Lieferungen - 335914-2020

16/07/2020    S136

United Kingdom-London: Rolling stock

2020/S 136-335914

Contract award notice – utilities

Results of the procurement procedure

Supplies

Legal Basis:
Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses
Official name: First MTR South Western Trains Ltd
National registration number: 07900320
Postal address: 4th Floor, Capital House, 25 Chapel Street
Town: London
NUTS code: UKK SOUTH WEST (ENGLAND)
Postal code: NW1 5DH
Country: United Kingdom
Contact person: Carl Baker
E-mail: procurementandcontracts@swrailway.com

Internet address(es):

Main address: https://www.southwesternrailway.com/

I.2)Information about joint procurement
I.6)Main activity
Railway services

Section II: Object

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

Lease of Additional Class 701 EMUs

II.1.2)Main CPV code
34620000 Rolling stock
II.1.3)Type of contract
Supplies
II.1.4)Short description:

First MTR South Western Trains Limited (SWR) entered into an agreement with Rock Rail South Western PLC (Rock) in June 2017 for the lease of a new fleet of 60 x 10-vehicle trains and 30 x 5-vehicle trains and related spares to be manufactured and sold by Bombardier Transportation UK Ltd (BTUK) to Rock. At the same time, SWR also entered into a Technical Supply and Spares Supply Agreement (TSSSA) with BTUK for maintenance support services in relation to the new fleet of trains.

If SWR requires additional trains, rock may use an option in its manufacturing and supply agreement with BTUK to purchase an additional two 10-vehicle trains from BTUK, which it can then subsequently lease to SWR under the terms of the lease agreement.

The parties have agreed to extend the scope of the option to a total of five 10-vehicle trains and for the option to be exercisable at any time on or before 30 September 2020.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT) (Agree to publish? yes)
Value excluding VAT: 9 000 000.00 EUR
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
34620000 Rolling stock
II.2.3)Place of performance
NUTS code: UK UNITED KINGDOM
II.2.4)Description of the procurement:

First MTR South Western Trains Limited (SWR) entered into an agreement with Rock Rail South Western PLC (Rock) in June 2017 for the lease of a new fleet of 60 x 10-vehicle trains and 30 x 5-vehicle trains and related spares to be manufactured and sold by Bombardier Transportation UK Ltd (BTUK) to Rock. At the same time, SWR also entered into a Technical Supply and Spares Supply Agreement (TSSSA) with BTUK for maintenance support services in relation to the new fleet of trains.

If SWR requires additional trains, rock may use an option in its manufacturing and supply agreement with BTUK to purchase an additional two 10-vehicle trains from BTUK, which it can then subsequently lease to SWR under the terms of the lease agreement.

The parties have agreed to extend the scope of the option to a total of five 10-vehicle trains and for the option to be exercisable at any time on or before 30 September 2020.

As with the lease and TSSSA, the lease and purchase of the related maintenance support services of the additional three 10-vehicle trains (if the option is exercised) do not fall within the scope of the Utilities Contracts Regulations 2016 (UCR), as SWR is not a utility for the purposes of the UCR. In any case, regulations 50(1)(e) and 88(1) (b) of the UCR would apply. To acquire rolling stock from another manufacturer/owner would oblige SWR to acquire rolling stock which has different technical characteristics which would result in incompatibility and disproportionate technical difficulties in operation and maintenance.

At this stage, it is not possible to accurately attribute a total value for lease and maintenance of the additional three trains. If the option is exercised the lease rates will be based on the prevailing financing rates at the time the option is exercised. The maintenance support services costs per train will be as per the option terms of the existing TSSSA. If the option is exercised, the lease and maintenance costs for the three additional trains are currently estimated to be approximately GBP 9 million up to August 2024. For the reasons given above, the actual costs may be higher or lower than this amount.

II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

See explanation at Section II.2.4).

IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.6)Information about electronic auction
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
IV.2.8)Information about termination of dynamic purchasing system
IV.2.9)Information about termination of call for competition in the form of a periodic indicative notice

Section V: Award of contract

A contract/lot is awarded: yes
V.2)Award of contract
V.2.1)Date of conclusion of the contract:
30/06/2020
V.2.3)Name and address of the contractor
Official name: Bombardier Transportation UK Ltd
Postal address: Litchurch Lane, Derby, Derbyshire
Town: Derby
NUTS code: UK UNITED KINGDOM
Postal code: DE24 8AD
Country: United Kingdom
The contractor is an SME: no
V.2.3)Name and address of the contractor
Official name: Rock Rail South Western plc
Postal address: Capital Tower, 91 Waterloo Road
Town: London
NUTS code: UK UNITED KINGDOM
Postal code: SE1 8RT
Country: United Kingdom
The contractor is an SME: no
V.2.4)Information on value of the contract/lot (excluding VAT) (Agree to publish? yes)
Total value of the contract/lot: 9 000 000.00 EUR
V.2.5)Information about subcontracting
V.2.6)Price paid for bargain purchases

Section VI: Complementary information

VI.3)Additional information:
VI.4)Procedures for review
VI.4.1)Review body
Official name: The High Court, The Royal Courts of Justice
Town: London
Country: United Kingdom
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
13/07/2020