Prior information notice
This notice is for prior information only
Section I: Contracting
authority
I.1) Name and addresses
The Scottish Ministers
Buchanan House, 58 Port Dundas Road
Glasgow
G4 0HF
UK
Contact person: Damian Briody
E-mail: PINCaledonianSleeper2022@transport.gov.scot
NUTS: UKM
Internet address(es)
Main address: http://www.transport.gov.scot
Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00099
I.2) Joint procurement
The contract is awarded by a central purchasing body
I.3) Communication
Additional information can be obtained from the abovementioned address
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Caledonian Sleeper Franchise Replacement (Regulation 1370/2007)
II.1.2) Main CPV code
60200000
II.1.3) Type of contract
Services
II.1.4) Short description
Rail transport services
II.1.5) Estimated total value
Value excluding VAT:
250 000 000.00
GBP
II.1.6) Information about lots
This contract is divided into lots:
No
II.2) Description
II.2.2) Additional CPV code(s)
60210000
II.2.3) Place of performance
NUTS code:
UKM
Main site or place of performance:
Scotland
II.2.4) Description of the procurement
On the basis that the Caledonian Sleeper Franchise Agreement between the Scottish Ministers and Serco Caledonian Sleeper Limited (FA), provides firstly for the possibility that the franchisee may exercise a rebasing option after 1 April 2022 and secondly that there are a number of possible consequences under the FA, Transport Scotland, on behalf of Scottish Ministers, are seeking to preserve their ability to make a direct contract award should circumstances arise in due course that give them cause to do so.
Transport Scotland, on behalf of the Scottish Ministers, may, depending on the circumstances and having regard to the obligations of the Scottish Ministers in terms of the Scottish Public Finance Manual, wish to make a direct award of a Public Service Contract to Serco Caledonian Sleeper Ltd under and in terms of Article 5(6) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road as amended (retained EU Law).
More information can be found on Transport Scotland’s website:
https://www.transport.gov.scot/public-transport/rail/caledonian-sleeper-franchise/
As an alternative to the above and depending on whether circumstances arise which engage the Scottish Ministers’ duty at section 30 of the Railways Act 1993, Transport Scotland, on behalf of the Scottish Ministers may entrust the provision of Caledonian Sleeper Passenger Services to a company owned and controlled by the Scottish Ministers and make a direct award of a Public Service Contract in that regard under and in terms of Article 5(2) or Article 5 (6) of Regulation (EC) No 1370/2007. The Scottish Ministers may put in place a holding company structure in support of the proposed arrangements.
The contract awards described above are expected to cover rail passenger services of substantially the same scope as the current Caledonian Sleeper Franchise.
II.2.14) Additional information
Term of Award
The Scottish Ministers may require to put a Public Service Contract in place for up to 10 years (depending on the circumstances and subject to legal constraints).
II.3) Estimated date of publication of contract notice:
25/06/2022
Section IV: Procedure
IV.1) Description
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
Section VI: Complementary information
VI.3) Additional information
Envisaged start date and the duration of the contract:-
Start: 25 June 2023
Duration in months: up to 120
(SC Ref:698244)
VI.5) Date of dispatch of this notice
24/06/2022