Public procurement notice: Contract Award Notice
Published: 2023-08-30
Buyer: Femern A/S
Country: DK
Contract type: Services
Procedure: Open procedure
CPV classification: 71000000 | 71248000 | 71250000 | 71353000 | 71355000
Estimated value: 1800000 EUR
Award criteria: The most economic tender
EU fund: EU Fund

Technical requirements: Framework Agreement for Consultancy Services Related to Plan Approval, Interface Management and Land Acquisition in Germany
- Potential plan approval or plan amendment procedures including hearing meetings and court cases in Germany.
- Negotiation and conclusion of railway crossing agreements, crossing and usage agreements for utilities as well as licensing agreements.
- Potential plan approval or plan amendment procedures including hearing meetings and court cases in Germany.
- Negotiation and conclusion of railway crossing agreements, crossing and usage agreements for utilities as well as licensing agreements.
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.
The contract is tendered as one single agreement in order to achieve economics of scale, reduced costs for administration of the contract and a better understanding of the scope of services. Dividing the contract into lots is not considered to lead to a higher level of competition.
Framework Agreement for consultancy services related to plan approval, interface management and land acquisition in Germany
1)	It should be noted that the estimated value in this contract notice is based on Femern A/S' estimate on a complex project. Thus, the actual use of the framework agreement may differ considerably, and Femern A/S does not undertake to buy a specific quantity of service or to make purchases in a particular amount under the framework agreement
2)	The total maximum value of the framework agreement is estimated to 1 800 000 EUR, based on the fact that it is a complex project, and the actual quantity purchased under the framework agreement depends on the development of the project.
3)	Regarding the ESPD: the tenderer must complete and submit the electronic ESPD which serves as preliminary evidence of fulfilment of the conditions for participation in the tender procedure, including that the tenderer is not subject to the grounds for exclusion. Femern A/S reserves the right, at any time during the tendering procedure, to request the tenderer to provide documentary proof, cf. section 151 of he Danish Procurement Act, if required to ensure the proper execution of the procedure. In this situation, Femern A/S will set an appropriate deadline for the submission of documentation. Femern A/S will exclude a tenderer from participation in a procurement procedure, if the tenderer is covered by sections 134(a), 135 and 136 of the Danish Procurement Act (mandatory exclusion grounds). Please note that some of the voluntary exclusion grounds in the Public Procurement Directive has been made mandatory in section 136 of the Danish Procurement Act. Furthermore, Femern A/S will exclude a tenderer if the tenderer is covered by an exclusion ground covered by section 137(1)(2) of the Danish Procurement Act (i.e. if the tenderer has been declared bankrupt or is undergoing insolvency or winding-up proceedings etc.). Before awarding the framework agreement, the tenderer to whom Femern A/S intends to award the agreement must provide documentation concerning the information in the ESPD, cf. Section 153 of the Danish Public Procurement Act. Femern A/S has prepared the electronic ESPD for the economic operator to fill out. The electronic ESPD is available at the link set out in Section I.3. For further information on the requirements to the tender and the tender procedure please refer to the Tender Specifications available at the link set out in Section I.3).
4)	Please note that Femern A/S cannot award the framework agreement to a tenderer if it will conflict with the prohibition stated in Article 5k, in Regulation (EU) no 833/2014 concerning restrictive measures in view of Russia’s actions Femern A/S cannot award the framework agreement to destabilising the situation in Ukraine as amended by Regulation (EU) 576/2022.
Pursuant to Danish Act on The Complaints Board for Public Procurement (Act No 492 of 12.5.2010 with subsequent amendments — available at www.retsinformation.dk) § 7, the following time limits for filing a complaint apply:
1) 45 calendar days after the Contracting Authority has published a Contract Award Notice in the Official Journal of the European Union (with effect from the day following the publication date);
2) 6 months after the contracting authority has sent notification to the tenderers involved that the contracting authority has entered into the framework agreement if the notification included a short account of the relevant reasons for the decision.


Winner: Aregio Consult GmbH
Award value: 1800000
Number of bids: 2