Voluntary ex ante transparency notice
Directive 2014/25/EU
Section I: Contracting
authority
I.1) Name and addresses
Network Rail Infrastructure Ltd
1 Eversholt Street
London
NW1 2DN
UK
Telephone: +44 1908781000
E-mail: Paul.Moore3@networkrail.co.uk
NUTS: UKJ
Internet address(es)
Main address: www.networkrail.co.uk
Address of the buyer profile: www.networkrail.co.uk
I.6) Main activity
Railway services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
F537 Replacement of Life Expired FDM Systems on Brighton Mainline (North)
Reference number: 157846-61001.001
II.1.2) Main CPV code
34632200
II.1.3) Type of contract
Supplies
II.1.4) Short description
Network Rail intends to award a contract for replacement of the life-expired Frequency Division Multiplex (‘FDM’) signalling transmission system at 16 locations on the Northern section of the Brighton mainline, between Selhurst/Norwood Junction, in the North and Three Bridges station, in the South. The contract will provide Network Rail with supplies, services and works necessary to replace existing FDM systems with WestPLEX, a multi-drop signalling transmission system.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
8 688 195.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
45316200
II.2.3) Place of performance
NUTS code:
UKJ
II.2.4) Description of the procurement
This contract is for the supply and installation of the WestPLEX multi-drop signalling transmission system at a number of locations on the Brighton mainline (North). WestPLEX is a replacement system for existing FDM systems currently located on sections of the Brighton Mainline. These existing FDM systems are life-expired: they are unreliable with poor performance and require regular maintenance/repair. Their performance is resulting in regular delays and other service disruptions on the railway. Therefore, they require to be replaced. Network Rail's chosen replacement product (WestPLEX) is installed and operational on other parts of the Brighton mainline. WestPLEX is performing substantially better than the existing FDM systems. The award of this contract will result in the WestPLEX product being installed at the following locations:
Relay Rooms at Three Bridges, Redhill, Stoats Nest, Purley, South and East Croydon, Selhurst and Norwood Junction and associated location cases.
The contract will involve supply of the WestPLEX, system configuration, planning the installation works and installation of the system at the locations detailed above.
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
Network Rail intends to award the contract to Siemens Mobility Ltd, the manufacturer of the WestPLEX product.
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without prior call for competition
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
Explanation:
Competition is absent for technical reasons due to the unique characteristics and technical capabilities of the WestPLEX system. No reasonable alternative or substitute to WestPLEX exists. Regulation 50(c)(ii) of the Utilities Contracts Regulations 2016 permits Network Rail to use the negotiated procedure, without a call for competition, to enter into the contract. WestPLEX is uniquely suited to meeting the objectives with which the contract is concerned. WestPLEX is the only multi-drop signalling transmission system available on the market. This multi-drop functionality is crucial to alleviating the current risks to availability and operational performance resulting from the existing FDM system. While installation of a combination of other systems would permit the Brighton Mainline (North) to function to some extent, they would only be technically capable of functioning if Network Rail were to assume unreasonable financial and resource costs. Network Rail assuming the finance and resource burden of training its staff and maintaining that training up to date, in order to ensure ongoing functionality of multiple interrelated systems of systems, as opposed to a single system, would not be reasonable. Network Rail being required to maintain a supply of spares for multiple systems, as opposed to 1 system, would not be reasonable. Implementing a different system (or combination of different systems) to those presently in operation on other parts of the Brighton mainline would result in Network Rail bearing operational inconvenience which is not reasonable when a unique product exists that does not give rise to this inconvenience. Further additional technical risks arising from the interface between different systems would result in increased risk of system availability and operation performance while being developed.
Westplex is a proprietary system; intellectual property in the system is owned exclusively by Siemens Mobility Ltd. Network Rail therefore has no alternative but to contract with Siemens Mobility Ltd for supply of the Westplex system. While the contract to be awarded involves elements of all of supplies, services and works, the main or dominant purpose of the contract, its principal intent for the purposes of Regulation 7(6) of the Utilities Contracts Regulations 2016, is to secure supplies. The supply activity of the contract constitutes well over half of the estimated value of the contract. The installation works required to give effect are incidental to the supply of WestPLEX (Regulation 2(1) of the Utilities Contracts Regulations 2016). Planning the WestPLEX installation (an activity representing a minority of the contract value) would necessitate involvement of Siemens Mobility Ltd either as main or subcontractor. Network Rail is permitted to award a single contract containing all activities (Regulation 7(5) of the Utilities Contracts Regulations 2016).
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: 157846-61001.001
Title: F537 Replacement of Life Expired FDM Systems on Brighton Mainline (North)
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
28/01/2020
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
Siemens Mobility Ltd
Faraday House, Sir Williams Siemens Square
Frimley
GU16 8QD
UK
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot:
/concession: 8 688 195.00
GBP
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
8 688 195.00
GBP
V.2.5) Information about subcontracting
The contract/concession is likely to be subcontracted
Section VI: Complementary information
VI.3) Additional information
The date specified in Section V.2.1) reflects the date of dispatch of this notice.
The value specified in Section II.1.7) and in Section V.2.4) is the estimated current value of the contract.
VI.4) Procedures for review
VI.4.1) Review body
The High Court of England and Wales
Strand
London
WC2A 2LL
UK
VI.5) Date of dispatch of this notice
28/01/2020