23948sdkhjf

Fakta om udbudet

EU-nr
2019/S 202-492727
Offentliggjort
18.10.2019
Udbudstype
Resultat

Udbyder

Banedanmark

Technical Consultancy and Support for the National Signaling Renewal Programme in Denmark (ERTMS Deployment)


Banedanmark

Modification notice

Modification of a contract/concession during its term

Legal Basis:

Directive 2014/25/EU

Section I: Contracting authority/entity

I.1) Name and addresses
Banedanmark
18632276
Carsten Niebuhrs Gade 43
København V
1577
Denmark
Contact person: Lene Kildegaard Graversen
Telephone: +45 21205983
E-mail: lkgr@bane.dk
NUTS code: DK

Internet address(es):

Main address: www.bane.dk

Address of the buyer profile: https://eu.eu-supply.com/ctm/Company/CompanyInformation/Index/281426

Section II: Object

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

Technical Consultancy and Support for the National Signaling Renewal Programme in Denmark (ERTMS Deployment)

II.1.2) Main CPV code
71311300
II.1.3) Type of contract
Services
II.2) Description
II.2.1) Title:

Technical Consultancy and Support for the National Signaling Renewal Programme in Denmark (ERTMS Deployment)

II.2.2) Additional CPV code(s)
71311200
II.2.3) Place of performance
NUTS code: DK0
Main site or place of performance:

Denmark.

II.2.4) Description of the procurement at the time of conclusion of the contract:

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 (multi-consultancy services) with a joint venture (see Section V.2.3). This is referred to as the Joint Venture Contract and covers technical multi-consultancy during the completion of the signaling replacement programme (from design to end phase). 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 DKK 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 changed provisions to the Joint Venture Contract following the re-planning of the signaling programme (see Section VII.2.1).

II.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
End: 31/12/2023
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:

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

IV.2) Administrative information
IV.2.1) Contract award notice concerning this contract
Notice number in the OJ S: 2019/S 184-449435

Section V: Award of contract/concession

Contract No: 1
Title:

Technical Consultancy and Support for the National Signaling Renewal Programme in Denmark (ERTMS Deployment)

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:
07/09/2009
V.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: yes
V.2.3) Name and address of the contractor/concessionaire
Rambøll Danmark A/S, Atkins Danmark A/S, Emch+Berger AG Bern, Parsons Group International Ltd. And Rambøll – Atkins – EMCH + Berger – Parsons Joint Venture
35128417
Hannemanns Allé 53 (Rambøll)
Copenhagen S
2300
Denmark
Telephone: +45 51611000
NUTS code: DK

Internet address: https://dk.ramboll.com/

The contractor/concessionaire is an SME: no
V.2.3) Name and address of the contractor/concessionaire
Rambøll Danmark A/S, Atkins Danmark A/S, Emch+Berger AG Bern, Parsons Group International Ltd. And Rambøll – Atkins – EMCH + Berger – Parsons Joint Venture
35128417
Copenhagen S
2300
Denmark
NUTS code: DK
The contractor/concessionaire is an SME: no
V.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: 1 000 000 000.00 DKK

Section VI: Complementary information

VI.3) Additional information:

Regarding Section VII.1.6) – 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.

Regarding Section V.2.4) and VII.2.3) – in the contract notice from 2009 the estimated value of the contract was stated as 500 000 000 DKK – 1 000 000 000 DKK.

Regarding Section II.2.7) ‘Start’ — The Joint Venture Contract was entered into on 7.9.2009.

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

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:

Banedanmark has followed 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 contract amendment has not be concluded/signed before the expiry of 10 calendar days with effect from the day following the date of publication of the previous 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. In addition, 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.

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

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

VI.5) Date of dispatch of this notice:
13/10/2019

Section VII: Modifications to the contract/concession

VII.1) Description of the procurement after the modifications
VII.1.1) Main CPV code
71311300
VII.1.2) Additional CPV code(s)
71311200
VII.1.3) Place of performance
NUTS code: DK0
Main site or place of performance:

Denmark

VII.1.4) Description of the procurement:

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 (multi-consultancy services) with a joint venture (see section V.2.3). This is referred to as the Joint Venture Contract and covers technical multi-consultancy during the completion of the signaling replacement programme (from design to end phase). 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 DKK 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 changed provisions to the Joint Venture Contract following the re-planning of the signaling programme (see Section VII.2).

VII.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
Start: 07/09/2009
End: 31/12/2030
VII.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 2 900 000 000.00 DKK
VII.1.7) Name and address of the contractor/concessionaire
Rambøll Danmark A/S, Atkins Danmark A/S, Emch+Berger AG Bern, Parsons Group International Ltd. And Rambøll – Atkins – EMCH + Berger – Parsons Joint Venture
35128417
Hannemanns Allé 53 (Rambøll)
Copenhagen S
2300
Denmark
Telephone: +45 51611000
E-mail: TAN@ramboll.dk
NUTS code: DK

Internet address: https://dk.ramboll.com/

The contractor/concessionaire is an SME: no
VII.1.7) Name and address of the contractor/concessionaire
Rambøll Danmark A/S, Atkins Danmark A/S, Emch+Berger AG Bern, Parsons Group International Ltd. And Rambøll – Atkins – EMCH + Berger – Parsons Joint Venture
35128417
Hannemanns Allé 53 (Rambøll)
Copenhagen S
2300
Denmark
E-mail: TAN@ramboll.dk
NUTS code: DK

Internet address: https://dk.ramboll.com/

The contractor/concessionaire is an SME: no
VII.2) Information about modifications
VII.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):

In order to ensure that the Joint Venture Contract is fully updated and complies with the planning set up of the signaling programme, Banedanmark has modified provisions of the Joint Venture Contract, which this notice regards to. The contract amendment has not been concluded/signed before the expiry of a period of 10 calendar days with effect from the day following the date of publication of the previous notice, cf. Section 4 (1) (2) of the Act on the Board of Appeal.

The 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 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.

VII.2.2) Reasons for modification
Need for additional works, services or supplies by the original contractor/concessionaire (Art. 43(1)(b) of Directive 2014/23/EU, Art. 72(1)(b) of Directive 2014/24/EU, Art. 89(1)(b) of Directive 2014/25/EU)
Description of the economic or technical reasons and the inconvenience or duplication of cost preventing a change of contractor:

Banedanmark’s reasons for modification is 2-fold. Thus, both ‘Need for additional works, services or supplies by the original contractor/concessionaire’ and ‘Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee’ apply in the present situation (but the system does not allow one to choose both reasons in this section).

Reference is made to VI.3) Additional Information.

VII.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications and price adaptions and, in the case of Directive 2014/23/EU, average inflation in the Member State concerned)
Value excluding VAT: 1 000 000 000.00 DKK
Total contract value after the modifications
Value excluding VAT: 2 900 000 000.00 DKK

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