Denmark-Copenhagen: Infrastructure works consultancy services
Voluntary ex ante transparency notice
Section I: Contracting authority/entity
Main address: www.bane.dk
Section II: Object
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 (multiconsultancy services) with a joint venture (see Section V.2.3)). 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 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 intended change of provisions to the contract following the re-planning of the signaling programme.
Reference is made to Section II.1.4) above.
As mentioned, in 2009, Banedanmark entered a main consultancy agreement concerning technical consultancy and support (multiconsultancy services) with a joint venture (see Section V.2.3)). This is referred to as the joint venture contract and covers technical multiconsultancy during the completion of the signaling replacement programme (from design to end phase).
In order to ensure that the joint venture contract is fully updated and complies with the new planning set up of the signaling programme, Banedanmark intends to enter into a contract amendment with the Joint Venture, which this notice regards to. The contract amendment will not be concluded/signed before the expiry of a period of 10 days from the date of publication of this notice.
The intended amendment includes the settlement of several contractual issues that have arisen during the term of the contract since its initiation in 2009 and as a result of the re-planning of the national signaling programme. The amendment cover:
(i) clarification as regards the duration of the contract (15.1): in the contract notice from 2009 it was stated that the contract covered multi-disciplinary consultancy services from August/September 2009 to the closing of the signalling programme around 2023. The closing of the signalling programme is now estimated to be in 2030. Consequently, it is clarified in the amendment that the duration of the contract has been updated to cover; ‘the end of the programme, latest by 31.12.2030’. In relation to this, the joint venture is compensated with 50 % of the documented additional costs for the project insurance with a cap of 800 000 DKK;
(ii) Banedanmark’s right to partially terminate the contract (15.2): on at least 3 months notice, Banedanmark can partially terminate tasks inherent in the contract;
(iii) the scope of the contract (17.2): In relation to point (ii), Banedanmark further has the right to award these tasks to another contractor if Banedanmark finds these more capable;
(iv) contractor’s resources (5.3): appointment of new and an updated list of key ressources;
(v) integrated teams: strengthened management of work performed in integrated teams consisting of Banedanmark and joint venture resources. The Joint Venture is compensated with additional 2 FTE’s for this purpose.
Banedanmark finds that the intended amendment does not change the overall purpose and scope of the joint venture contract. The overall scope of the contract is — also if the amendment is entered into — to provide multidisciplinary technical consultancy and service for the completion of the programme (covering tender phase, design, early deployment, roll-out on both the city line S-banen, regional and national lines and programme closing). Further, certain circumstances (the abovementioned) have changed in a way which was not and could not have been foreseen and Banedanmark finds that it is necessary to continue to purchase consultancy services from the joint venture, which since 2009 has built up and obtained unique competences and knowledge of the Danish Signalling Programme. Thus, Banedanmark considers that the intended amendment — with reference to Article 89, Paragraph 1, litra b) and c) of the Utilities Directive (2014/25) — does not constitue a substantial change and is consequently permitted under the public procurement rules. Reference is made to the detailed explanation hereof in Annex D2, Section 3, below.
Banedanmark estimates that the total value of the contract, covering the period from 2009 to 2030, will be approximately 2 900 000 000 DKK.
2014-DK-TM-0300-W “Retrofitment of vehicles with ERTMS baseline 3 – level 2”
2014-DK-TM-0183-W “ERTMS Trackside deployment along the section Copenhagen H – Køge Nord – Ringsted in East Denmark”
Section IV: Procedure
Overall, Banedanmark considers that the intended changes to the ‘Joint Venture Contract’, following the replanning of the Danish signaling programme, do not constitute a substantial change to the contract. Thus, it is Banedanmark’s assessment that the intended amendment — with reference to Article 89, paragraph 1, litra b) (additional supplies) and c) (unforeseen events) of the Utilities Directive (2014/25) — is permitted under the public procurement rules.
The national roll-out of the new signaling programme (ERTMS) in Denmark has included the development of an IT based system. This has covered IT development according to new European standards of a system of which Denmark is a national first-mover. The complexity of the programme has, however, been greater than could have been foreseen, as other similar European ERTMS programmes also show. This has resulted in the re-planning of the national roll-out in Denmark postponing the last roll-out of the ERTMS system from 2023 to 2030.
The joint venture has provided and still is providing critical technical expertise, which is critical for the success of the programme and which would be very difficult for a new contractor to similarly build up. Hence, it would be a vast setback for the signalling programme and extremely resource-demanding and expensive to re-tender the contract. In addition to this, Banedanmark needs the unique competences and knowledge that the joint venture has built up specifically of the Danish signaling programme since 2009 to finish the programme in 2030.
In addition to the abovementioned, the total estimated value of the contract is expected to be approximately 2 900 000 000 DKK.
Section V: Award of contract/concession
Internet address: https://dk.ramboll.com/
Section VI: Complementary information
Regarding Section II.1.7) — 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.
The intended amendment will not be concluded/signed before the expiry of a period of 10 days from the date of publication of this notice.
Regarding Section V.2.4) — the first stated amount (500 000 000-1 000 000 000 DKK) is the estimated value of the contract which was contained in the contract notice from 2009. The second stated amount (2 900 000 000 DKK) is the estimated value of the contract covering the period from 2009 to 2030.
Regarding Section V.2.3) please see the following additional URL's:
http://atkins.dk/?lang=da and https://www.emchberger.ch/de/emchberger-ag-bern and https://www.parsons.com/
Internet address: https://klfu.naevneneshus.dk/
Banedanmark shall follow 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 intended contract amendment will not be concluded before the expiry of 10 calendar days with effect from the day following the date of publication of this 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 and whether the complaint has been lodged during the 10 calendar day period laid down in Section 4 (1) (2). In addition, in cases where the complaint has not been lodged in the said period, the complainant shall also indicate whether or not suspensory effect is requested, see Section 12 (1).
Contact details for the Board of Appeal are set out in Section VI.4.1 above.
The Board of Appeal’s own guidance on complaints is available on the website listed in Section VI.4.1 above.
Internet address: http://www.kfst.dk
Information on certificates required in public procurement in the EU