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Denmark-Copenhagen: Supply services of personnel including temporary staff

2020/S 127-311215

Contract award notice

Results of the procurement procedure

Services

Legal Basis:
Directive 2014/24/EU

Section I: Contracting authority

I.1)Name and addresses
Official name: Femern Bælt A/S
National registration number: 28986564
Postal address: Vester Søgade 10
Town: København V
NUTS code: DK011 Byen København
Postal code: 1601
Country: Denmark
Contact person: Femern — Anne Bøgh Johansen
E-mail: ajo@femern.dk
Telephone: +45 33414449

Internet address(es):

Main address: https://femern.com/en

I.2)Information about joint procurement
I.4)Type of the contracting authority
Body governed by public law
I.5)Main activity
Other activity: Femern A/S manages the construction and operation of the future fixed link across Fehmern Belt

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

German Authority Persons (APs) contract

II.1.2)Main CPV code
79620000 Supply services of personnel including temporary staff
II.1.3)Type of contract
Services
II.1.4)Short description:

In connection with the offshore construction activities of the Femern Belt Fixed Link project a Vessel Traffic Service, VTS Fehmarnbelt, will be established as a part of the risk control measures. The VTS operators at VTS Fehmarnbelt will be working in co-operation with the VTS operators at VTS Travemünde. VTS Travemünde is an existing VTS operated by the German authorities. As part of VTS Fehmarnbelt the work areas shall be guarded by guard vessels at all times. The guard vessels will be provided, operated and manned by a shipowner/service supplier engaged by Femern A/S. In addition to the normal crew, the guard vessels will have two representatives from the German and Danish maritime authorities (authority persons or APs) onboard (one German and one Danish person). The winner of this tender/contract shall employ the German APs.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 4 895 250.00 EUR
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
71354500 Marine survey services
75240000 Public security, law and order services
76500000 Onshore and offshore services
76520000 Offshore services
79420000 Management-related services
79421000 Project-management services other than for construction work
98360000 Marine services
98361000 Aquatic marine services
98362100 Marine-base support services
II.2.3)Place of performance
NUTS code: DK022 Vest- og Sydsjælland
Main site or place of performance:

Rødbyhavn.

II.2.4)Description of the procurement:

In connection with the offshore construction activities of the Femern Belt Fixed Link project a Vessel Traffic Service, VTS Fehmarnbelt, will be established as a part of the risk control measures. The VTS operators at VTS Fehmarnbelt will be working in co-operation with the VTS operators at VTS Travemünde. VTS Travemünde is an existing VTS operated by the German authorities. As part of VTS Fehmarnbelt the work areas shall be guarded by guard vessels at all times. The guard vessels will be provided, operated and manned by a shipowner/service supplier engaged by Femern A/S. In addition to the normal crew, the guard vessels will have two representatives from the German and Danish maritime authorities (authority persons or APs) onboard (one German and one Danish person). The winner of this tender/contract shall employ the German APs. Two German APs shall be on duty and available at all times during the construction phase (24 hours per day, 7 days a week, 365 days per year). The two German APs, on duty, shall be onboard the two GVs (one German AP on each GV) permanently located offshore in the vicinity of the work areas. The German APs shall work in two shifts per day. The German APs will serve as the German authority person onboard the GVs. The authority persons will act only upon demand and instruction by VTS Fehmarnbelt or VTS Travemünde under the guidance of strictly defined operational procedures (the operational procedures will be developed by the German and Danish VTS authorities). The acts of the German authority persons will be mainly restricted to navigational support such as warning a ship nearing a work area by sound or light signal or establishing a VHF-contact if VTS Fehmarnbelt is unable to do so.

II.2.5)Award criteria
Quality criterion - Name: Solution Description / Weighting: 40
Price - Weighting: 60
II.2.11)Information about options
Options: yes
Description of options:

Femern A/S has the option to extend the duration of the contract according to a number of options which in total sum up to an extension of the contract corresponding to 36 months. Please refer to Section 20.2 of the contract.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: yes
Identification of the project:

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.

II.2.14)Additional information

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.

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Restricted procedure
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2020/S 014-028444
IV.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a prior information notice

Section V: Award of contract

Contract No: 1
Title:

German Authority Persons (APs) contract

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
30/06/2020
V.2.2)Information about tenders
Number of tenders received: 2
Number of tenders received from SMEs: 2
Number of tenders received from tenderers from other EU Member States: 2
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 2
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor
Official name: EMS Maritime Offshore GmbH
National registration number: DE 272127876
Postal address: Zum Borkumanleger 6
Town: Emden
NUTS code: DE942 Emden, Kreisfreie Stadt
Postal code: 26723
Country: Germany
E-mail: info@windea.de
The contractor is an SME: yes
V.2.4)Information on value of the contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: 4 600 000.00 EUR
Lowest offer: 4 895 250.00 EUR / Highest offer: 4 895 250.00 EUR taken into consideration
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

1) The contract contains Labour conditions and CSR requirements.

VI.4)Procedures for review
VI.4.1)Review body
Official name: Klagenævnet for Udbud
Postal address: Nævnenes Hus, Toldboden 2
Town: Viborg
Postal code: 8800
Country: Denmark
E-mail: klfu@naevneneshus.dk
Telephone: +45 72405600

Internet address: https://klfu.naevneneshus.dk/

VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
Precise information on deadline(s) for review procedures:

Pursuant to the Danish Consolidation Act No 593 of 2.6.2016 on the Complaints Board for Public Procurement (available at www.retsinformation.dk), the following time limits for filing a complaint apply:

Complaints regarding a candidate not being pre-qualified must be filed with the Complaints Board for Public Procurement within 20 calendar days starting the day after the contracting authority has sent notification to the candidates involved, cf. § 7(1) of the Act on the Complaints Board for Public Procurement, provided that the notification includes an account of the reasons for the decision.

Other complaints must in accordance with § 7(2) of the Act on the Complaints Board for Public Procurement be filed with The Complaints Board for Public Procurement within:

1) 45 calendar days after the contracting authority has published a contract award notice in the Official Journal of the European Union. The time limit is calculated from the day after the publication date;

2) 30 calendar days starting the day after the contracting authority has notified the tenderers in question, that the contracting authority has entered into a contract based on a framework agreement through reopening of competition or a dynamic purchasing system, provided that the notification includes an account of the reasons for the decision;

3) 6 months after the contracting authority has entered into the framework agreement, calculated starting the day after the contracting authority has sent notification to the candidates and tenderers involved, cf. § 2(2) or § 171(4) of the Public Procurement Act, provided that the notification included an account of the reasons for the decision;

4) 20 calendar days starting the day after the contracting authority has published a notice concerning his decision to uphold the contract, cf. § 185(2) of the Public Procurement Act.

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 stating whether the complaint has been lodged in the stand-still period, cf. § 6(4) of the Act on the Complaints Board for Public Procurement. If the complaint has not been lodged in the stand-still period, the complainant must also state whether it is requested that the appeal is granted delaying effect, cf. § 12(1).

VI.4.4)Service from which information about the review procedure may be obtained
Official name: Konkurrence- og Forbrugerstyrelsen
Postal address: Carl Jacobsens Vej 35
Town: Valby
Postal code: 2500
Country: Denmark
E-mail: kfst@kfst.dk
Telephone: +45 41715000

Internet address: http://www.kfst.dk

VI.5)Date of dispatch of this notice:
01/07/2020

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