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Denmark-Copenhagen: Contractor's all-risk insurance services
Section I: Contracting authority
Section II: Object
Construction ‘All Risks’ and Third Party Liability Insurance of the Fehmarnbelt Fixed Link Project — Co-insurance
Femern A/S requires insurance services related to the construction of the Fehmarnbelt Fixed Link comprising:
Lot 1: Construction ‘All Risks’ and third party liability insurance;
Lot 2: Excess third party liability insurance.
The owner has completed a separate procedure calling for tenders from lead insurers for each lot. The lead insurers who were awarded the contracts on each lot are:
Lot 1: SCOR Europe SE (32,5 % capacity);
Lot 2: Chubb European Group SE (30 % capacity).
However, it is noted that the standstill period in the abovementioned tender procedure is still running.
This procurement calls for co-insurers to support the lead insurers. Note that multiple co-insurers will be awarded the contract/share of the Policy on each lot.
The Fehmarnbelt fixed link project will traverse the 18 km distance across the Fehmarnbelt between Lolland in Denmark and Puttgarden in northern Germany. The works covered by the Policy have an estimated value of 5 379 000 000 EUR.
Lot 1 is for co-insurers on construction ‘All Risks’ and third party liability insurance with a ‘Primary’ of 5 000 000 EUR each and every occurrence limit of indemnity.
The co-insurers will support SCOR Europe SE (lead insurer) who was awarded the contract on Lot 1 in the previous tender procedure.
The co-insurers may offer a capacity of up to 40 % (part of the award criteria). Note that the maximum of 40 % capacity is in total, which means that if the tenderer who was awarded the contract (lot 1) as lead insurer in the previous tender procedure (i.e. SCOR Europe SE) wishes to submit tender in this procurement, that tenderer cannot offer a capacity as co-insurer that in total exceeds the maximum capacity of 40 %.
Above dates express the estimated construction period. Should the construction period be extended, the insurance will be extended equally.
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.
Note that co-insurers will support SCOR Europe SE (lead insurer) and that the co-insurers are offering their capacity on the terms stated in the Policy, which is complete and final.
In addition to Section II.2.7), the insurance covers defects/maintenance beyond the end date stated in Section II.2.7), see the tender documents.
Excess Third Party Liability Insurance, Limit of Indemnity 95 000 000 EUR each and Every Occurrence in Excess of 5 000 000 EUR each and Every Occurrence — Co-insurance
Lot 2 is for co-insurers on excess third party liability, limit of indemnity 95 000 000 EUR each and every occurrence in excess of 5 000 000 EUR each and every occurrence.
The co-insurers will support Chubb European Group SE (lead insurer) who was awarded the contract on lot 2 in the previous tender procedure.
The co-insurers may offer a capacity of up to 30 % (part of the award criteria). Note that the maximum of 30 % capacity is in total, which means that if the tenderer who was awarded the contract (lot 2) as lead insurer in the previous tender procedure wishes to submit tender in this procurement, that tenderer cannot offer a capacity as co-insurer that in total exceeds the maximum capacity of 30 %. This means that Chubb European Group SE cannot submit tender on Lot 2.
Note that co-insurers will support Chubb European Group SE (lead insurer) and that the co-insurers are offering their capacity on the terms stated in the Policy, which is complete and final.
In addition to Section II.2.7) the insurance covers defects/maintenance beyond the end date stated in Section II.2.7), see the tender documents.
Section III: Legal, economic, financial and technical information
For the lots 1-2, the tenderers must submit the European Single Procurement Document (‘ESPD’) with the information that the tenderers hold a license from their country’s regulator to write business in Denmark and Germany on a direct basis.
Permissions/authority as listed on the regulator's website will need to be provided.
If the tender is submitted by a joint group of economic operators (e.g. a consortium), all tenderers must hold a license from their country’s regulator to write business in Denmark and Germany on a direct basis.
For the lots 1-2, the tenderers must submit the European Single Procurement Document (‘ESPD’) with information on the tenderer’s financial strength rating. The tenderer should only submit one rating from one rating agency, unless the tenderer is a consortium, in which case every economic entity must submit one rating.
Minimum level(s) of standards possibly required:
For the lots 1-2, the tenderers must hold a financial strength rating of minimum:
— A- (Standard and Poors), or
— B+ (AM Best), or
— A3 (Moody’s), or
— A- (Fitch)
If a tender is submitted by a consortium, the minimum requirement will be met if the lowest financial strength rating among participating entities is the required minimum level or higher.
Section IV: Procedure
Section VI: Complementary information
1) Re 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. Before awarding the lots, the tenderers to whom Femern intends to award one or more lots must provide documentation concerning the information in the ESPD, cf. section 153 of the Danish Public Procurement Act. Femern has prepared the electronic ESPD for the economic operator to fill out. Further description of the request for completion of ESPD see Enclosure A, Guide to ESPD to the tender conditions.
The tenderer may with advantage examine which documentation is sufficient in regard of the information stated in the ESPD, in the event that the tenderer is awarded the contract.
2) Questions concerning the submission of tender can be submitted via the ‘QnA’ section in EU-Supply, where answers will also be made available. Tenderers are encouraged to keep updated on EU-Supply;
3) It is important to Femern to know which insurers are covering the programme and to be able to address the respective insurers directly in the event of a claim. Femern wants to control any facultative reinsurance that may be required. Tenderers will be required to state their capacity and such capacity will be limited to their own treaty reinsurance capacity. Tenderers will not be permitted to specify a capacity that is predicated on facultative reinsurance;
4) If a tenderer intends to subcontract any share of the contract to third parties, but the tenderer does not rely on those contractors, the tenderer must state this information in section D of the ESPD.
5) In addition to Section II.2.5) in both lot 1 and 2 it is noted that the award of contract is based on a 2-step model. After opening of the tenders, the tenderers are divided into 2 pools. The award of the co-insurer policy among tenderers in pool 1 will be based on the best price-quality ratio. The evaluation will be based on the criteria mentioned in Section II.2.5). The award of the co-insurer policy among tenderers in pool 2 will be based on the lowest price. Thus, the criteria ‘Capacity’ and ‘Service’ are not evaluated in pool 2;
6) The contract/share of the Policy is allocated among the tenderers by rank. The last tenderer being awarded a share of the Policy will be awarded what capacity is left. Thus, this tenderer might not be awarded the full contract/share of the Policy offered by the tenderer;
7) The co-insurers will act on their own and will be individually committed to the Owner if awarded a share of the Policy. When the owner refers to ‘Supporting the leader’ it is only to refer to the usual structures, relationships and terms on the market.
Pursuant to the Danish Act on the Complaints Board for Public Procurement the following deadlines apply to the lodging of complaints:
Complaints regarding decisions related to the tender must be submitted to the Danish Complaints Board for Public Procurement within 45 calender days after the contracting authority has published a notice in the Official Journal of the European Union that the contracting authority has entered into a contract. The deadline is calculated from the day after publication of the notice, cf. Section 7(2) in the Act.
No later than at the time of lodging a complaint to the Danish Complaints Board for Public Procurement the complainant must notify the contracting authority in writing that a complaint has been lodged with the Danish Complaints Board for Public Procurement. The complainant must state whether the complaint was lodged within the standstill period. In cases where the complaint was not lodged within the standstill period, the complainant must furthermore state whether it is requested that the complaint is granted suspensory effect.
The e-mail address of the Complaints Board for Public Procurement is set out in Section VI.4.1).
The Complaints Board’s own complaints procedure is available at www. erhvervsstyrelsen.dk