Voluntary ex ante transparency notice
Directive 2014/25/EU
Section I: Contracting
authority
I.1) Name and addresses
Transport for Wales Rail Limited (Utility Buyer)
3 Llys Cadwyn, Pontypridd
Rhondda Cynon Taf
CF37 4TH
UK
Telephone: +44 2920720500
E-mail: clare.james@tfwrail.wales
NUTS: UKL
Internet address(es)
Main address: http://www.tfwrail.wales
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA80566
I.6) Main activity
Railway services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Repairs to Damaged Rolling Stock - C150
II.1.2) Main CPV code
50222000
II.1.3) Type of contract
Services
II.1.4) Short description
Repair of two (2) Class 150 Diesel Multiple Units (DMUs)
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
50222000
II.2.3) Place of performance
NUTS code:
UKL
II.2.4) Description of the procurement
Transport for Wales Rail Limited (TFWR), whose ultimate owner is the Welsh Ministers, intends to place a contract on or about 30th November 2022 with Chrysalis Rail Services Limited (Chrysalis) for the procurement of a services contract for the repair of two (2) Class 150 Diesel Multiple Units (DMUs) (Contract).
This procurement falls to be regulated under the provisions of the Utilities Contracts Regulations 2016 (UCR 2016) as amended. It is considered that the Contract can be placed using the Negotiated Procedure without Prior Call for Competition in the United Kingdom (UK) e-notification service via Sell2Wales (as required by the relevant legislation) and is lawful in accordance with regulation 50(1)(c)(ii) of the UCR 2016 for technical reasons. This is due to strict technical impracticality for any economic operator other than Chrysalis to access the DMUs and carry out the services required.
Following a serious collision, the DMUs were removed to premises owned and operated by Chrysalis for safekeeping after they suffered further damage from vandalism following on from the initial accident. The reasons for the selection of the Chrysalis facility for the storage were that the DMUs are gauge cleared to this location, there was no available space at TFWR facilities, there was an existing commercial agreement in place with Chrysalis for storage that enabled the DMUs to be moved quickly and the facility is close to TFWR engineering premises, enabling TFWR engineers ready access for inspections.
Any attempt to move the DMUs would require comprehensive detailed knowledge of the then current condition of the DMUs. Chrysalis has already undertaken an initial assessment, and it has taken several months to fully understand their current condition. Any attempt to remove the DMUs without this knowledge will cause significant additional damage to the DMUs and is likely to render them unrepairable. Further, the DMUs continue to deteriorate in storage and delays in the repair works are also likely to lead to further damage which could also render them unrepairable. Accordingly, whilst as a result of the inspections and assessments that have taken place, TFWR has concluded that the DMUs are currently repairable, any movement of them in their current state or delays to the repair works, possess a significant risk that the DMUs will be rendered unrepairable.”
Chrysalis has confirmed that no other supplier will be permitted access to its premises to undertake the repair works. Chrysalis is therefore the only economic operator that can meet TFWR’s requirement to provide the repair services required. As no other supplier can access the DMUs to carry out the services required, and as any attempt to move the DMUs will render them unrepairable, competition is therefore absent for technical reasons and there is no reasonable alternative available to TFWR.
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
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The procurement falls outside the scope of application of the Directive
Explanation:
Following a serious collision, the DMUs were removed to premises owned and operated by Chrysalis for safekeeping after they suffered further damage from vandalism following on from the initial accident. The reasons for the selection of the Chrysalis facility for the storage were that the DMUs are gauge cleared to this location, there was no available space at TFWR facilities, there was an existing commercial agreement in place with Chrysalis for storage that enabled the DMUs to be moved quickly and the facility is close to TFWR engineering premises, enabling TFWR engineers ready access for inspections.
Any attempt to move the DMUs would require comprehensive detailed knowledge of the then current condition of the DMUs. Chrysalis has already undertaken an initial assessment, and it has taken several months to fully understand their current condition. Any attempt to remove the DMUs without this knowledge will cause significant additional damage to the DMUs and is likely to render them unrepairable. Further, the DMUs continue to deteriorate in storage and delays in the repair works are also likely to lead to further damage which could also render them unrepairable. Accordingly, whilst as a result of the inspections and assessments that have taken place, TFWR has concluded that the DMUs are currently repairable, any movement of them in their current state or delays to the repair works, possess a significant risk that the DMUs will be rendered unrepairable.”
Chrysalis has confirmed that no other supplier will be permitted access to its premises to undertake the repair works. Chrysalis is therefore the only economic operator that can meet TFWR’s requirement to provide the repair services required. As no other supplier can access the DMUs to carry out the services required, and as any attempt to move the DMUs will render them unrepairable, competition is therefore absent for technical reasons and there is no reasonable alternative available to TFWR.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section V: Award of contract/concession
Contract No: TBC
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
02/12/2022
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Chrysalis Rail Services Ltd.
Landore Depot, Neath Road
Swansea
SA12NU
UK
NUTS: UKL18
Internet address(es)
URL: https://www.chrysalisrail.com
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Initial estimated total value of the contract/lot/concession: 1 340 000.00 GBP
Total value of the concession/lot:
1 340 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
NOTE: To register your interest in this notice and obtain any additional information please visit the Sell2Wales Web Site at http://www.sell2wales.gov.wales/Search/Search_Switch.aspx?ID=127176.
(WA Ref:127176)
VI.4) Procedures for review
VI.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
UK
Telephone: +44 2079477501
VI.5) Date of dispatch of this notice
02/12/2022