Netherlands - Technical services - Technical services agreement

With the publication of the contract notices for the Aramis Project four partners: TotalEnergies EP, Shell, EBN and Gasunie, started the execution of a project for a CO₂ transport and storage service, being the Aramis CCS Project ("Project"). This transport and storage service project aims to contribute to the energy transition by providing CO₂ transport to storage capacity in order to help enable parties that seek emissions reduction by means of Carbon Capture and Storage (“CCS”) at scale. The Project, a public-private partnership between the state-owned corporations EBN and Gasunie, and the private companies TotalEnergies and Shell. The Project brought together each partner’s technical expertise, experience, and knowledge of CCS. In April 2025 Gasunie, EBN, TotalEnergies and Shell have outlined the next phase of the Project including a new structure for the project with Shell and TotalEnergies withdrawing from the partnership of the transportation side to focus on the storage side of the project, while EBN and Gasunie will continue with the Project. It is vital for the Project to maintain and ensure that the specific knowledge and CCS knowhow of TotalEnergies will remain available to the Project. As such TotalEnergies is willing to continue to provide its specific operational support to the integrated Aramis value chain. To facilitate this support EBN and Gasunie have awarded TotalEnergies a contract for project support by making use of the negotiated procedure without prior publication of a contract notice pursuant to article 2.32(1)(b)(2) of the Dutch Public Procurement Act (Aanbestedingswet). The absence of competition for technical reasons is based on the fact that the Project's specifications, requirements and provisions are based on TotalEnergies standards and templates. As such the unique knowledge and experience of TotalEnergies with the set-up of the Project and the specific knowledge of the technical, operational and commissioning specifications is needed to be able to complete the Project. Achieving an equivalent level of knowledge and experience with another party would entail a significant time and cost impact, which the Project implementation schedule does not allow for. Furthermore, the costs associated with bringing another party to a substantially comparable level of expertise and experience would not constitute an efficient use of public funds. Accordingly, no reasonable alternative or substitute exists. Given the scope of the contract, the absence of competition is not the result of an artificial narrowing of the procurement requirements or conditions. In case you do not agree with the award of the contract to TotalEnergies, you must make your objections known within 30 calendar days from the date of announcement by serving a summons to EBN and Gasunie before the competent judge of the District Court South Holland, location Den Haag. If, after the expiry of these 30 calendar days, you lodge a judicial claim in connection with the award EBN and Gasunie will invoke the inadmissibility of your claim. The 30-calendar-day period therefore counts as an expiry period.