Dredgers

Description

The Fehmarnbelt Fixed Link Project (‘Project’) is the final stage in the realization of a straight traffic corridor between Scandinavia and continental Europe. This will be an immersed tunnel containing 2 dual carriageways and a twin-track railway, subject to plan approvals. It will traverse the 19 km distance across the Fehmarnbelt between Lolland in Denmark and Puttgarden in Northern Germany. The immersed tunnel elements will be manufactured at a pre-designated site at Rødbyhavn on Lolland (‘Production Site’). The principal contracts are: (1) Tunnel Dredging and Reclamation Contract; (2) Tunnel North Contract; (3) Tunnel South Contract; and (4) Tunnel Portals and Ramps Contract. Contract award notices are being simultaneously published in the Official Journal of the European Union for all 4 Principal Contracts. The works to be carried out under the Contract were subject to a call for competition (2012/S 193-317160) and the award and terms of the Contract are in accordance with that procedure (a competitive dialogue). Due to an unforeseen delay in the German Plan Approval process, the Contract will be concluded with the addition of a Condition Precedent. This addition follows the principle stated in the call for competition, Section VI.3) (and similarly PQQ, section 1.3.6) to the effect that the start of the construction is subject to the approval by the German planning authorities. This principle has been maintained throughout the process, including in the Stage 1 invitation and onwards. According to the Condition Precedent, the Contract does not come into full force and effect until the Owner serves a notice with a works commencement date following the German Plan Approval having been obtained (or the Danish Ministry of Transport and Building decides to start the works regardless), and the Contract will automatically lapse no later than 1.1.2022 (the Contract has several possibilities of lapsing earlier) if the Condition Precedent has not been fulfilled by then. The contractor will be compensated for the costs related to the inclusion of the Condition Precedent. Prior to award of the Contract, Femern A/S has discussed the terms of adding the Condition Precedent with all participating bidders in an organized process with written feedback and meetings. The terms of compensating the contractor under the Condition Precedent follow from the result of that process and include a fixed compensation for running costs as well as a capped compensation of other documented costs. Following this, Femern A/S finalized the evaluation, identified the Preferred Bidder (see section V.3)) and awarded the Contract. In connection with the award of the Contract Femern A/S issued a Voluntary ex ante transparency notice (2016/S 048-079338) about the above-mentioned Condition Precedent. Femern A/S has now signed the Contract, including the terms relevant to the Condition Precedent, with the Preferred Bidder.