HOFOR CC Tender

HOFOR Forsyning Holding P/S (“HOFOR”) hereby invites interested parties to submit a tender for the award of a concession contract re. the 1) right to establish a carbon capture facility (“Facility”) and subsequently extract and utilize CO2 from the flue gas of Amagerværket blok 4 (AMV4) and 2) the establishment …

CPV: 90700000 Environmental services, 42511200 Machinery for liquefying air or other gases, 42514000 Machinery and apparatus for filtering or purifying gases, 42514200 Electrostatic air and gas cleaners, 42521000 Smoke-extraction equipment, 45251000 Construction works for power plants and heating plants, 90720000 Environmental protection
Deadline:
Dec. 6, 2024, noon
Deadline type:
Submitting a bid
Place of execution:
HOFOR CC Tender
Awarding body:
HOFOR Forsyning Holding P/S
Award number:
24.02-10585

1. Buyer

1.1 Buyer

Official name : HOFOR Forsyning Holding P/S
Legal type of the buyer : Body governed by public law
The buyer is a contracting entity
Activity of the contracting authority : General public services

2. Procedure

2.1 Procedure

Title : HOFOR CC Tender
Description : HOFOR Forsyning Holding P/S (“HOFOR”) hereby invites interested parties to submit a tender for the award of a concession contract re. the 1) right to establish a carbon capture facility (“Facility”) and subsequently extract and utilize CO2 from the flue gas of Amagerværket blok 4 (AMV4) and 2) the establishment of a co-ownership of a Joint Company between HOFOR and a private party (“Concessionaire Company”). The Concessionaire Company will be entitled to optimise the sale and use of the carbon to the joint benefit of the parties. The purpose of the Facility is to capture CO2 emissions from the flue gas generated by AMV4, when producing heat and power by burning biomass (wood chips). The right to establish the Facility and subsequently extract and utilize CO2 from AMV4’s flue gas collectively comprises the concession subject. Placement of the Facility may be at a location identified by HOFOR and made available to the Concessionaire Company or another place chosen by the Concessionaire Company. The Joint Company shall establish the Facility either through project financing and/or financing provided by the owners directly or indirectly, leasing if the financing of the project is based on a lease structure or other relevant financing or performance-based delivery model to be decided during the Development Phase. The Joint Company shall be co-owned by HOFOR (minority shareholder with a 30% ownership stake) and the Concessionaire Company (70 % ownership stake). The Facility shall be designed to intake flue gas with a CO2 quantity content in the range between min. 500,000 and up to approx. 900,000 tonnes of CO2 per year from the flue gas of AMV4, which currently has a total annual emission of approx. 1 million tonnes of CO2. Please note that indicative tenders shall be based on a full-scale Facility, cf. appendix 3 and 4 of the Tender Specifications. The full-scale assumption is subject to adjustment within the range indicated in the foregoing during the tender process and after conclusion of the contract(s). Further specification of the possibilities for adjustments is found in the tender material. The Concessionaire Company alone will be entitled – and obliged – to optimise the sale and use of the captured CO2 to the joint benefit of the parties. In this regard, the Concessionaire Company shall be responsible for ensuring sufficient ongoing revenues (financial contributions) to cover the operations of the Facility throughout the concession period and to ensure sufficient accruals for decommissioning costs at the end of the concession period (if relevant). The contractual set up for the project comprises a Main Concession Agreement and the following supporting agreements: Early Works Agreement, Access, Construction and Proximity Agreement, Plot Lease Agreement, Partnership and Shareholder’s Agreement, Flue Gas Availability Agreement, CO2 Offtake Agreement and Critical Systems Operations Agreement The contracts contain provisions on e.g. (1) Principles of Priority governing the relationship between activities under AMV and the Facility respectively allowing for a balanced right of priority. (2) Joint Company shall be a Danish limited company; in Danish: aktieselskab (A/S) (3) Obligation to conduct project maturation activities, including pre-feed and/or feed studies in order for the parties to make the final irrevocable investment decision (FID), which for HOFOR will be related to FID for the project, and which for Concessionaire Company will be related to FID for the entire value chain project. (4) The Partnership and Shareholders’ Agreement governs and regulates the long-term relationship between the parties as shareholders of the Joint Company, defining their rights and obligations to ensure the proper governance, management, and operation of the Joint Company. The Partnership and Shareholders’ Agreement details, inter alia, the terms related to financing, decision-making processes, dividend distribution, restrictions on and processes for share transfers, and other critical matters concerning the Joint Company and its activities, as well as provisions to protect HOFOR as a minority shareholder in the Joint Company. (5) The contracts contain provisions allowing the parties to terminate the project under certain circumstances due to legislative, commercial, financial and/or technical reasons and to agree on certain measures in case of a total breakdown of AMV4 and/or the Facility (6) The liability caps in the contracts are subject to negotiation under the tender procedure and will be determined with certain adjustment measures prior to the deadline for best and final tenders. The contracts will however include a mechanism to allow for subsequent upward adjustment of the set caps by up to 200% if this is a requirement from one or more financing banks. (7) The contract(s) contain provision on a Revenue Sharing mechanism. Furthermore, HOFOR will enter into an internal agreement to ensure HOFOR the necessary rights to fulfil its obligation under the contracts. The tender procedure is subject to the necessary legislative changes in order to allow for HOFORs investments and engagements in achieving strategic goal of carbon capture within the framework of a concession. FID will inter alia be conditioned upon necessary legislative changes being made, including to allow for a potential financial contribution from HOFOR to the Joint Company (if any and if relevant) whether this is in relation to the establishment of the Joint Company or as potential security for any obligations of HOFOR under the Concession Contract (if relevant). Prior to signing of the Concession Contract after award, HOFOR will incorporate a subsidiary “HOFOR CC Holding A/S” which shall be the legal entity entering into the respective contracts. For the purpose of this tender procedure HOFOR A/S will represent HOFOR in the ongoing communication with the Tenderers via the electronic tendering system.
Procedure identifier : 4c5b0407-0dea-4dce-8bce-83e49b47c64c
Previous notice : 78962-2024
Previous notice : 409492-2024
Internal identifier : 24.02-10585
Main features of the procedure : The concession tender process is conducted as an open tender procedure with negotiations under directive 2014/23/EU. The procedure is divided in four phases: Phase 1: Contract Redlining Phase Phase 2: Tender and negotiation Phase (INDO/BAFO) Phase 3: Evaluation of tenders Phase 4: Final negotiations In order to facilitate and incorporate as much market feedback as possible, HOFOR invite all interested Tenderers to submit comments on the published contracts in phase 1 (Contract Redlining). All interested Tenderers are invited to submit comments regarding the tender material in Phase 1. Comments should be submitted at the latest on 18 November 2024. Submitting comments to the tender material is voluntary, however, all Tenderers who have submitted comments within the deadline set out in the foregoing will be invited to participate in a negotiation phase, where the Tenderer and HOFOR will engage in negotiations relating to the submitted comments. The redlining-negotiation phase will take place from the 19th of November 2024 to the 5th of December 2024. Phase 2 begins with the submission of an initial tender (INDO) based on the draft version of the Master Concession Agreement and supporting contracts as well as the tender specifications (regardless of any input provided during the redlining period). The initial tender and ESPD shall be submitted no later than the deadline stated in this notice and the Tender Specifications. Following the receipt of the initial tenders, negotiations with the Tenderers who have submitted an initial tender will be conducted as negotiations/feedback rounds. HOFOR reserves the right to also include other topics in the feedback rounds to the extent this is found relevant in order to ensure more efficient competition and/or compliant tenders. HOFOR explicitly reserves the right to call for one or more initial tenders and to conduct further negotiations/feedback rounds if considered necessary. After having called for final tenders ("BAFO"), HOFOR reserves the right to resume to the feedback rounds and ask the Tenderers for an extra BAFO if this is found to be possible in a given situation under the applicable Public Procurement rules. Phase 3 covers the evaluation of the submitted BAFO(s) and the award of the contract. The award of the contract will take place on the basis of the award criterion best price-quality ratio. HOFOR may in the final phase (phase 4) carry out final clarifications and contract negotiations with the successful Tenderer. Whether or not any negotiations will be conducted is solely at HOFOR’s discretion, and the Tenderers cannot rely on such negotiations being conducted. For further description of the phases, see Tender Specifications.

2.1.1 Purpose

Main nature of the contract : Services
Additional nature of the contract : Works
Main classification ( cpv ): 90700000 Environmental services
Additional classification ( cpv ): 42511200 Machinery for liquefying air or other gases
Additional classification ( cpv ): 42514000 Machinery and apparatus for filtering or purifying gases
Additional classification ( cpv ): 42514200 Electrostatic air and gas cleaners
Additional classification ( cpv ): 42521000 Smoke-extraction equipment
Additional classification ( cpv ): 45251000 Construction works for power plants and heating plants
Additional classification ( cpv ): 90720000 Environmental protection

2.1.2 Place of performance

Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark

2.1.3 Value

Estimated value excluding VAT : 30 000 000 000 Danish krone

2.1.4 General information

Additional information : Participation in the tender procedure may only take place by electronic means via the electronic tendering system. For access to the tender procedure, a Tenderer must be registered or register as a user. All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions regarding initial tenders should be submitted not later than 22 November 2024. Questions asked after this date will be answered if they are received in time for HOFOR to provide the information required and communicate the answers not later than six days before expiry of the deadline for submittal of the initial tenders. Questions received later than six days before expiry of the deadline cannot expect to be answered unless the deadline is also postponed. The deadline for initial tenders is 6 December 2024 at 13:00 (local Danish time). Questions regarding confidential documents that requires an NDA, cf. above, will only be published to Tenderers that have entered into an NDA with HOFOR. Tenderers that enter into an NDA with HOFOR, after HOFOR has answered confidential questions, will receive the confidential Q&A sheet together with the confidential documents. Interested parties are requested to keep updated via the electronic tendering system. If a Tenderer encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com , or telephone (+45) 70 20 80 14. The Tenderer must along with its initial tender submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), para 1 of the Danish Public Procurement Act (“udbudsloven”) (grounds for exclusion) which applies for this procedure as well, cf. Governmental Order no. 1080 of June 29, 2022. It is not necessary for the Tenderer to sign the ESPD document. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. The ESPD document of each participant in the group must be signed by the participant in question. The operator heading the group and submitting the tender is not required to sign its ESPD document. If the Concession 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. When submitting the first initial tender the Tenderers must clearly indicate its identity. Where the Tenderer is a consortium, the identity of each member of the consortium must be clearly stated (e.g. by filling out the “Consortium Declaration” in Appendix 9). Tenderers should be aware that the possibilities for HOFOR to accept changes to the identity of a Tenderer (including e.g. the possibilities for allowing the formation of/or changes to a consortium) after the deadline for submitting INDO is very limited. If the initial tender or the best and final tender contains several versions of the same document, the latest uploaded version will apply. HOFOR will pay no remuneration for participation in the tender. Section 134a of the Danish Public Procurement Act shall apply to this tender procedure. Furthermore, the Tenderer will be excluded from participation in the tender procedure if the Tenderer is subject to the compulsory grounds for exclusion set out in 135 and 136 of the Danish Public Procurement Act, and the exclusion grounds stated in the Danish Public Procurement Act, section 137(1), para 1, 2 and 5 unless the Tenderer has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, cf. Statutory Order no. 1080 of June 29, 2022. The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Hence, trivial matters cannot result in the exclusion of the Tenderer. Several matters which, individually, are less serious in nature may, however, give rise to exclusion of the Tenderer. Before the award decision is made, the Tenderer to whom HOFOR intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act. HOFOR reserves the right to ask for documentation at any time during the tender procedure if this is found to be prudent. It is noted that the procurement is subject to Regulation (EU) No. 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. As part of their initial tender (INDO) Tenderers are obliged to submit a notification/declaration concerning any financial contributions received from third countries, see Article 29 of the Regulation. Tenderers will be obliged to update the notification/declaration upon submission of the best and final tender (BAFO). Attention is also drawn to Article 5k in Regulation (EU) No 833/2014 as later amended which applies for the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). HOFOR may at any time during the tender process require that a Tenderer proves that she are not covered by the prohibition, by requiring a declaration to this effect, see the template uploaded in the electronic tendering system as Appendix 9 , and/or documentation regarding the Tenderer’s and any subcontractors’ place of establishment and ownership. The conclusion of the contracts may be subject to an authorisation requirement pursuant to the Danish Investment Screening Act, cf. consolidated act no. 1256 of 27 October 2023. Tenderers should clarify whether the Tenderer’s conclusion of the contract will be subject to such requirement. Tenderers are advised to seek clarification in due time prior to expected award of the contracts in order to respect the tender timeline in Appendix 2 to the Tender Specifications. Further details are available at https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements. The contract value for the total maximum term of the contracts is estimated to be 20 – 30 bn. DKK, which is calculated on the basis of the accumulated expected income stream from the sale of negative emission credits (CRCs hereafter). This revenue stream is a product of the average annual CO2 capture quantity in the Project multiplied by an expected market price of CRCs multiplied by the number of years in the contract term. As the market for CRCs is relatively immature, there exists a significant, known uncertainty on the expected future sales value, which is why it is reasonable to envisage a wide range in the expected contract value. HOFOR has formed an opinion on the required expected total investment of the Concessionaire Company and reached the conclusion, that the term of the contract will be necessary to ensure a reasonable market return on the invested capital. The performance of the contract must be carried out in compliance with requirements for employment-related considerations as well as other social and environmental considerations. The detailed requirements are set out in the Main Concession Agreement and the supporting agreements. Reg. the evaluation of Price: The purpose of this tender procedure is to expose to competition the right of the Concessionaire Company to establish the Facility and subsequently extract and utilize CO2 from AMV4’s flue gas. Due to the nature of the contract (concession) and as the project will be carried out through a Joint Company to be co-owned by HOFOR and the Concessionaire Company, the nature of the tender is not an ordinary acquisition, where the contracting entity pays an amount for the delivery of goods or services. The “Price” in this tender is hence not an “acquisition price”, but rather the return on investment offered by the Concessionaire Company in the form of the internal rate of return (IRR) of the Joint Company disregarding the financing structure. Thus, it will be the offered IRR that forms one element in the price competition in this tender process. The other element is an offered Multiplier as an economic element in case of non-compliance under the contract(s), which will allow for compensation for certain damages. The evaluation model is set out in more detail in the Tender Specifications and appendices. Reg. the negotiation process: The purpose of the negotiations is to ensure that the Concession Contract accommodates mutual interests in and a long-term partnership on a commercial basis, and that this is ensured via a market conform tender material, optimal competition for the Concession Contract and compliant tenders. Taking this purpose of the negotiations into consideration, HOFOR may during the tender process decide to update and adjust the tender documents, if HOFOR, based on the feedback from the Tenderers, is convinced that such changes may result in a better balance of the partnership and/or compliant tenders. Hence, it is not expected that the final terms of the contract(s) - and any choice within the ranges stated in the contract(s) - will favor one party alone. The scope of the negotiations and subsequent possible changes to the tender material is set out in more detail in the Tender Specifications.
Legal basis :
Directive 2014/23/EU
32014L0023 - Directive 2014/23/EU
Governmental order no 1080 of 29 July 2022 on the award of concession contracts - Governmental order no 1080 of 29 July 2022 on the award of concession contracts, transposes directive 2014/23/EU into Danish law.

2.1.6 Grounds for exclusion

Analogous situation like bankruptcy under national law : see section 137(1), para (2) of the Danish Public Procurement Act.
Bankruptcy : see section 137(1), para (2) of the Danish Public Procurement Act.
Corruption : see section 135(1), para (2) of the Danish Public Procurement Act.
Arrangement with creditors : see section 137(1), para (2) of the Danish Public Procurement Act.
Participation in a criminal organisation : see section 135(1), para (1) of the Danish Public Procurement Act.
Breaching of obligations in the fields of environmental law : see section 137(1), para (1) of the Danish Public Procurement Act.
Money laundering or terrorist financing : see section 135(1), para (5) of the Danish Public Procurement Act.
Fraud : see section 135(1), para (3) of the Danish Public Procurement Act.
Child labour and other forms of trafficking in human beings : see section 135(1), para (6) of the Danish Public Procurement Act.
Insolvency : see section 137(1), para (2) of the Danish Public Procurement Act.
Breaching of obligations in the fields of labour law : see section 137(1), para (1) of the Danish Public Procurement Act.
Assets being administered by liquidator : see section 137(1), para (2) of the Danish Public Procurement Act.
Guilty of misrepresentation, withheld information, unable to provide required documents and obtained confidential information of this procedure : see section 136, para (3) of the Danish Public Procurement Act, and the tenderer has undertaken to unduly influence the decision-making process of the contracting entity, where the tenderer has obtained confidential information that may confer upon it undue advantages in the procurement procedure, or where the tenderer has grossly negligently provided misleading information that may have a material influence on decisions concerning exclusion or award of contract, see section 137(1), para (5).
Conflict of interest due to its participation in the procurement procedure : see section 136, para (1) of the Danish Public Procurement Act.
Direct or indirect involvement in the preparation of this procurement procedure : see section 136, para (2) of the Danish Public Procurement Act.
Guilty of grave professional misconduct : see section 136, para (4) of the Danish Public Procurement Act.
Breaching of obligations in the fields of social law : see section 137(1), para (1) of the Danish Public Procurement Act.
Payment of social security contributions : see section 135(3) of the Danish Public Procurement Act.
Business activities are suspended : see section 137(1), para (2) of the Danish Public Procurement Act.
Payment of taxes : see section 135(3) of the Danish Public Procurement Act.
Terrorist offences or offences linked to terrorist activities : see section 135(1), para (4) of the Danish Public Procurement Act.

5. Lot

5.1 Lot technical ID : LOT-0000

Title : HOFOR CC Tender
Description : HOFOR Forsyning Holding P/S (“HOFOR”) hereby invites interested parties to submit a tender for the award of a concession contract re. the 1) right to establish a carbon capture facility (“Facility”) and subsequently extract and utilize CO2 from the flue gas of Amagerværket blok 4 (AMV4) and 2) the establishment of a co-ownership of a Joint Company between HOFOR and a private party (“Concessionaire Company”). The Concessionaire Company will be entitled to optimise the sale and use of the carbon to the joint benefit of the parties. The purpose of the Facility is to capture CO2 emissions from the flue gas generated by AMV4, when producing heat and power by burning biomass (wood chips). The right to establish the Facility and subsequently extract and utilize CO2 from AMV4’s flue gas collectively comprises the concession subject. Placement of the Facility may be at a location identified by HOFOR and made available to the Concessionaire Company or another place chosen by the Concessionaire Company. The Joint Company shall establish the Facility either through project financing and/or financing provided by the owners directly or indirectly, leasing if the financing of the project is based on a lease structure or other relevant financing or performance-based delivery model to be decided during the Development Phase. The Joint Company shall be co-owned by HOFOR (minority shareholder with a 30% ownership stake) and the Concessionaire Company (70 % ownership stake). The Facility shall be designed to intake flue gas with a CO2 quantity content in the range between min. 500,000 and up to approx. 900,000 tonnes of CO2 per year from the flue gas of AMV4, which currently has a total annual emission of approx. 1 million tonnes of CO2. Please note that indicative tenders shall be based on a full-scale Facility, cf. appendix 3 and 4 of the Tender Specifications. The full-scale assumption is subject to adjustment within the range indicated in the foregoing during the tender process and after conclusion of the contract(s). Further specification of the possibilities for adjustments is found in the tender material. The Concessionaire Company alone will be entitled – and obliged – to optimise the sale and use of the captured CO2 to the joint benefit of the parties. In this regard, the Concessionaire Company shall be responsible for ensuring sufficient ongoing revenues (financial contributions) to cover the operations of the Facility throughout the concession period and to ensure sufficient accruals for decommissioning costs at the end of the concession period (if relevant). The contractual set up for the project comprises a Main Concession Agreement and the following supporting agreements: Early Works Agreement, Access, Construction and Proximity Agreement, Plot Lease Agreement, Partnership and Shareholder’s Agreement, Flue Gas Availability Agreement, CO2 Offtake Agreement and Critical Systems Operations Agreement The contracts contain provisions on e.g. (1) Principles of Priority governing the relationship between activities under AMV and the Facility respectively allowing for a balanced right of priority. (2) Joint Company shall be a Danish limited company; in Danish: aktieselskab (A/S) (3) Obligation to conduct project maturation activities, including pre-feed and/or feed studies in order for the parties to make the final irrevocable investment decision (FID), which for HOFOR will be related to FID for the project, and which for Concessionaire Company will be related to FID for the entire value chain project. (4) The Partnership and Shareholders’ Agreement governs and regulates the long-term relationship between the parties as shareholders of the Joint Company, defining their rights and obligations to ensure the proper governance, management, and operation of the Joint Company. The Partnership and Shareholders’ Agreement details, inter alia, the terms related to financing, decision-making processes, dividend distribution, restrictions on and processes for share transfers, and other critical matters concerning the Joint Company and its activities, as well as provisions to protect HOFOR as a minority shareholder in the Joint Company. (5) The contracts contain provisions allowing the parties to terminate the project under certain circumstances due to legislative, commercial, financial and/or technical reasons and to agree on certain measures in case of a total breakdown of AMV4 and/or the Facility (6) The liability caps in the contracts are subject to negotiation under the tender procedure and will be determined with certain adjustment measures prior to the deadline for best and final tenders. The contracts will however include a mechanism to allow for subsequent upward adjustment of the set caps by up to 200% if this is a requirement from one or more financing banks. (7) The contract(s) contain provision on a Revenue Sharing mechanism. Furthermore, HOFOR will enter into an internal agreement to ensure HOFOR the necessary rights to fulfil its obligation under the contracts. The tender procedure is subject to the necessary legislative changes in order to allow for HOFORs investments and engagements in achieving strategic goal of carbon capture within the framework of a concession. FID will inter alia be conditioned upon necessary legislative changes being made, including to allow for a potential financial contribution from HOFOR to the Joint Company (if any and if relevant) whether this is in relation to the establishment of the Joint Company or as potential security for any obligations of HOFOR under the Concession Contract (if relevant). Prior to signing of the Concession Contract after award, HOFOR will incorporate a subsidiary “HOFOR CC Holding A/S” which shall be the legal entity entering into the respective contracts. For the purpose of this tender procedure HOFOR A/S will represent HOFOR in the ongoing communication with the Tenderers via the electronic tendering system.
Internal identifier : 24.02-10585

5.1.1 Purpose

Main nature of the contract : Services
Additional nature of the contract : Works
Main classification ( cpv ): 90700000 Environmental services
Additional classification ( cpv ): 42511200 Machinery for liquefying air or other gases
Additional classification ( cpv ): 42514000 Machinery and apparatus for filtering or purifying gases
Additional classification ( cpv ): 42514200 Electrostatic air and gas cleaners
Additional classification ( cpv ): 42521000 Smoke-extraction equipment
Additional classification ( cpv ): 45251000 Construction works for power plants and heating plants
Additional classification ( cpv ): 90720000 Environmental protection

5.1.2 Place of performance

Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Additional information :

5.1.3 Estimated duration

Duration : 455 Month

5.1.4 Renewal

Maximum renewals : 1
The buyer reserves the right for additional purchases from the contractor, as described here : If the technical lifetime of the combined heat and power plant Amagerværket, unit 4, situated at Vindmøllevej 48, 2300 København S, Denmark (AMV4) is extended, the term of the concession may be extended at HOFOR’s request by up to ten (10) years by mutual agreement by the Parties, subject to a three (3) Year prior notice by HOFOR. After termination of the MCA, the Joint Company will have to decommission the plant within a specified period.

5.1.5 Value

Estimated value excluding VAT : 30 000 000 000 Danish krone

5.1.6 General information

Reserved participation : Participation is not reserved.
Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA) : no
Information about previous notices :
Identifier of the previous notice : 413225-2024
Identifier of the previous notice : 563020-2024
Additional information : Participation in the tender procedure may only take place by electronic means via the electronic tendering system. For access to the tender procedure, a Tenderer must be registered or register as a user. All communication in connection with the tender procedure, including questions and answers, must take place through the electronic tendering system. Questions regarding initial tenders should be submitted not later than 22 November 2024. Questions asked after this date will be answered if they are received in time for HOFOR to provide the information required and communicate the answers not later than six days before expiry of the deadline for submittal of the initial tenders. Questions received later than six days before expiry of the deadline cannot expect to be answered unless the deadline is also postponed. The deadline for initial tenders is 6 December 2024 at 13:00 (local Danish time). Questions regarding confidential documents that requires an NDA, cf. above, will only be published to Tenderers that have entered into an NDA with HOFOR. Tenderers that enter into an NDA with HOFOR, after HOFOR has answered confidential questions, will receive the confidential Q&A sheet together with the confidential documents. Interested parties are requested to keep updated via the electronic tendering system. If a Tenderer encounters problems with the system, please contact support by e-mail, dksupport@eu-supply.com , or telephone (+45) 70 20 80 14. The Tenderer must along with its initial tender submit an ESPD as preliminary documentation of the circumstances set out in section 148(1), para 1 of the Danish Public Procurement Act (“udbudsloven”) (grounds for exclusion) which applies for this procedure as well, cf. Governmental Order no. 1080 of June 29, 2022. It is not necessary for the Tenderer to sign the ESPD document. For groups of operators (e.g. a consortium), a separate ESPD must be submitted for each participating operator. The ESPD document of each participant in the group must be signed by the participant in question. The operator heading the group and submitting the tender is not required to sign its ESPD document. If the Concession 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. When submitting the first initial tender the Tenderers must clearly indicate its identity. Where the Tenderer is a consortium, the identity of each member of the consortium must be clearly stated (e.g. by filling out the “Consortium Declaration” in Appendix 9). Tenderers should be aware that the possibilities for HOFOR to accept changes to the identity of a Tenderer (including e.g. the possibilities for allowing the formation of/or changes to a consortium) after the deadline for submitting INDO is very limited. If the initial tender or the best and final tender contains several versions of the same document, the latest uploaded version will apply. HOFOR will pay no remuneration for participation in the tender. Section 134a of the Danish Public Procurement Act shall apply to this tender procedure. Furthermore, the Tenderer will be excluded from participation in the tender procedure if the Tenderer is subject to the compulsory grounds for exclusion set out in 135 and 136 of the Danish Public Procurement Act, and the exclusion grounds stated in the Danish Public Procurement Act, section 137(1), para 1, 2 and 5 unless the Tenderer has submitted sufficient documentation of its reliability in accordance with section 138 of the Danish Public Procurement Act, cf. Statutory Order no. 1080 of June 29, 2022. The voluntary grounds for exclusion are applied while complying with the principle of proportionality. Hence, trivial matters cannot result in the exclusion of the Tenderer. Several matters which, individually, are less serious in nature may, however, give rise to exclusion of the Tenderer. Before the award decision is made, the Tenderer to whom HOFOR intends to award the contract must provide documentation of the information submitted in the ESPD pursuant to sections 151-152, cf. section 153 of the Danish Public Procurement Act. HOFOR reserves the right to ask for documentation at any time during the tender procedure if this is found to be prudent. It is noted that the procurement is subject to Regulation (EU) No. 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market. As part of their initial tender (INDO) Tenderers are obliged to submit a notification/declaration concerning any financial contributions received from third countries, see Article 29 of the Regulation. Tenderers will be obliged to update the notification/declaration upon submission of the best and final tender (BAFO). Attention is also drawn to Article 5k in Regulation (EU) No 833/2014 as later amended which applies for the tender procedure. The provision contains a prohibition against award of contracts to Russian companies and Russian controlled companies etc. (reference is made to Article 5k, section 1, for the exact delimitation of the actors covered by the prohibition). HOFOR may at any time during the tender process require that a Tenderer proves that she are not covered by the prohibition, by requiring a declaration to this effect, see the template uploaded in the electronic tendering system as Appendix 9 , and/or documentation regarding the Tenderer’s and any subcontractors’ place of establishment and ownership. The conclusion of the contracts may be subject to an authorisation requirement pursuant to the Danish Investment Screening Act, cf. consolidated act no. 1256 of 27 October 2023. Tenderers should clarify whether the Tenderer’s conclusion of the contract will be subject to such requirement. Tenderers are advised to seek clarification in due time prior to expected award of the contracts in order to respect the tender timeline in Appendix 2 to the Tender Specifications. Further details are available at https://businessindenmark.virk.dk/guidance/erst-activities-covered-by-the-investment-screening-act/Special-financial-agreements. The contract value for the total maximum term of the contracts is estimated to be 20 – 30 bn. DKK, which is calculated on the basis of the accumulated expected income stream from the sale of negative emission credits (CRCs hereafter). This revenue stream is a product of the average annual CO2 capture quantity in the Project multiplied by an expected market price of CRCs multiplied by the number of years in the contract term. As the market for CRCs is relatively immature, there exists a significant, known uncertainty on the expected future sales value, which is why it is reasonable to envisage a wide range in the expected contract value. HOFOR has formed an opinion on the required expected total investment of the Concessionaire Company and reached the conclusion, that the term of the contract will be necessary to ensure a reasonable market return on the invested capital. The performance of the contract must be carried out in compliance with requirements for employment-related considerations as well as other social and environmental considerations. The detailed requirements are set out in the Main Concession Agreement and the supporting agreements. Reg. the evaluation of Price: The purpose of this tender procedure is to expose to competition the right of the Concessionaire Company to establish the Facility and subsequently extract and utilize CO2 from AMV4’s flue gas. Due to the nature of the contract (concession) and as the project will be carried out through a Joint Company to be co-owned by HOFOR and the Concessionaire Company, the nature of the tender is not an ordinary acquisition, where the contracting entity pays an amount for the delivery of goods or services. The “Price” in this tender is hence not an “acquisition price”, but rather the return on investment offered by the Concessionaire Company in the form of the internal rate of return (IRR) of the Joint Company disregarding the financing structure. Thus, it will be the offered IRR that forms one element in the price competition in this tender process. The other element is an offered Multiplier as an economic element in case of non-compliance under the contract(s), which will allow for compensation for certain damages. The evaluation model is set out in more detail in the Tender Specifications and appendices. Reg. the negotiation process: The purpose of the negotiations is to ensure that the Concession Contract accommodates mutual interests in and a long-term partnership on a commercial basis, and that this is ensured via a market conform tender material, optimal competition for the Concession Contract and compliant tenders. Taking this purpose of the negotiations into consideration, HOFOR may during the tender process decide to update and adjust the tender documents, if HOFOR, based on the feedback from the Tenderers, is convinced that such changes may result in a better balance of the partnership and/or compliant tenders. Hence, it is not expected that the final terms of the contract(s) - and any choice within the ranges stated in the contract(s) - will favor one party alone. The scope of the negotiations and subsequent possible changes to the tender material is set out in more detail in the Tender Specifications.

5.1.9 Selection criteria

Criterion :
Type : Economic and financial standing
Criterion :
Type : Suitability to pursue the professional activity
Criterion :
Type : Technical and professional ability

5.1.10 Award criteria

Criterion :
Type : Price
Name : Price
Description : Prices will be evaluated on the basis of the overall offered return (IRR) on the investment in the Joint Company and the offered Multiplier as stated in Appendix 3 of the Tender Specifications. The final weight of the Price criterion will be finally determined within a range of 25-49% prior to the deadline for final tenders.
Weight (percentage, middle of a range) : 37
Criterion :
Type : Quality
Name : Quality
Description : Quality - evaluated on the basis of the following sub-sub-criteria: - Project Proposal - Methods, tools and procedures to mitigate HSE incidents and incorporate CSR The final weight of the Quality criterion will be finally determined within a range of 51-75% prior to the deadline for final tenders.
Weight (percentage, middle of a range) : 63
Description of the method to be used if weighting cannot be expressed by criteria :
Justification for not indicating the weighting of the award criteria :

5.1.11 Procurement documents

Languages in which the procurement documents are officially available : English
Deadline for requesting additional information : 22/11/2024 22:55 +00:00

5.1.12 Terms of procurement

Terms of submission :
Electronic submission : Required
Languages in which tenders or requests to participate may be submitted : English
Variants : Not allowed
Deadline for receipt of tenders : 06/12/2024 12:00 +00:00
Terms of contract :
The execution of the contract must be performed within the framework of sheltered employment programmes : No
Conditions relating to the performance of the contract : It is expected that HOFOR through a SPV (“Subsidy SPV”) will apply for pre-qualification as a tenderer for the Danish carbon capture and storage subsidy regime tendered by the Danish Energy Agency (“Subsidy Pre-Qualification”). If the successful tenderer’s (Concessionaire Company’s) tender assumes public subsidy funding through the carbon capture and storage subsidy regime tendered by the Danish Energy Agency, the Concessionaire Company shall be obliged to participate in such public subsidies tender by using the Subsidy SPV. See the tender material for further information and requirements. Information security and resilience is a priority for HOFOR Group, and in addition HOFOR expects that selected entities and activities in HOFOR Group will be covered by the Danish implementation of the NIS2-directive and CER-directive. The contract(s) will include terms and requirements that reflect this.
A non-disclosure agreement is required : yes
Additional information about the non-disclosure agreement : The Tenderer must sign a Non-disclosure Agreement (NDA) to get access to some of the documents in the tender material. This includes background information (Package B), contractual documents (Package C) and appendices to the Tender Specifications (Package A.2), incl. overview of the commercial model, the calculation model and the business case model. The Tender Specifications, including Appendix 1-3, 6 and 8-11 (Package A.1) will be available without NDA. A template of the NDA is available for download in the electronic tendering system as Appendix 11 in Package A.1. Once completed and signed the NDA must be submitted to HOFOR using the "Messaging" function in the electronic tendering system, EU-Supply. HOFOR reserves the right to refuse to enter into an NDA with a Tenderer who HOFOR considers to be in a conflict of interest, cf. the information on grounds for exclusion of this Concession Notice and the Public Procurement Act section 136 (1), cf. the statutory order on the award of concession contracts section 5 (in Danish: Bekendtgørelse om tildeling af koncessionskontrakter nr. 1080 af 29/06/2022 § 5). Once the NDA has been signed by both parties, HOFOR will forward the documents (Package A.2, B and C) in the electronic tendering system.
Electronic invoicing : Required
Electronic ordering will be used : no
Electronic payment will be used : yes
Financial arrangement : HOFOR will only sign the Concession Contract provided the successful tenderer delivers the guarantee required pursuant to Clause 7.1 [Concessionaire’s Obligations] of the MCA at the latest on the signing date, in a duly executed, valid and binding form and in accordance with the template set out in Schedule MCA-4 (Form of Parent Company Guarantee). If the successful tenderer is not able to provide the required guarantee at the latest on the signing date, HOFOR reserves the right to withdraw the award decision and award the Concession Contract to the second-best tenderer. Further, essential financial requirements are stated in the contracts, especially in the CO2 offtake Agreement. Leasing is allowed as financing for the Facility, with contract adjustments to accommodate the leasing model, provided these changes do not materially alter the risk distribution between the Concessionaire Company and HOFOR.
Information about review deadlines : 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 klfu@naevneneshus.dk . The Complaints Board’s own complaints procedure is available at https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/.

5.1.16 Further information, mediation and review

Review organisation : Klagenævnet for Udbud
Organisation providing additional information about the procurement procedure : HOFOR Forsyning Holding P/S
Organisation providing more information on the review procedures : Konkurrence- og Forbrugerstyrelsen
TED eSender : Mercell Holding ASA

8. Organisations

8.1 ORG-0001

Official name : HOFOR Forsyning Holding P/S
Registration number : 26853605
Postal address : Ørestads Boulevard 35
Town : København S
Postcode : 2300
Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Contact point : Søren Thaaning Pedersen
Telephone : +4527955012
Internet address : http://www.hofor.dk/
Roles of this organisation :
Buyer
Organisation providing additional information about the procurement procedure

8.1 ORG-0002

Official name : Klagenævnet for Udbud
Registration number : 37795526
Postal address : Nævnenes Hus, Toldboden 2
Town : Viborg
Postcode : 8800
Country subdivision (NUTS) : Vestjylland ( DK041 )
Country : Denmark
Telephone : +45 72405600
Internet address : http://www.naevneneshus.dk
Roles of this organisation :
Review organisation

8.1 ORG-0003

Official name : Konkurrence- og Forbrugerstyrelsen
Registration number : 10294819
Postal address : Carl Jacobsens Vej 35
Town : Valby
Postcode : 2500
Country subdivision (NUTS) : Byen København ( DK011 )
Country : Denmark
Telephone : +45 41715000
Internet address : http://www.kfst.dk
Roles of this organisation :
Organisation providing more information on the review procedures

8.1 ORG-0004

Official name : Mercell Holding ASA
Registration number : 980921565
Postal address : Askekroken 11
Town : Oslo
Postcode : 0277
Country subdivision (NUTS) : Oslo ( NO081 )
Country : Norway
Contact point : eSender
Telephone : +47 21018800
Fax : +47 21018801
Internet address : http://mercell.com/
Roles of this organisation :
TED eSender

11. Notice information

11.1 Notice information

Notice identifier/version : f7b6766f-5b59-4ac7-8d72-780d8352509b - 01
Form type : Competition
Notice type : Contract or concession notice – standard regime
Notice dispatch date : 04/11/2024 20:51 +00:00
Notice dispatch date (eSender) : 04/11/2024 21:30 +00:00
Languages in which this notice is officially available : English

11.2 Publication information

Notice publication number : 00675715-2024
OJ S issue number : 216/2024
Publication date : 06/11/2024