Public procurement notice: Contract Notice
Published: 2025-02-24
Buyer: DIN Forsyning Overskudsvarme/Køl A/S
Country: DK
Region: DK032
Contract type: Works
Procedure: Competitive dialogue
CPV classification: 09323000 | 31140000 | 34931000 | 39715210 | 42131320
Estimated value: 1000000000 DKK
Submission deadline: 2025-03-24
Award criteria: price, quality

Technical requirements: Is the economic operator in in any analogous situation like bankruptcy arising from a similar procedure under national laws and regulations? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Is the economic operator bankrupt? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for corruption, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, OJ C 195, 25.6.1997, p. 1, and in Article 2(1) of Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54). This exclusion ground also includes corruption as defined in the national law of the contracting authority (contracting entity) or the economic operator
Is the economic operator in arrangement with creditors? This information needs not be given if exclusion of economic operators in this case has been made mandatory under the applicable national law without any possibility of derogation where the economic operator is nevertheless able to perform the contract.
Has the economic operator itself or any person who is a member of its administrative, management or supervisory body or has powers of representation, decision or control therein been the subject of a conviction by final judgment for participation in a criminal organisation, by a conviction rendered at the most five years ago or in which an exclusion period set out directly in the conviction continues to be applicable? As defined in Article 2 of Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).

Eligibility requirements: The Applicant must provide the following figures based on the latest two signed and approved annual reports:
- Turnover (revenue)
- Current assets
- Total assets (sum of all assets)
- Total shareholder’s equity (equity including minority shares)
- Current liabilities

If the Applicant is a newly established legal entity and therefore is not able to submit the abovementioned figures the Applicant is encouraged to provide the opening bal-ance.

If the Applicant only has one approved annual report at the time of the Prequalifica-tion Deadline, the Applicant is encouraged to provide those figures and is encouraged to inform the Contracting Entity that the Applicant only has one approved annual report.

A newly established legal entity is encouraged to consider relying on the economic and financial capacity of the parent company or any other supporting entity.

If the Applicant relies financially on another legal entity, and this entity is a parent company to the Applicant and the companies have consolidated accounts, it is possible to submit financial information for the parent company only but it is to be made clear from part II C of the eESPD that the Applicant relies on the economic and financial information of the parent company or any other supporting entity by ticking “yes” in section II C of the eESPD: “Does the economic operator rely on the capacities of other entities…”. In such cases the Applicant is encouraged to state that it has consolidated accounts.
The Applicant must have a revenue of a least 2,000,000,000 DKK to ensure that the Applicant has sufficient capacity to manage an infrastructure project of this size.
If the numbers are given by the Applicant in EUR, the Contracting Entity will apply a conversion rate of 7.45 DKK/EUR.
The Applicant must have an equity of at least 300,000,000 DKK to ensure the Applicant has the required financial stability and robustness.
If the numbers are given by the Applicant in EUR, the Contracting Entity will apply a conversion rate of 7.45 DKK/EUR.
The Applicant must have a solvency ratio of at least 40 % to avoid any potential liquidity issues during the construction period. The solvency ratio is calculated as the Applicant’s equity multiplied with 100 and divided by the total assets.

If the numbers are given by the Applicant in EUR, the Contracting Entity will apply a conversion rate of 7.45 DKK/EUR.
The Applicant is encouraged to provide the following information about the Applicant’s completed experiences of induced draft sea water cooling towers, construction works and electrical and automation work in part V of the eESPD. The experience will be based on already completed parts of the ongoing experience.

A maximum of ten (10) references can be submitted as information under the selection criterion “Experience”. If more references are submitted, only the most recent references up to the maximum number of references will be considered as part of the selection. The most recent references will be determined based on start date. 

No additional documentation for the selection criterion for experience will be required from the Applicant. However, the Contracting Entity reserves the right to contact the Applicant or relevant third parties for verification of the information stat-ed in the description(s).

Each reference may not exceed three (3) pages of 2400 characters including spaces and frontpage.
Please submit information about the Applicant's experience from the period of 1 January 2014 to the Prequalification Deadline, and which the Applicant has completed within such period (i.e. the execution end date of the reference must be within this period). The Applicant is encouraged to describe the following for each reference in part V of the eESPD or with clear references e.g. by using Annex A:
a) Name of project and country
b) Name of employer incl. contact person and telephone number
c) Period of execution start date (Month/Year) and end date (Month/Year)
d) Contract amount
e) Type of contract
f) Description of the project
g) Description of the environmental measures and standards implemented by the Applicant as part of the project

Assessment of experience
The Applicant’s experience will be based on the information submitted in accordance with tender conditions Section 2.5.4 and will be an overall assessment of the references (the Applicant’s experience). Taking into account both the relevance of each reference as well as the number of relevant references. A reference will be evaluated positively the more relevant the reference is considered to be. The more of the following elements that are contained in the reference the more relevant: 
 In general: 
• References where the project is made as a turnkey contract.
• High process complexity that involves integration with several contractors and disciplines.
• The size of the reference plants is comparable.
• How the Applicant has translated requirements, review processes, mapping technical interfaces in each reference.
• How the project model is executed, including in relation to procedures and/or systems.
• Tie-ins of piping systems for existing systems and PtX systems, including necessary pumps, valves, components, equipment etc.
• Design and detailed engineering

 In relation to induced sea water cooling towers and process plants:
• Tasks within induced draft sea water cooling plants.
• Capacities that are comparable to this project.
• Projects in areas with high seawater biological activity.
• Experience in delivery, installation and implementation of all process piping systems above and in grounds.

 In relation to construction work:
• Industrial buildings for district heating or energy production 
• Construction pits (including sheet piling, bracing and groundwater management) and pile foundations.
• Construction of underground concrete structures (pumping stations and similar).
• Construction of basin installations, e.g. for wastewater treatment plants, fire water, etc.
• Construction of site development, soil, drainage, paving and fencing works.
• Seawater intake stations.
 In relation to electrical and automation work:
• Industrial process plants e.g. district heating plants, power plants, power stations, chemical process industry.
• Industrial distribution plants e.g. district heating plants, power plants, power stations, chemical process industry.
• Work that includes complex tagging systems e.g. RDS-CW, RDS-PP, RDS-PS or similar.

The Applicant must fulfil the following minimum requirement regarding experience: 
 Minimum one relevant reference that include induced draft sea or river water cooling towers
 Minimum one reference that include civil and structural work
 Minimum one reference that includes electrical and automation work

Maximum four (4) Applicants will be prequalified.
Prequalification will be based on an evaluation of experience. The following criteria with the weights specified below: Experience 100 %
The Contractor shall provide a performance security in accordance with Sub-Clause 4.2 of the General Conditions of Contract (as supplemented and amended by the Particular Conditions). The performance security shall have  a value of  15% of the Accepted Contract Amount until issue of the Taking-Over Certificate for the Works after which the value will decrease. The value of the performance security is subject to amendments in accordance with the Contract.
The contract is based on FIDIC Yellow book 2017. The contract contains labor clauses and requirements for the use of trainees. After entering into the contract, DIN Forsyning Overskudsvarme/Køl A/S must notify the contractor of the date on which the contractor is to start the work - the commencement date. DIN Forsyning Overskudsvarme/Køl A/S must notify the contractor no later than 30 days before the commencement date. The commencement date cannot be set later than 365 days after the date on which both parties have signed the contract.

Winner: Mercell Holding ASA