Works - 494949-2018

09/11/2018    S216    - - Works - Voluntary ex ante transparency notice - Contract award without prior publication 

United Kingdom-York: Engineering works and construction works

2018/S 216-494949

Voluntary ex ante transparency notice


Legal Basis:

Directive 2014/25/EU

Section I: Contracting authority/entity

I.1)Name and addresses
Network Rail Infrastructure Ltd
Northern House, Rougier Street
United Kingdom
Telephone: +44 1904383415
NUTS code: UK

Internet address(es):

Main address:

Address of the buyer profile:

I.6)Main activity
Railway services

Section II: Object

II.1)Scope of the procurement

Transpennine Route Upgrade — West of Leeds

II.1.2)Main CPV code
II.1.3)Type of contract
II.1.4)Short description:

Network Rail (NR) procured a multi-disciplinary programme of works and ancillary services and supplies relating to the West of Leeds element of the Transpennine Route Upgrade (TRU).

The West of Leeds element relates to the upgrade of the route between Leeds and Stalybridge with further interventions between Manchester and Stalybridge. The contract was awarded in April 2017 to an alliance comprising BAM Nuttall, Amey Rail Limited, Amey OWR Limited and Ove Arup and Partners, known as Transpire.

The overall scope of the TRU programme requires the following outputs:

— achieving capacity,

— journey time,

— electrification and interchange improvements,

— and enhancing or maintaining the reliability of the railway asset within the Transpennine Rail Corridor.

The TRU programme includes:

(i) electrification of the Transpennine Route from Stalybridge to York/Selby;

(ii) increased capacity between Manchester and York; and

(iii) Journey Time performance improvement between Manchester and York.

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: 2 000 000 000.00 GBP
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKE
NUTS code: UKD
NUTS code: UKF
II.2.4)Description of the procurement:

NR procured a multi-disciplinary programme of design and works, comprising buildings, civils, track, signalling and communication railway construction works on a design and execution basis. Economic operators or groups of economic operators were required to have capability to undertake these key disciplines. Consistent with alliance contracting arrangements and in addition to its role as project “owner” NR highlighted that it would provide certain works and/or services as a participant in the alliance. The contractor(s) and NR each as an ‘alliance participant’ forming the “alliance” are required to work as an integrated team providing resources on a best for project basis and sharing risk and reward.

II.2.5)Award criteria
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: yes
Identification of the project:

Trans European Transport Network (TEN-T). This contract may be subject to European funding in the future.

II.2.14)Additional information

The West of Leeds alliance agreement was awarded in April 2017 to the Transpire consortium.

The value stated in Section II.1.7 and Section V.2.4 is the estimated total value of the contract. The contract value may be in the region of 800 000 000 and 2 000 000 000 GBP.

Section IV: Procedure

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

As part of the works, the Alliance is required to deliver a signalling solution across the West of Leeds route. On the section between Stalybridge and Cottingley, NR intends to instruct the Alliance to design a signalling solution that is European Train Control System (ETCS) ready and produce the output requirements specification to enable a future ETCS contractor to integrate seamlessly with the Alliance works, as it is now intended that ETCS will be deployed concurrently to the delivery of the Alliance works. The ETCS contractor will be the subject of a separate procurement exercise to be carried out by NR. In addition to the planning / design work above, the Alliance’s instructions are also intended to include integration activities between the Alliance and the future ETCS contractor to enable the seamless interface and it is currently intended that the Alliance may be instructed to construct and deploy some of the track side digital equipment such as ETCS marker boards and balises to support delivery of ETCS by the ETCS contractor.

There is no intention to reduce the advertised or intended conventional signalling scope as part of the Alliance works and the above instructions. The intended planning/design work is also consistent with the contract requirements published as part of the original Alliance procurement which required the successful alliance to design and deliver signalling cognisant of ETCS and compliant with any future ETCS migration. This is now reflected in NR’s Digital Railway ready signalling standard (NR/L2/SIG/11711) which all contractors, including the Alliance, are required to comply with from 31.5.2018.

NR’s intention to separately source an ETCS contractor was highlighted as part of the original Alliance procurement and the need for the Alliance to integrate with other schemes and interfaces was made clear, all of which is consistent with an alliance form of contracting and the Alliance tendered requirement to optimise the design and delivery of the railway and a necessary part of delivering, as per the contract requirements, a signalling solution cognisant of ETCS and compliant with any future ETCS migration. The additional track side equipment which the Alliance may be instructed to construct and deploy are standard catalogue products.

NR considers that it is entitled to instruct the Alliance as set out above in compliance with the Utilities Contracts Regulations 2016; this does not amount to a substantial change in scope to the original Alliance procurement. No amendments are being made to the terms of the Alliance agreement. The overall estimated costs associated with the intended planning/design and integration work and construction/deployment of track side equipment is not yet certain but is envisaged to be in the range of 15 000 000 GBP to 40 000 000 GBP. There is no impact on the value as stated in Section II.1.7 and Section V.2.4.

IV.1.3)Information about framework agreement
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.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2018/S 212-487398

Section V: Award of contract/concession

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: yes
V.2.3)Name and address of the contractor/concessionaire
BAM Nuttall
St James House, Knoll Road
GU15 3XW
United Kingdom
NUTS code: UK
The contractor/concessionaire will be an SME: no
V.2.3)Name and address of the contractor/concessionaire
Amey Rail Ltd
Sherard Building, Edmund Halley Road
United Kingdom
NUTS code: UK
The contractor/concessionaire will be an SME: no
V.2.3)Name and address of the contractor/concessionaire
Amey OWR Ltd
Sherard Building, Edmund Halley Road
United Kingdom
NUTS code: UK
The contractor/concessionaire will be an SME: no
V.2.3)Name and address of the contractor/concessionaire
Ove Arup and Partners Ltd
3 Fitzroy Street
United Kingdom
NUTS code: UK
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT) (Agree to publish? yes)
Total value of the contract/lot/concession: 2 000 000 000.00 GBP
V.2.5)Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Short description of the part of the contract to be subcontracted:

Not known.

Section VI: Complementary information

VI.3)Additional information:

The Alliance agreement was awarded to a consortium formed of the economic operators in Section V and known as Transpire.

VI.4)Procedures for review
VI.4.1)Review body
The High Court of England and Wales
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: