Suministros - 453007-2020

25/09/2020    S187

United Kingdom-London: Rolling stock

2020/S 187-453007

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: Abellio East Anglia Ltd
National registration number: 07861414
Postal address: 2nd Floor St Andrew's House, 18-20 St Andrew Street
Town: London
NUTS code: UK UNITED KINGDOM
Postal code: EC4A 3AG
Country: United Kingdom
Contact person: Noel Miller
E-mail: noel.miller@greateranglia.co.uk
Telephone: +44 7970287398
Internet address(es):
Main address: https://www.greateranglia.co.uk/
I.6)Main activity
Railway services

Section II: Object

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

Manufacture and Supply Agreement for the Class 720 Fleet

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

Abellio East Anglia Ltd (AEA) entered into an agreement, originally between AEA, CBA Rolling Stock Company No 1 Pty Ltd and Bombardier Transportation UK Ltd on 29 September 2016 for, inter alia, the manufacture and supply of 22 x 10-car electric multiple units (EMUs) and (eighty nine) 89 x 5-car EMUs, and now between AEA, Bombardier Transportation UK Ltd (as Manufacturer of the rolling stock) and Angel Trains Rolling Stock Ltd (as the owner of the rolling stock). Due to the impact of Covid-19, the parties are amending the manufacture and supply agreement.

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: 888 355 903.95 GBP
II.2)Description
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:

Abellio East Anglia Ltd (AEA) entered into an agreement, originally between AEA, CBA Rolling Stock Company No 1 Pty Ltd and Bombardier Transportation UK Ltd on 29 September 2016 for, inter alia, the manufacture and supply of 22 x 10-car electric multiple units (EMUs) and eighty nine 89 x 5-car EMUs, and now between AEA, Bombardier Transportation UK Ltd (as Manufacturer of the rolling stock) and Angel Trains Rolling Stock Ltd (as the Owner of the rolling stock). Through the agreement the Manufacturer would manufacture the EMUs, sell them to the Owner, which would then subsequently lease the EMUs to AEA. The parties have considered amending the manufacture and supply agreement to remove the 10-car EMUs, with Bombardier instead providing 133 x 5-car EMUs.

The manufacture and supply agreement and its subsequent amendment do not fall within the scope of the Utilities Contracts Regulations 2016 (UCR), as AEA is not a utility for the purposes of the UCR. In any case, regulations 88(1)(b) or 88(1)(c) of the UCR would apply. To acquire rolling stock from another manufacturer/owner would oblige AEA to acquire rolling stock which has different technical characteristics which would result in incompatibility and disproportionate technical difficulties in operation and maintenance. This is exacerbated in the context of the Covid-19 pandemic.

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.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
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:
19/09/2020
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: Angel Trains Rolling Stock Ltd
Postal address: 27 Hill Street
Town: St Helier
NUTS code: UK UNITED KINGDOM
Postal code: JE2 4UA
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: 888 355 903.95 GBP
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.5)Date of dispatch of this notice:
22/09/2020