Public procurement notice: Contract Notice
Published: 2025-08-14
Buyer: Femern Bælt A/S
Country: DK
Region: DK011
Contract type: Services
Procedure: Open procedure
CPV classification: 71300000 | 71324000: Quantity surveying services | 71541000: Construction project management services | 79411000 | 79419000
Estimated value: 30000000 EUR
Submission deadline: 2025-09-12
Award criteria: quality, price
EU fund: eu-funds

Technical requirements: see section 135(1), para (2) of the Danish Public Procurement Act.
see section 135(1), para (3) of the Danish Public Procurement Act.
see section 135(1), para (5) of the Danish Public Procurement Act.
see section 135(1), para (1) of the Danish Public Procurement Act.
see section 135(1), para (4) of the Danish Public Procurement Act.

Eligibility requirements: The tenderer must submit the European Single Procurement Document ("ESPD") with the following information. 

- The tenderer's total annual turnover in the three latest financial years available. 

In this procedure, the tenderer may rely on the economic and financial capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their economic and financial capacity available to the tenderer must sign a letter of commitment, see further in the tender specifications. The form is enclosed as an attachment to the tender specifications. 

If the tenderer relies on the economic and financial capacity of other entities in relation to the fulfilment of requirements, see below, the tenderer and the entities in question will be required by the contracting entity to undertake joint and several liability for the performance of the contract. 

The ESPD serves as provisional documentation that the tenderer fulfils the requirements in respect of economic and financial capacity. 

Before the award decision is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate. 

Upon the contracting entity's request, the following documentation of economic and financial capacity must be submitted: 

A statement regarding the operator's overall turnover in the three latest financial years available can be done by submitting the three latest annual report/financial statement, depending on when the operator was established or started trading if the figures for this turnover are available. For groups of operators (e.g. a consortium), the information in the three latest annual report/financial statement available must be submitted for each participating operator in the group. Where an operator relies on the economic and financial capacity of other entities (e.g., a parent company, a sister company or a subcontractor), information for such other entities must be provided as well.

Minimum requirement: As a minimum requirement, a total annual turnover of at least EURO 20,000,000 is required in each of the three latest financial years available (the three latest annual report/financial statement available). If the tenderer relies on the capacities of other entities, the turnover is to be calculated as the total turnover of the tenderer and such other entities in the three latest financial years available. For groups of operators (e.g., a consortium), the turnover is calculated as the total turnover of the operators in the three latest financial years available. The information is to be stated in section IV.B of the ESPD
The tenderer must submit the ESPD with the following information:

A list of the 5 most significant comparable Quantity Surveying Services, cf. the description of the services in this contract notice section 2.1, that the tenderer has carried out in the latest 5 years before the expiry of the deadline for submission of tender. 

Only references relating to services carried out at the time of submission of tender will be given importance in the evaluation of whether the requirements regarding technical and professional capacity have been complied with, see below. Hence, in the case of an ongoing task, only the part of the services already performed at the time of submission of tender will be included in the evaluation of the reference.

Each reference is requested to include a brief description of the deliveries made. The description of the delivery should include a clear description of the project to which the delivery relates and the tenderer's role(s) in the performance of the delivery. The reference is furthermore requested to include the nature of the project (e.g. a construction project or infrastructure project), contractual details (e.g. FIDIC contract and cost-plus or lump sum contract), the financial value of the project (total contract price) and the date of delivery and the name of the customer (recipient).

When indicating the date of the delivery, the tenderer is requested to indicate the date of commencement and finalisation of the delivery. If this is not possible, for example if the tasks were performed on a continuous basis under a framework agreement, the tenderer is asked to indicate how the date is specified. 

No more than 5 references may be stated, irrespective of whether the tenderer is a single operator, whether the tenderer relies on the technical capacity of other entities, or is a group of operators (e.g. a consortium). Where more than 5 references are stated, only the most recent 5 references will be taken into account. Any additional references will be disregarded. If it is not possible to decide which references are the most recent 5 references, the references will be selected by drawing lots. 

In this procedure, the tenderer may rely on the technical capacity of other operators to fulfil the suitability requirements. The operator(s) making its/their technical capacity available to the tenderer must sign a letter of commitment, see further in the tender specifications. The form is enclosed as an attachment to the tender specifications. 

If the tenderer relies on the professional experience of other entities for the performance of specific parts of the services comprised by the contract, such specific parts of the services under the contract must be performed by the entity on which the tenderer relies. 

The ESPD serves as provisional documentation that the tenderer fulfils the requirements in respect of technical and professional capacity. 

Before the award decision is made, the tenderer to whom the contracting entity intends to award the contract must submit documentation that the information stated in the ESPD is accurate. 

No additional documentation of technical and professional capacity will be required from the tenderer. However, the contracting entity reserves the right to contact the tenderer or the customer stated in the reference for verification of the information stated in the reference, including the dates of the reference indicated.

Minimum requirement: 

The following three minimum requirements for technical and professional ability shall apply: 

Minimum requirement (1): 
Documented experience within the last five years with quantity surveying services performed under a FIDIC cost-plus contract related to a construction - or infrastructure project with a total contract price of the project of 1,000,000,000 EUR. 

Minimum requirement (2):
Documented experience within the last five years with quantity surveying services performed under a FIDIC lump sum contract related to a construction - or infrastructure project with a total contract price of the project of 1,000,000,000 EUR.

Minimum requirement (3):
Documented experience within the last five years in preparing  Expert Reports for use in arbitration proceedings under ICC rules and in accordance with IBA Rules on the Taking of Evidence in International Arbitration. For the avoidance of doubt, under this minimum requirement (3), there is no requirement to the nature of the project to which the experience relates. 
 The last five years shall be calculated as the last five years from the deadline of submission of tender.
The contract has incorporated the corporate social responsibility considerations, as appropriate, as laid down in the conventions on the basis of which the principles of the UN Global Compact are worded, cf. Femern A/S’s Code of Conduct (Appendix 4). The contract furthermore lays down requirements pursuant to ILO Convention no. 94 on labour clauses in public contracts and Circular no. 9471 of 30 June 2014, cf. Appendix 4 to the Contract. 

The contract lays down requirements on compliance with the law on processing of personal data.

If the contract is awarded to a group of operators (such as a consortium), the participants of the group must undertake joint and several liability and appoint a joint representative
Reference is made to Appendix A to the Tender Specifications
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: 

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/.
Reference is made to section 5.3 in the Contract
The tenders will be opened in the electronic tendering system. Tenderers are not allowed to attend the opening of tenders.
The electronic tendering system.
Femern A/S is the state-owned project company entrusted with the planning, procurement and delivery of the Fehmarn Belt Fixed Link. Femern A/S is a subsidiary of Sund & Bælt Holding A/S, which is fully owned by the Danish Ministry of Transport.

Femern A/S requires Quantity Surveying services in connection with the implementation the Fehmarn Belt Fixed Link – one of Europe’s largest and most technically ambitious infrastructure projects (hereinafter “the Project”).

The Project comprises the construction of an 18-kilometre immersed tunnel between Rødbyhavn (Denmark) and Puttgarden (Germany) under the Fehmarn Belt. The tunnel will accommodate a four-lane motorway and a double-track electrified railway, significantly reducing travel time and strengthening transport links between Scandinavia and continental Europe.

The works have been divided into a number of contract packages, including: 
1. tunnel dredging and reclamation (TDR Contract); 
2. cut-and-over parts, portal buildings, ramps and light attenuation structures and landside civil engineering (TPR Contract); 
3. the construction of the southern part of the immersed tunnel (TUS Contract); 
4. the construction of the northern part of the immersed tunnel (TUN Contract); and 
5. various packages of mechanical and electrical works; track installation; communications systems; tolling systems; lighting and power systems. (mainly TEM Contract, TPS Contract and TTC Contract).

The contractors engaged on the Project are large international contractors and joint ventures. A list of contractors and other counterparties is stated in Appendix 1 – Scope of Services, section 5. 
 
The contracts are based on FIDIC Silver Book 1999 with a number of amendments.

To support the continued execution and governance of the project, Femern A/S seeks assistance from a highly competent and independent Quantity Surveying (QS) company. The QS will be required to support Femern A/S in in the areas of:
• Professional assessment and negotiation of contractor claims, including delay, disruption and other cost claims
• Structured cost and quantity management 
• High-volume data analysis
• Verification and audit of contractor invoicing under lump sum, remeasured, and cost-plus / time-and-material contracts
• Preparation of Expert Reports for use in formal dispute resolution, including arbitration under ICC rules, and in accordance with IBA Rules on the Taking of Evidence in International Arbitration 
• Cross-examination regarding such Export Reports

Femern A/S has a strong internal project organisation and is supported by a number of Danish and international advisors within technical, legal, environmental, and financial areas. The QS must work in close collaboration with the internal team and external advisors, ensuring accurate cost control, well-founded assessments, and structured documentation.

Although the specific scope and volume of tasks cannot be fully defined in advance – as it depends on the evolving nature of the Project and ongoing dialogue with contractors – a significant need for QS services is expected for the remainder of the project and beyond. The QS provider must be able to mobilise highly qualified resources on short notice.

A non-exhaustive list of expected services is provided in the tender documents – see among others  Appendix 1 (Scope of Services).

Winner: Mercell Holding ASA