days from the day following the date on which the contracting entity published a contract notice in the Official Journal of the European Union stating that the contracting entity has concluded a contract, provided that the notice contains the justification of the procuring entity’s decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union.
At the latest at the time of submitting a complaint to the board of appeal, the complainant shall inform the contracting entity in writing that the complaint is submitted to the board of appeal. In addition, the complainant shall also indicate whether or not suspensory effect is requested, see Section 12 (1).
The board of appeal’s own guidance on complaints is available on the website listed in Section VI.4.1) above.
In January 2009 the Danish Parliament decided to fund a 18 000 000 000 DKK national replacement programme of renewing all Danish railway signaling by 2023 (ERTMS). As part of this, in 2009, Banedanmark entered a main consultancy agreement concerning technical consultancy and support (multi-consultancy services) with a joint venture (see section V.2.3). This is referred to as the Joint Venture Contract and covers technical multi-consultancy during the completion of the signaling replacement programme (from design to end phase). This initial contract was subject to a call for competition. In the Contract Notice from 2009 it was stated that the estimated value of the contract was between 500 000 000 DKK and 1 000 000 000 DKK, and that the stated amount was a rough estimate. During 2018 – 2019, the programme has been subject to re-planning, and the final roll-out has been postponed to 2030 due to an unforeseen complexity in the installation of the IT based signaling programme. This notice regards the changed provisions to the Joint Venture Contract following the re-planning of the signaling programme (see Section VII.2).
In order to ensure that the Joint Venture Contract is fully updated and complies with the planning set up of the signaling programme, Banedanmark has modified provisions of the Joint Venture Contract, which this notice regards to. The contract amendment has not been concluded/signed before the expiry of a period of 10 calendar days with effect from the day following the date of publication of the previous notice, cf. Section 4 (1) (2) of the Act on the Board of Appeal.


Winner: Rambøll Danmark A/S, Atkins Danmark A/S, Emch+Berger AG Bern, Parsons Group International Ltd. And Rambøll – Atkins – EMCH + Berger – Parsons Joint Venture