Services - 174751-2016

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21/05/2016    S97

United Kingdom-London: Railway transport services

2016/S 097-174751

Qualification system – utilities

Directive 2004/17/EC
This notice is a call for competition yes

Section I: Contracting entity

I.1)Name, addresses and contact point(s)

Official name: Rail Group — Passenger Services, Department for Transport
Postal address: Great Minster House, 33 Horseferry Road
Town: London
Postal code: SW1P 4DR
Country: United Kingdom
For the attention of: Gillian Underwood
E-mail: pqqpassport@railexecutive.gsi.gov.uk

Internet address(es):

General address of the contracting entity: https://www.gov.uk/government/organisations/department-for-transport

Further information can be obtained from The above mentioned contact point(s)

Further documentation can be obtained from The above mentioned contact point(s)

Requests to participate or candidatures must be sent to The above mentioned contact point(s)

I.2)Main activity
Other: transport
I.3)Contract award on behalf of other contracting entities
The contracting entity is purchasing on behalf of other contracting entities: no

Section II: Object of the qualification system

II.1)Title attributed to the contract by the contracting entity:
Rail Franchising PQQ Passport.
II.2)Type of contract
Services
Service category No 18: Rail transport services
II.3)Description of the works, services or goods to be procured through the qualification system:
Updated- Rail Franchise Schedule And Programme.
This document sets out the updated Rail Franchise schedule, with the key dates, as well as how to compete.
This notice replaces the Annual Programme PIN, and individual franchise competition PINs. There will continue to be separate PINs issued for Direct Awards.
Aims of the Rail Franchising Programme.
Through franchising, the Department aims to encourage a flourishing, competitive passenger rail market which secures high-performing, value for money services for passengers and taxpayers whilst driving cost effectiveness. We aim to stimulate innovation in order to advance our vision of a world-class railway that creates opportunity for people and businesses, including by promoting continuous improvements in passenger experience and boosting the efficiency and sustainability of the railway.
In particular, our competitions will be aimed at achieving:
— A railway in which passengers are understood and their needs placed at the centre of business planning and operations;
— An excellent experience for passengers, with customer service, train and station facilities and journey information, particularly during disruption, that exceed their expectations;
— Seamless travel for all, through improvements in accessibility;
— Increased capacity and improved demand planning, alongside the development of existing markets and the cultivation of new ones;
— Better, simpler door-to-door journeys, including through greater interconnectivity between rail and other modes of transport;
— An ever-safer environment for passengers and all those who work on the railway, by maintaining and improving health and safety standards;
— The smooth implementation of major infrastructure and rolling stock projects and the full realisation of the benefits they offer;
— An increase in the long term value of the railways through investment, cost efficiency and improved management;
— An industry which is sustainable and a reduction in its environmental impact;
— An industry which is joined up and works collaboratively with its members, including small and medium enterprises, and with local and national stakeholders to achieve benefits for all, including broad-ranging socio economic benefits for communities and for the country as a whole.
Passenger Services is investigating a range of work streams to maintain an improved franchising market conditions. Further analysis, consultations and commercial engagement is ongoing, but our initial thinking is indicated on the published schedule including:
— East-West — There is a potential for future expansion to link services between Bletchley, Oxford, Aylesbury and Bicester. In light of this potential future expansion, we are considering introducing this East-West rail network as a new small franchise to help stimulate commercial interest and new entrants into the market place.

— Franchise services into London interact powerfully with the provision of new housing and the creation of new jobs, as well as enhancing people's quality of life with growth across London and South East set to continue. To address these issues, we are proposing to establish a partnership between DfT and TFL that will provide joined up strategic direction and management of rail passenger service across London and South East. The joint DfT and TfL prospectus starts to sets out the potential changes/remapping of the current franchises into London (https://www.gov.uk/government/consultations/rail-passenger-services-in-london-and-the-south-east-a-new-approach).

— Great Western — Potentially being considered for re-mapping. A Peninsula Rail Task Force study is expected to conclude 2016. The Department will consider remapping in light of the recommendations.
— TSGN is the largest franchise and the Thameslink Programme should have been fully implemented by the start of the new franchise. The Department will consider re-mapping TSGN in the future.
— West Midlands — During the next franchise the Department expects to take steps to allow the potential for greater local control over its services in the Midlands area.
Invitation to interested parties.
This notice is a call for competition for each of the rail franchise competitions listed below and Passenger Services does not currently intend to publish a separate contract notice for any of those competitions.
The Department for Transport (DfT) will be seeking, through open competition, delivery partners to operate franchised passenger rail services in England and Wales and those cross-border services into Scotland for which the Department is responsible. We are inviting expressions of interest from organisations, including national or international companies, consortiums or not-for-profit organisations, which can demonstrate the necessary financial strength, managerial capability, behaviours and relevant commercial experience to be considered for the award of a franchise contract. As well as those with a current or previous involvement, Passenger Services wants to encourage new entrants into the passenger rail market. Potential new entrants in particular are invited to initiate further discussions with Passenger Services to learn more about the franchising market and the procurement process. Passenger Services can also signpost bidders and potential bidders towards other organisations that may be able to provide additional help and guidance, such as the Office of Rail and Road (ORR), United Kingdom Trade and Investment (UKTI) and Network Rail. The Department holds an annual Rail Industry Day where existing and potential suppliers and investors can hear more about passenger rail opportunities and our vision for the railway.
How to compete.
You should first familiarise yourself with the aims of the Rail Franchising Programme, and what we look for in our Delivery Partners. Please refer to the GOV.UK website:

To participate in the competitions detailed below, you must hold a Rail Franchise Passport. If you do not currently hold one, you must have made your application before the Application Date for the Franchise competition you are interested in. Holding a Passport allows you to express an interest in future competitions, during the lifetime of the Passport, without the need to resubmit certain information for each competition, therefore reducing the burden on you. Please visit the GOV.UK website for more details on the Rail Franchise Passport and how to apply for one: https://www.gov.uk/government/publications/rail-franchising-pqq-passport-documentation

Interested economic operators will be required to sign a Passport Process Agreement (PPA) in order to apply for a Passport. To receive the Passport PQQ Pack and gain access to the franchising procurement e-sourcing portal and PPA please register by email at PQQpassport@railexecutive.gsi.gov.uk

Once the Expression of Interest for a particular competition (Franchise EoI) has been released, as a Passport Holder you can then express your interest. If successful, you may then be invited to tender.
Except in the very limited circumstances described in the Passport Process Document, a Passport can only be relied upon by the specific economic operator or specific group of economic operators (i.e. the joint venture or consortium as originally constituted) which made the original Passport application. For this reason, Passenger Services recommends that Applicants interested in bidding as a group for particular future rail franchise competitions consider potential partners in plenty of time so that the relevant group can apply for a Passport prior to the relevant Application Date
Rail Franchising Schedule including Application Dates.

For a user friendly version of this information, please visit the GOV.UK website: https://www.gov.uk/government/publications/rail-franchise-schedule

The franchise term will be set following consideration of the circumstances of each operation and will be assessed on a case by case basis for each competition and Direct Award.

For a description of each of the franchises below please follow this link: https://www.gov.uk/government/publications/rail-franchises-summary

Essex Thameside: Franchise Start Nov 14 / Franchise End Nov 29
TSGN: Franchise Start Sep 14 / Franchise End Sep 21
East Coast: Franchise Start Mar 15 / Franchise End Mar 23
Northern: Direct Award Start Apr 14 / Direct Award End Apr 16 / Contract Award Dec 15 / Franchise Start Apr 16 / Franchise End Apr 25
TransPennine Express: Direct Award Start Apr 15 / Direct Award End Apr 16 / Contract Award Dec 15 / Franchise Start Apr 16 / Franchise End Apr 23
East Anglia: Direct Award Start Jul 14 / Direct Award End Oct 16 / Issue ITT Sep 15 / Contract Award Jun 16 / Franchise Start Oct 16 / Franchise End Oct 25
South Western: Passport Application Date (Deadline for non-passport holders) Oct 15 / Franchise EoI Nov 15 / Issue ITT May 16 / Contract Award Feb 17 / Franchise Start Jun 17
West Midlands: Direct Award Start Apr 16 / Direct Award End Oct 17 / Passport Application Date (Deadline for non-passport holders) Oct 15 / Franchise EoI Dec 15 / Issue ITT Jul 16 / Contract Award Jun 17 / Franchise Start Oct 17
West Coast: Direct Award Start Jun 14 / Direct Award End Apr 18 / Passport Application Date (Deadline for non-passport holders) Mar 16 / Franchise EoI Jun 16 / Issue ITT Nov 16 / Contract Award Nov 17 / Franchise Start Apr 18
East Midlands: Direct Award Start Oct 15 / Direct Award End Jul 18 / Passport Application Date (Deadline for non-passport holders) Sep 16 / Franchise EoI Dec 16 / Issue ITT May 17 / Contract Award Mar 18 / Franchise Start Jul 18
South Eastern: Direct Award Start Oct 14 / Direct Award End Jun 18 / Passport Application Date (Deadline for non-passport holders) Aug 16 / Franchise EoI Nov 16 / Issue ITT Apr 17 / Contract Award Feb 18 / Franchise Start Jun 18
Wales & Borders: Passport Application Date (Deadline for non-passport holders) Dec 16 / Franchise EoI Mar 17 / Issue ITT Aug 17 / Contract Award Jun 18 / Franchise Start Oct 18
Great Western: Direct Award Start Sep 15 / Direct Award End Apr 19 / Passport Application Date (Deadline for non-passport holders) Jun 17 / Franchise EoI Sep 17 / Issue ITT Feb 18 / Contract Award Dec 18 / Franchise Start Apr 19
Cross Country: Direct Award Start Oct 16 / Direct Award End Oct 19 / Passport Application Date (Deadline for non-passport holders) Dec 17 / Franchise EoI Mar 18 / Issue ITT Aug 18 / Contract Award Jun 19 / Franchise Start Oct 19
The schedule shown reflects standard DfT franchising timings. The UK Government has agreed in principle to transfer franchising powers to the Welsh Government to lead on procuring the next Wales & Borders franchise. In anticipation of this, the Welsh Government are developing their procurement approach which is planned to start earlier than shown on this schedule.
The proposed dates for the next round of Rail Franchises are as follows:
Chiltern: Passport Application Date (Deadline of non-passport holders) Feb 20 / Franchise EoI May 20 / Issue ITT Oct 20 / Contract Award Aug 21 / Franchise Start Dec 21
TSGN: Passport Application Date (Deadline of non-passport holders) Nov 19 / Franchise EoI Feb 20 / Issue ITT Jul 20 / Contract Award May 21 / Franchise Start Sep 21
East Coast: Passport Application Date (Deadline of non-passport holders) May 21 / Franchise EoI Aug 21 / Issue ITT Jan 22 / Contract Award Nov 22 / Franchise Start Mar 23
Northern: Passport Application Date (Deadline of non-passport holders) Jun 23 / Franchise EoI Sep 23 / Issue ITT Feb 24 / Contract Award Dec 24 / Franchise Start Apr 25
TransPennine Express: Passport Application Date (Deadline of non-passport holders) Jun 21 / Franchise EoI Sep 21 / Issue ITT Feb 22 / Contract Award Dec 22 / Franchise Start Apr 23
East Anglia: Passport Application Date (Deadline of non-passport holders) Dec 23 / Franchise EoI Mar 24 / Issue ITT Aug 24 / Contract Award Jun 25 / Franchise Start Oct 25
Interested economic operators should be aware that Passenger Services may impose restrictions on certain franchise competitions which may limit the number of franchise competitions which an economic operator may participate in or win. In the event that Passenger Services decides to impose such a restriction further details will be provided in the relevant Franchise EoI documentation.
Direct awards.
The Rail Franchising Schedule includes dates for the planned Direct Awards to incumbent rail operators as well as the Franchise Competitions to give the market and the supply chain a clear picture of Passenger Services' planned negotiations. The Direct Awards enable a smoother arrangement of franchise competitions by ensuring continuity of service and the preservation of a rail market until the franchise competitions are held.
Passenger Services will issue individual project PINs for the Direct Awards in accordance with the requirements of Regulation (EC) No 1370/2007.
The Secretary of State has duties under Section 30 of the Railways Act 1993 to maintain the operation of passenger rail services, which would come into play should Passenger Services fail to agree terms on the necessary Direct Awards.
Franchise procurement process.

The Department published the Franchising Competition Guide in June 2013. This describes a generic franchise competition process that the Department intends to follow in procuring rail passenger franchises. Since publication of the Guide, the Department for Transport has continued to develop and refine its processes. A revised version of the Guide was published on 04th February 2016 and can be found at https://www.gov.uk/government/publications/rail-passenger-franchise-competition-guide

Section 26(1) Policy Statement.

The Secretary of State's statement of his policy made under Section 26(4A) of the Railways Act 1993 can be found at: https://www.gov.uk/government/consultations/railways-act-1993-section-26-policy-statement

This statement indicates when passenger rail services are likely to be procured through an open competition and when they might be procured by other means.
II.4)Common procurement vocabulary (CPV)

60200000 Railway transport services, 60210000 Public transport services by railways

II.5)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation
III.1.1)Qualification for the system:
Conditions to be fulfilled by economic operators in view of their qualification: As stated in the Passport PQQ Pack.
Methods according to which each of those conditions will be verified: As stated in the Passport PQQ Pack.
III.1.2)Information about reserved contracts

Section V: Procedure

IV.1)Award criteria
IV.1.1)Award criteria
IV.1.2)Information about electronic auction
An electronic auction will be used: no
IV.2)Administrative information
IV.2.1)File reference number attributed by the contracting entity:
IV.2.2)Duration of the qualification system
Duration of validity: from 18.5.2016 until: 27.9.2019
IV.2.3)Information about renewals

Section VI: Complementary information

VI.1)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:
Passenger Services currently intends that the Passport System will be valid for 4 years, but Passenger Services reserves the right to reduce or extend the validity period of the Passport System, subject to publication of a further notice to that effect.
A single economic operator may apply to be a Passport Holder in its own right and / or as part of 1 or more groups of economic operators (joint ventures / consortia).
For each specific rail franchise competition Passenger Services will, at a later stage, require Passport Holders that express an interest to respond to an additional set of pre-qualification questions that is specifically tailored to that franchise. This will include questions in respect of economic and financial standing. This Franchise EoI may also include further questions in respect of capability and technical ability, although Passenger Services reserves the right not to require Passport Holders to complete these. Passport Holders may be down-selected on the basis of the scoring of the further capability and technical ability questions in order to generate a short-list of bidders for the competition.
This notice will be updated on an annual basis, as well as in the event of a significant change to the information contained herein or in the website pages to which this notice refers, including but not limited to changes to the Rail Franchise schedule, routes or other details of specific franchises, or the Passport System or changes to the internet addresses at which the website pages can be found. Minor changes and updates may be made to the content of the website pages directly and without an update to this notice, therefore interested parties should check the relevant pages regularly.
Each franchisee will be required to have all appropriate permissions, licences, etc. to undertake the services under the franchise agreement in the UK and under UK legislation (and/or under all equivalent legislation in the place of their establishment) and will be required to evidence these according to the requirements set out in the tender documents and contract documents.
Each of the franchise agreements to which the competitions covered by the Passport System relate will be a ‘public services contract’ for public passenger transport by rail for the purposes of Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road (Regulation 1370/2007). Therefore, the Public Contracts Regulations 2015 (by virtue of Regulation 10(1)(i)), Directive 2014/24/EU (by virtue of Article 10(i), as explained in Recital 27) and Directive 2014/23/EU (by virtue of Article 10(3)) do not apply to the rail franchise competitions. Passenger Services will conduct those competitions strictly in accordance with the requirements of Regulation 1370/2007.
The Passport System is considered to be similar, to some extent, to a qualification system under Directive 2014/25 and so Passenger Services has determined that this notice is an appropriate means of advertising the Passport System. The publication of this notice is entirely voluntary. Passenger Services does not commit to operating the Passport System (or conducting the pre-qualification process or any part of it) in accordance with the provisions on qualification systems (or any other provision) in the Utilities Contracts Regulations 2006 or the successor Regulations, Directive 2004/17/EC or Directive 2014/25/EU, and the publication of this notice should not be construed in any way as constituting an undertaking by Passenger Services to do so or a representation that it will do so.
The information contained in this notice is neither exhaustive nor binding, and may be amended at the time
of issue of any further notice or notices or at any other time at the discretion of Passenger Services (including by revising the Application Dates).
Passenger Services is not and shall not be liable for any expenses, costs or liabilities incurred by those applying for a Passport, expressing an interest, considering or responding to a Franchise EoI or negotiating or tendering for a franchise agreement or any other agreement entered into in connection with such franchise agreement, or any such costs incurred by their associated entities or any other person.
Passenger Services reserves the right not to award any Passports, to make whatever changes it sees fit to the structure and timing of the Passport application process (including issuing any further notice or notices), to the Application Dates or to the structure and timing of a Franchise EoI stage, to cancel the Passport System in its entirety at any stage or to use any additional or alternative method of selecting Bidders for any or all future rail franchise competitions.
The Authority also reserves the right not to award any or all franchise agreements, to make whatever changes it sees fit to the structure and timing of the procurement process for any specific franchise agreement, to cancel the process in its entirety at any stage and, where it considers it appropriate to do so, to make a direct award pursuant to Regulation 1370/2007.
The DfT (of which Passenger Services is part) is a public authority for the purposes of the Freedom of Information Act 2000 (the Act) and the Environmental Information Regulations 2004 (EIR). As part of its duty under the Act and the EIR, the DfT may disclose information to a person making a request unless the information is covered by an exemption under the Act or the EIR. The DfT is required to determine whether the public interest in maintaining the exemption outweighs the public interest in disclosing this information. Applicants should state in any responses whether or not they consider the information supplied should be exempted from disclosure to third parties under the Act or the EIR and should provide reasons for such views. These views will be taken into consideration by the DfT when deciding whether to disclose information.
This notice is available on the GOV.UK website.
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice:
17.5.2016