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Services - 412254-2015

21/11/2015    S226    - - Services - Qualification system with call for competition - Not applicable 

United Kingdom-London: Railway transport services

2015/S 226-412254

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)

Rail Executive — Passenger Services, Department for Transport
Great Minster House, 33 Horseferry Road
For the attention of: Sarah Collins
SW1P 4DR London
United Kingdom
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
Service category No 18: Rail transport services
II.3)Description of the works, services or goods to be procured through the qualification system:
This notice invites interested parties to apply for a Passport to operate passenger railways in England and Wales.
Rail Executive — Passenger Services is operating a Passport System as part of the pre-qualification process for rail franchise competitions. 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.
For each rail franchise competition, the Passport System will replace the current separate, franchise specific pre-qualification questionnaire. Any organisation that wishes to participate in any rail franchise competition must have applied for a Passport on or before the set application date for that competition outlined in this notice (Application Date). The Application Dates may be revised from time to time in further notices published by Passenger Services.
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. Instead, Passenger Services intends to publish an updated qualification system notice as and when considered appropriate. Passenger Services has published a Rail Franchising Prior Information Notice (PIN). This includes the full rail franchising schedule, details of Direct Awards, and additional information regarding the aims of the rail franchising programme. Interested economic operators should familiarise themselves with the contents of the PIN which can be found on the gov.uk website.
Passport applications will cover: organisation and contact details; grounds for mandatory rejection; grounds for discretionary rejection (including past performance); capability and technical ability; and health and safety management and culture.
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 (the Franchise EoI). This will include questions in respect of economic and financial standing. The 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 shortlist of bidders for the competition.
Full details of the Passport System are set out in the Passport PQQ Pack, which includes the Passport pre-qualification questionnaire and the Passport Process Document. Details of how to gain access to the franchising procurement e-sourcing portal and obtain the Passport PQQ Pack are set out in Section VI.2 of this notice. Additional information relating to the South Western, West Midlands, and Intercity West Coast competitions will be available on the portal given the proximity of the Application Dates for these competitions. However, Passenger Services does not commit to adopting the same approach in relation to the disclosure of equivalent additional information in relation to any subsequent competition.
Information relating to the Passport System and franchise competitions generally, will be published on the gov.uk website. Please note that the franchising procurement e-sourcing portal will always contain the most up-to-date information relating to the Passport System and franchise competitions.
Throughout the validity period of the Passport System, Passenger Services 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 Passenger Services is responsible. Passport applications are invited from organisations, including national or international companies, consortia 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 agreement. As well as those with a current or previous involvement, Passenger Services wants to encourage new entrants into the passenger rail market.
A single economic operator may apply to be a Passport Holder in its own right and / or as part of one or more groups of economic operators (joint ventures / consortia).
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.
The Passport System has been implemented following market engagement. The materials relating to the market engagement process will be available on the franchising procurement e-sourcing portal.
The Passport PQQ Pack contains all the information which Passenger Services considers economic operators need to apply for a Passport. However, should an economic operator wish to seek clarification of any information contained in the Passport PQQ Pack, it may either submit a clarification question via the e-sourcing portal or request a meeting with Passenger Services in accordance with the process described in the Passport Process Document.
Rail Franchising Schedule including Application Dates:
South Western: Application Date 30.10.2015 / Franchise EoI November 2015.
West Midlands: Application Date 30.10.2015 / Franchise EoI December 2015.
Intercity West Coast: Application Date 4.3.2016 / Franchise EoI June 2016.
East Midlands: Application Date 4.4.2016 / Franchise EoI July 2016.
South Eastern: Application Date 1.8.2016 / Franchise EoI November 2015.
Wales & Borders: Application Date 1.12.2016 / Franchise EoI March 2017.
Great Western: Application Date 1.5.2017 / Franchise EoI August 2017.
Cross Country: Application Date 8.112018 / Franchise EoI April 2018.
Chiltern: Application Date 1.2.2020 / Franchise EoI May 2020.
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.
Competitions beginning in 2015.
The competitions for South Western and West Midlands will commence in 2015. These competitions will only be open to Applicants that have applied for a Passport on or before 30.10.2015. Brief details of the franchises to which these competitions relate are set out below along with brief details of the other franchises which the Passport System is expected to cover.
Passenger Services will be holding Bidder Days in respect of the first two franchise competitions on the following dates: South Western (27 November 2015) and West Midlands (10 December). Passenger Services will hold a Market Engagement Day in respect of the Intercity West Coast Franchise on 9 December 2015. This will provide an overview of the current franchise as well as the vision and objectives for its future operation. For more details and to register to attend, please see the ‘Overview and Visions Document’ which the Department will publish shortly on the gov.uk website.
Brief details of franchises.
The following brief details are provided as an early illustration of the scope that each franchise may have. These details are indicative only and are subject to change. Passenger Services does not make any commitment in this notice as to the scope of any franchise.
South Western.
A commuter and regional franchise that operates an intensive network of suburban and long distance services between London Waterloo, South West London, and towns and cities in the South West of England.
West Midlands.
A commuter and regional franchise providing Express passenger rail services to: London (Euston), Milton Keynes and Birmingham New Street (via Northampton); Birmingham and Liverpool; Birmingham and Strafford/Stoke/Crewe; London and Crewe. In addition, it includes local service groups in the West Midlands, including Hereford, Worcester, Wolverhampton and branch lines between Bletchley and Bedford, and Watford Junction and St Albans.
Intercity West Coast.
An intercity franchise that provides train services between London Euston, the West Midlands, North West England, North Wales and Scotland. Its services call at the major cities of London, Birmingham, Liverpool, Manchester, Edinburgh and Glasgow.
East Midlands.
An intercity and regional franchise that provides passenger rail services between London (St Pancras), the East Midlands and Yorkshire (Leicester/Nottingham/Derby/Sheffield/Leeds) and all the central England services linking Nottingham/Derby/Worksop/Lincoln/Cleethorpes/Skegness/Leicester/Cambridge.
South Eastern.
A commuter franchise that operates all of the services in the South East London suburbs, the whole of Kent and part of Sussex, which are primarily commuter services to/from central London.
Wales & Borders.
A regional franchise that consists of a mix of long distance, regional and local rural services. The services include the majority of the passenger rail services in Wales, including the intensive Valley Lines network around Cardiff, the remaining rural network, and the principal inter-urban links internally to the West Midlands (Birmingham) and the North West (Manchester and Liverpool).
However, interested economic operators should note the November 2014 agreement in principle to transfer executive rail franchising functions to the Welsh Government so that it would lead on procuring the next franchise. Subject to final agreement and Westminster Parliamentary approval, it is intended that these functions should be transferred by early 2017.
Great Western.
A commuter and intercity franchise including high speed train services between London (Paddington), South Wales, the Cotswolds and the West Country.
Cross Country.
An intercity franchise that provides passenger rail services to more areas of the country than any other franchise; stretching from Aberdeen to Penzance, Bournemouth to Manchester and Stansted to Cardiff.
A commuter franchise that runs passenger train services along the M40 corridor between London Marylebone and Birmingham Snow Hill and London Marylebone to Aylesbury Vale Parkway via Amersham along a shared corridor with the London Underground Metropolitan line.
II.4)Common procurement vocabulary (CPV)

60200000, 60210000

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
The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate
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 20.11.2015 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:

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

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: