Fehmarnbelt Fixed Link Project: Tunnel Track & Catenary Contract

The Fehmarnbelt Fixed Link Project is the final stage in the realisation of a straight traffic corridor between Scandinavia and continental Europe. This will be an immersed tunnel containing two dual carriageways and a twin-track railway. It will traverse the 19 km distance across the Fehmarnbelt between Rødby on the island of Lolland in Denmark and Puttgarden on the island of Fehmarn in northern Germany.

Femern A/S requires design, build (installation), testing and commissioning of the Tunnel Track & Catenary (TTC) systems described in section II.2.4). Further, Femern A/S requires maintenance of the systems for a defined period.

The track works under the TTC Contract is expected to cover:

• slab track in the tunnel and ramps (approximately 2 x 19.7 km)

• ballast (or slab) track from the end of the ramps on the approaches on the Danish and German sides (approximately 2 x 3.5 km on the Danish side and 2 x 2.2 km on the German side)

• crossovers on the Danish side (4 no.) and on the German side (4 no.) including point trace heating system

The overhead catenary system works under the TTC Contract is expected to cover:

• overhead catenary system (conductor rail) in the tunnel (approximately 2 x 18.4 km)

• overhead catenary system on the ramps and approaches on the Danish and German sides (approximately 2 x 4 km on the Danish side and 2 x 3 km om the German side)

• connection to the traction power substation on Lolland

• return current and earthing and bonding systems

• overhead line section panels (OberLeitungsSpannungsPrüfeinrichtung) installed in the rail tubes

• system separations

• switchgear installed in the special elements

• uninterrupted power supply system for OLSPs and SCADA type-systems

• fibre cable

Please note that the description of works mentioned above reflect the Contracting Entity’s current understanding of the available solutions and the Contracting Entity is interested in hearing from potential tenderers whether other technical solutions would be suitable as further laid out in the below mentioned document.

In order for entities to consider whether they could in fact be potential tenderers and in order for such potential tenderers to provide relevant input Femern A/S has prepared a document setting out an invitation to a preliminary market consultation. This document further details the specifics of the contract as well as the input requested and the process that will take place. The document can be found at https://docsend.com/view/xq9f5xh2ndn5u88p (password: Fehmarn8459!belt).

Femern A/S expects potential tenderers to prepare written responses to the questions raised in the invitation prior to the deadline set out therein. Following this Femern A/S will arrange bilateral meetings to discuss the responses to the questions and any further input provided by the potential tenderer. Femern A/S expects to be able to offer such meetings to all genuine potential tenderers, however, Femern A/S respectfully reserves the right to limit participation at its sole discretion in the circumstance where Femern A/S receives more than 8 responses. Femern A/S expects to take into account factors such as the quality of the response and the diversity of the participants when limiting the participation. Femern A/S does not intend to include entities which are not potential tenderers and reserves the right to require evidence of the capability to perform works of the nature required.

Please note that Femern A/S will take responses into consideration even if the potential tenderer is unable to partake in a meeting with Femern A/S (either as a result of Femern A/S limiting participation or as a result of the potential tenderer indicating that it is unable to partake in a meeting).

Please note that the date indicated in section II.3 below is only indicative of the earliest possible time a publication of a contract notice could occur.

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.

Fehmarnbelt Fixed Link Project: Tunnel Track & Catenary Contract

The Fehmarnbelt Fixed Link Project is the final stage in the realisation of a straight traffic corridor between Scandinavia and continental Europe. It will be an immersed tunnel containing two dual carriageways and a twin-track railway. It will traverse the 19 km distance across the Fehmarnbelt between Rødby on the island of Lolland in Denmark and Puttgarden on the island of Fehmarn in northern Germany.

Femern A/S requires design, build (installation), testing and commissioning of the Tunnel Track & Catenary (TTC) systems described in section II.2.4). Further, Femern A/S requires maintenance of the systems for a defined period.

Femern A/S is in the process of preparing the tender material for the Tunnel Track and Catenary (TTC) contract. Previously Femern A/S consulted the market in this regard in a notice (2022/S 048-125518).

This notice serves to:

1) create awareness about the upcoming tender;

2) allow further preparations by interested economic operators; and

3) inform the market about developments made since the previous notice.

The TTC contractor will be responsible for the design, build (installation), testing and commissioning of the TTC systems described below. The TTC contractor will also be responsible for the maintenance of the systems for a defined period.

The track works under the TTC contract is expected to cover track 1) in the tunnel and on the ramps (approx. 2 x 19.7 km), 2) from the end of the ramps on the approaches on the Danish and German sides (approx. 2 x 3.5 km and 2 x 2.2 km) and 3) crossovers on the Danish (4 no.) and German (4 no.) sides including point trace heating system.

The overhead catenary system works under the TTC contract is expected to cover the overhead catenary system 1) in the tunnel (approx. 2 x 18.4 km), 2) on the ramps and approaches on the Danish side (approx. 2 x 4 km) and German side (approx. 2 x 3 km), 3) connection to the traction power substation on Lolland, 4) return current and earthing and bonding systems, 5) overhead line section panels installed in the rail tubes, 6) system separations, 7) switchgear installed in the special elements, 8) uninterrupted power supply system for OLSPs and SCADA type-systems and 9) fibre cable.

The design speed for the railway is 200 km/h.

For the area outside the tunnel Femern A/S is currently preparing to require a ballast track solution but does not expect to be prescriptive about the catenary system outside the tunnel. Femern A/S expects to require that the solution for these two are based on technical solutions already in use (on a TSI approved section) at the time of tender to a speed of at least 200 km/h.

Further, Femern A/S is preparing to require a slab track solution inside the tunnel. Similarly, Femern A/S would require such a solution to be based on a technical solution already in use (on a TSI approved section) at the time of tender (possibly also to a speed of at least 200 km/h). Finally, Femern A/S does not expect to be prescriptive about the type of catenary system inside the tunnel and would not require that the catenary system is based on a technical solution already in use (on a TSI approved section) at the time of tender.

In order to further facilitate the preparations of the interested economic operators Femern A/S can inform that it expects the tender to be executed as a competitive procedure with negotiation with a limited number of prequalified participants. Femern A/S expects that the economic and financial standing that will be required of the applicant over the past 3 financial years will be:

(a) a yearly turnover equivalent to the estimated total value (around EUR 200 million); and

(b) an equity ratio (total equity/total assets) of not less than 15 %.

Femern A/S further expects that there will be requirements regarding technical and professional ability in the form of a portfolio of references related to works completed and handed-over to the customer within the latest 5 years that demonstrates:

(a) experience with construction of a track system in a tunnel of approximately 3 km

(b) experience with construction of a slab track system

Please note that the description above reflects Femern A/S’ current expectations to the future tender procedure, but as Femern A/S is still in the preparation phase, the requirements may be different in the contract notice.

The estimated total value stated in section II.1.5) is an overall estimate and could be subject to adjustment prior to release of the contract notice.

Please note that the date indicated in section II.3 below is only indicative of when the publication of a contract notice could occur.

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.

Framework Agreement for Consultancy Services Related to Plan Approval, Interface Management and Land Acquisition in Germany

The Consultant shall assist Femern A/S in relation to the following areas:

- Acquisition of land in Germany as required for the project, including expropriation.

- Potential plan approval or plan amendment procedures including hearing meetings and court cases in Germany.

- Compliance of Contractors’ Design documents with German plan approval requirements.

- General environmental matters, including acquisition and management of eco-accounts.

- Negotiation and conclusion of railway crossing agreements, crossing and usage agreements for utilities as well as licensing agreements.

Fehmarn

The Consultant shall assist Femern A/S in relation to the following areas:

- Acquisition of land in Germany as required for the project, including expropriation.

- Potential plan approval or plan amendment procedures including hearing meetings and court cases in Germany.

- Compliance of Contractors’ Design documents with German plan approval requirements.

- General environmental matters, including acquisition and management of eco-accounts.

- 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.

The tenderer shall complete and submit the ESPD as preliminary documentation for the purpose of assessing whether the below minimum requirements for technical and professional ability are fulfilled. The list of deliveries of services must be inserted under Part IV, C of the ESPD and is the final documentation. No further evidence or documentation regarding technical and professional ability will be requested before Femern A/S awards the Framework Agreement, however Femern A/S reserves the right to contact the customer indicated on each delivery in order to verify the reference.

The ESPD is completed with a list of main deliveries of services carried out within the last 3 years. The overview of each reference should state the amount and time and the public or private recipient, including contact information.

No more than 5 references for deliveries should be listed in the ESPD. If the ESPD contains more than 5 references only the first 5 references will be taken into account. References included in the tenderer’s own ESPD will in this respect be considered the first 5 references.

Femern A/S will disregard one or more of the 5 first references, if 1 or more of these first 5 references are outdated (older than 3 years). In such case Femern A/S will take the next reference on the list into account.

It should be noted that the 5 first valid references in any case shall together fulfil the minimum requirements set out for the technical and professional ability. Therefore Femern A/S will e.g. exclude a tenderer, if the tenderer has submitted 6 valid references, but only the 6th and last reference fulfils the minimum requirements. The same applies if the tenderers first 5 references fulfils one of the minimum requirements, but not both.

In the event that the tenderer is a group of economic operators or a temporary association (consortia, joint venture or the like) the references from the leading operator will be considered the first 5 references. In the event that this provision do not determine the first 5 references Femern Tender A/S will draw lots to elect the first 5 references (tenderers will not be allowed to supervise the draw).

- At least one (1) reference covering services related to German plan approval processes and/or plan amendment processes, performed for a large infrastructure project with a total value (construction budget and various other expenses, including consultancy services) of at least EUR 100 million excl. VAT.

- At least one (1) reference covering land acquisition services performed in Germany for

a large infrastructure project with a total value (construction budget and various other expenses, including consultancy services) of at least EUR 100 million excl. VAT.

It should be noted that one (1) reference can document more than one of the above-

The Service Provider is obliged to deliver the Services on the terms and conditions set out in the Framework Agreement, including Attachment A (CSR clause).

Reference is made to the tender documents.

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 1,8 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.

The complainant must inform the Contracting Authority of the complaint in writing at the latest simultaneously with the lodge of the complaint to The Complaints Board for Public Procurement. The complainant shall state whether the complaint has been lodged in the stand-still period. If the complaint has not been lodged in the standstill period, the complainant must also state whether the complainant has requested that the complaint be granted suspensive effect.

The Complaints Board for Public Procurement's own guidance note concerning complaints is available at the following internet address: https://naevneneshus.dk/start-din-klage/klagenaevnet-for-udbud/vejledning/