Contract award notice – utilities
Section I: Contracting
entity
I.1) Name and addresses
First MTR South Western Trains Ltd
07900320
4th Floor, Capital House, 25 Chapel Street
London
NW1 5DH
UK
Contact person: Carl Baker
E-mail: procurementandcontracts@swrailway.com
NUTS: UKK
Internet address(es)
Main address: https://www.southwesternrailway.com/
I.6) Main activity
Railway services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Lease of Additional Class 701 EMUs
II.1.2) Main CPV code
34620000
II.1.3) Type of contract
Supplies
II.1.4) Short description
First MTR South Western Trains Limited (SWR) entered into an agreement with Rock Rail South Western PLC (Rock) in June 2017 for the lease of a new fleet of 60 x 10-vehicle trains and 30 x 5-vehicle trains and related spares to be manufactured and sold by Bombardier Transportation UK Ltd (BTUK) to Rock. At the same time, SWR also entered into a Technical Supply and Spares Supply Agreement (TSSSA) with BTUK for maintenance support services in relation to the new fleet of trains.
If SWR requires additional trains, rock may use an option in its manufacturing and supply agreement with BTUK to purchase an additional two 10-vehicle trains from BTUK, which it can then subsequently lease to SWR under the terms of the lease agreement.
The parties have agreed to extend the scope of the option to a total of five 10-vehicle trains and for the option to be exercisable at any time on or before 30 September 2020.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
9 000 000.00
EUR
II.2) Description
II.2.2) Additional CPV code(s)
34620000
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
First MTR South Western Trains Limited (SWR) entered into an agreement with Rock Rail South Western PLC (Rock) in June 2017 for the lease of a new fleet of 60 x 10-vehicle trains and 30 x 5-vehicle trains and related spares to be manufactured and sold by Bombardier Transportation UK Ltd (BTUK) to Rock. At the same time, SWR also entered into a Technical Supply and Spares Supply Agreement (TSSSA) with BTUK for maintenance support services in relation to the new fleet of trains.
If SWR requires additional trains, rock may use an option in its manufacturing and supply agreement with BTUK to purchase an additional two 10-vehicle trains from BTUK, which it can then subsequently lease to SWR under the terms of the lease agreement.
The parties have agreed to extend the scope of the option to a total of five 10-vehicle trains and for the option to be exercisable at any time on or before 30 September 2020.
As with the lease and TSSSA, the lease and purchase of the related maintenance support services of the additional three 10-vehicle trains (if the option is exercised) do not fall within the scope of the Utilities Contracts Regulations 2016 (UCR), as SWR is not a utility for the purposes of the UCR. In any case, regulations 50(1)(e) and 88(1) (b) of the UCR would apply. To acquire rolling stock from another manufacturer/owner would oblige SWR to acquire rolling stock which has different technical characteristics which would result in incompatibility and disproportionate technical difficulties in operation and maintenance.
At this stage, it is not possible to accurately attribute a total value for lease and maintenance of the additional three trains. If the option is exercised the lease rates will be based on the prevailing financing rates at the time the option is exercised. The maintenance support services costs per train will be as per the option terms of the existing TSSSA. If the option is exercised, the lease and maintenance costs for the three additional trains are currently estimated to be approximately GBP 9 million up to August 2024. For the reasons given above, the actual costs may be higher or lower than this amount.
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
See explanation at Section II.2.4).
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
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
30/06/2020
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
Bombardier Transportation UK Ltd
Litchurch Lane, Derby, Derbyshire
Derby
DE24 8AD
UK
NUTS: UK
The contractor is an SME:
No
V.2.3) Name and address of the contractor
Rock Rail South Western plc
Capital Tower, 91 Waterloo Road
London
SE1 8RT
UK
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 9 000 000.00
EUR
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
The High Court, The Royal Courts of Justice
London
UK
VI.5) Date of dispatch of this notice
13/07/2020