Licitation

1.1.

Køber

Officielt navn: HOFOR CC Holding A/S

E-mail: sotp@hofor.dk

2.1.

Procedure

Titel: VCC Marketing Agreement

Beskrivelse: HOFOR CC HOLDING A/S (“HOFOR”) has decided to pursue a BECCS project to capture carbon dioxide from the flue gas from the combined heat and power plant unit 4 (AMV4), which includes the design, construction, operation and ownership of a carbon capture facility on the property at or adjacent to Amagerværket, and the development and management of the related upstream and downstream value chain activities on arms-length commercial terms with a view of undertaking the BECCS project with or without a joint venture partner ("Project"). In this respect HOFOR intends to enter into a marketing agreement with Carbon Removals Denmark A/S, a company forming part of the wider Elimini group, to provide services for the marketing and sale of the Project's Verified Carbon Credits (“VCCs”) to VCC buyers against payment from HOFOR. The services to be provided include the development and completion of a sales and marketing plan, creation and implementation of marketing materials, leading and drafting agreements with prospective VCC buyers, leading the handling of the due diligence process vis-à-vis prospective VCC buyers, and the development and completion of a Project Design Document including leading the validation process. HOFOR and Carbon Removals Demark A/S intend, subject to relevant approvals, for the Project to be developed using a special purpose vehicle (the “Project SPV”), with HOFOR having a controlling interest in the Project SPV. The parties intend for the Project SPV to be the relevant counterparty in respect of all contracts with suppliers, contractors and VCC buyers entered into for the Project. The VCC Marketing Agreement mandates Carbon Removals Denmark A/S - on behalf of HOFOR and the Project SPV - to market and sell VCCs from the Project to VCC buyers. Carbon Removals Denmark A/S is to prepare sales materials, information data room, assists on Q&As from VCC buyers, prepare term sheets and sales agreements, and lead and negotiate sales for HOFOR and the Project SPV. The fees payable by HOFOR CC HOLDING A/S to Carbon Removals Denmark A/S under the VCC Marketing Agreement consist of monthly fees for Carbon Removals Denmark A/S’ sales activities, commission fees for completed sales and delivery of VCCs to VCC buyers, payment of pass-through costs, fees for the preparation and validation of the Project Design Document and payment of termination fees in certain situations. The value of the VCC Marketing Agreement cannot be established at this point, as the value depends on the volume and price of VCCs sold based on Carbon Removals Denmark A/S’ marketing and sales activities. The VCC Marketing Agreement is expected to commence at signing and will continue until terminated by either party. The VCC Marketing Agreement relates to the participation by HOFOR, through its subsidiary HOFOR DSS SPV A/S in the Danish Energy Agency's CCS-subsidy tender, cf. Contract Notice No. 604064-2024 of 8 October 2024.

Identifikator for proceduren: a1da6bf8-12dd-469a-9d57-ff570a049b97

Udbudsprocedure: Udbud med forhandling uden forudgående offentliggørelse

2.1.1.

Formål

Kontraktens hovedformål: Tjenesteydelser

Primær klassifikation (cpv): 90700000 Tjenester på miljøområdet

2.1.2.

Udførelsessted

Land: Danmark

Hvor som helst i det pågældende land

2.1.4.

Generelle oplysninger

Retsgrundlag:

Anden

5.1.

Delkontrakt: LOT-0001

Titel: VCC Marketing Agreement

Beskrivelse: HOFOR CC HOLDING A/S (“HOFOR”) has decided to pursue a BECCS project to capture carbon dioxide from the flue gas from the combined heat and power plant unit 4 (AMV4), which includes the design, construction, operation and ownership of a carbon capture facility on the property at or adjacent to Amagerværket, and the development and management of the related upstream and downstream value chain activities on arms-length commercial terms with a view of undertaking the BECCS project with or without a joint venture partner ("Project"). In this respect HOFOR intends to enter into a marketing agreement with Carbon Removals Denmark A/S, a company forming part of the wider Elimini group, to provide services for the marketing and sale of the Project's Verified Carbon Credits (“VCCs”) to VCC buyers against payment from HOFOR. The services to be provided include the development and completion of a sales and marketing plan, creation and implementation of marketing materials, leading and drafting agreements with prospective VCC buyers, leading the handling of the due diligence process vis-à-vis prospective VCC buyers, and the development and completion of a Project Design Document including leading the validation process. HOFOR and Carbon Removals Demark A/S intend, subject to relevant approvals, for the Project to be developed using a special purpose vehicle (the “Project SPV”), with HOFOR having a controlling interest in the Project SPV. The parties intend for the Project SPV to be the relevant counterparty in respect of all contracts with suppliers, contractors and VCC buyers entered into for the Project. The VCC Marketing Agreement mandates Carbon Removals Denmark A/S - on behalf of HOFOR and the Project SPV - to market and sell VCCs from the Project to VCC buyers. Carbon Removals Denmark A/S is to prepare sales materials, information data room, assists on Q&As from VCC buyers, prepare term sheets and sales agreements, and lead and negotiate sales for HOFOR and the Project SPV. The fees payable by HOFOR CC HOLDING A/S to Carbon Removals Denmark A/S under the VCC Marketing Agreement consist of monthly fees for Carbon Removals Denmark A/S’ sales activities, commission fees for completed sales and delivery of VCCs to VCC buyers, payment of pass-through costs, fees for the preparation and validation of the Project Design Document and payment of termination fees in certain situations. The value of the VCC Marketing Agreement cannot be established at this point, as the value depends on the volume and price of VCCs sold based on Carbon Removals Denmark A/S’ marketing and sales activities. The VCC Marketing Agreement is expected to commence at signing and will continue until terminated by either party. The VCC Marketing Agreement relates to the participation by HOFOR, through its subsidiary HOFOR DSS SPV A/S in the Danish Energy Agency's CCS-subsidy tender, cf. Contract Notice No. 604064-2024 of 8 October 2024.

5.1.1.

Formål

Kontraktens hovedformål: Tjenesteydelser

Primær klassifikation (cpv): 90700000 Tjenester på miljøområdet

5.1.2.

Udførelsessted

Land: Danmark

Hvor som helst i det pågældende land

5.1.6.

Generelle oplysninger

Udbuddet er omfattet af aftalen om offentlige udbud (GPA): ja

5.1.16.

Yderligere oplysninger, mægling og gennemgang

Organisation med ansvar for klager: Klagenævnet for Udbud

Oplysninger om klagefrister: HOFOR CC HOLDING A/S follows the procedure in section 4 of the Appeals Board Act. Thus, no agreement will be entered into between the parties before the expiry of 10 calendar days from the day after the date on which this notice is published, cf. Section 4(1)(2) of the Complaints Board Act, cf. statutory order no. 448 of 8th May 2025. The date stated in this voluntary ex-ante notice is therefore the date of publication of this notice and not the date on which the agreement was concluded. APPEAL INSTRUCTIONS: HOFOR CC HOLDING A/S follows the procedure in section 4 of the Appeals Board Act. Thus, no agreement will be entered into between the parties before the expiry of 10 calendar days from the day after the date on which this notice is published, cf. Section 4(1)(2) of the Complaints Board Act. Pursuant to Section 7(3) of the Complaints Board Act, a complaint that HOFOR CC HOLDING A/S has entered into an agreement in violation of the procurement rules without prior publication of a contract notice in the Official Journal of the European Union, must be submitted to the Complaints Board for Public Procurement within 30 calendar days from the day after the day on which HOFOR CC HOLDING A/S publishes a notice in the Official Journal of the European Union announcing that HOFOR CC HOLDING A/S has entered into a contract, provided that the notice contains the reasons for the decision to award the contract without prior publication of a contract notice in the Official Journal of the European Union. No later than at the same time as a complaint is submitted to the Complaints Board for Public Procurement, the complainant must, pursuant to section 6(4) of the Complaints Board Act, notify HOFOR CC HOLDING A/S in writing that a complaint is being lodged with the Complaints Board for Public Procurement and whether the complaint is being lodged during the standstill period, cf. section 3(1) or (2), or during the period of 10 calendar days specified in Section 4(1)(2). In cases where the complaint has not been lodged within the aforementioned periods, the complainant must also state whether suspensive effect is requested, cf. Section 12(1) of the Act. The Complaints Board for Public Procurement's own complaints guidelines can be found at www.naevneneshus.dk

Direkte tildeling:

Begrundelse for direkte tildeling: Udbuddet er ikke omfattet af direktivet

Anden begrundelse: According to Act No. 1647 of 30 December 2024 on CO2 capture activities in the utility sector, a municipality's participation in CO2 capture activities must be on commercial terms as a shareholder in a limited company, cf. section 3 of the Act. For the purpose of the BECCS Project HOFOR Holding A/S has hence incorporated HOFOR CC Holding A/S, whose purpose is to develop and operate HOFOR's BECCS activities on commercial terms in accordance with the Act on CO2 capture activities in the utility sector. The company's purpose can be achieved, among other things, by directly or indirectly owning shares in other companies, entering into agreements with players in the value chain related to CO2 capture activities and other related activities. The company must operate on market terms, bear a real financial risk associated with the performance of its activities and aim to generate a market return on the capital invested through its activities. In the light hereof, HOFOR CC Holding A/S is not considered to be subject to the rules of the Public Procurement Act (Statutory order No. 116 of 3 February 2025), the Directive on the award of concessions contracts (Directive 2014/23/EU) or the Utilities Directive (Directive 2014/25/EU) in relation to the award of the marketing agreement. Hence, HOFOR CC Holding A/S is not considered to be a contracting authority under the Public Procurement Act, as the company's activities are of an industrial/commercial character and are carried out in a limited liability company on purely commercial terms. As the Public Procurement Act does not apply to HOFOR CC Holding A/S, the Directive on award of concession contracts does not apply either, as the scope of the Directive 2014/23/EU corresponds to the scope of the Public Procurement Act. Finally, HOFOR CC Holding A/S has also assessed that the marketing agreement does not relate to an activity covered by Articles 8-14 of the Utilities Directive and that the company does not meet the condition for being a contracting entity under the Utilities Directive in relation to this agreement, cf. Article 4(1) of the Directive.

8.1.

ORG-0001

Officielt navn: HOFOR CC Holding A/S

Registreringsnummer: 45265293

By: Ørestads Boulevard 35

Postnummer: 2300 København S

Landsdel (NUTS): Byen København (DK011)

Land: Danmark

E-mail: sotp@hofor.dk

Telefon: +4533 95 33 95

Denne organisations roller:

Køber

8.1.

ORG-0002

Officielt navn: Carbon Removals Denmark A/S

Registreringsnummer: 45187942

Postadresse: C/O DLA Piper Law Firm P/S, Oslo Plads 2

By: Copenhagen

Postnummer: 2100 Copenhagen Ø

Landsdel (NUTS): Byen København (DK011)

Land: Danmark

Denne organisations roller:

Tilbudsgiver

8.1.

ORG-0003

Officielt navn: Klagenævnet for Udbud

By: Viborg

Postnummer: 8800 Viborg

Landsdel (NUTS): Østjylland (DK042)

Land: Danmark

Denne organisations roller:

Organisation med ansvar for klager

8.1.

ORG-0000

Officielt navn: Publications Office of the European Union

Registreringsnummer: PUBL

By: Luxembourg

Postnummer: 2417

Landsdel (NUTS): Luxembourg (LU000)

Land: Luxembourg

E-mail: ted@publications.europa.eu

Telefon: +352 29291

Internetadresse: https://op.europa.eu

Denne organisations roller:

TED eSender

Bekendtgørelsens ID: 156bbbc9-a201-46b3-94e3-61f700db786b - 01

Formulartype: Forudgående underretning om direkte tildeling

Bekendtgørelsestype: Bekendtgørelse med henblik på frivillig forudgående gennemsigtighed

Bekendtgørelsesundertype: 25

Afsendelsesdato for bekendtgørelsen: 11/07/2025 17:47:28 (UTC+00:00) vesteuropæisk tid, GMT

Bekendtgørelsens officielle sprog: engelsk

Bekendtgørelsesnummer: 459800-2025

EUT-S-nummer: 133/2025

Offentliggørelsesdato: 15/07/2025