Contract award notice – utilities
Section I: Contracting
entity
I.1) Name and addresses
Abellio East Anglia Ltd
07861414
2nd Floor St Andrew's House, 18-20 St Andrew Street
London
EC4A 3AG
UK
Contact person: Noel Miller
Telephone: +44 7970287398
E-mail: noel.miller@greateranglia.co.uk
NUTS: UK
Internet address(es)
Main address: https://www.greateranglia.co.uk/
I.6) Main activity
Railway services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Manufacture and Supply Agreement for the Class 720 Fleet
II.1.2) Main CPV code
34620000
II.1.3) Type of contract
Supplies
II.1.4) Short description
Abellio East Anglia Ltd (AEA) entered into an agreement, originally between AEA, CBA Rolling Stock Company No 1 Pty Ltd and Bombardier Transportation UK Ltd on 29 September 2016 for, inter alia, the manufacture and supply of 22 x 10-car electric multiple units (EMUs) and (eighty nine) 89 x 5-car EMUs, and now between AEA, Bombardier Transportation UK Ltd (as Manufacturer of the rolling stock) and Angel Trains Rolling Stock Ltd (as the owner of the rolling stock). Due to the impact of Covid-19, the parties are amending the manufacture and supply agreement.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
888 355 903.95
GBP
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
Abellio East Anglia Ltd (AEA) entered into an agreement, originally between AEA, CBA Rolling Stock Company No 1 Pty Ltd and Bombardier Transportation UK Ltd on 29 September 2016 for, inter alia, the manufacture and supply of 22 x 10-car electric multiple units (EMUs) and eighty nine 89 x 5-car EMUs, and now between AEA, Bombardier Transportation UK Ltd (as Manufacturer of the rolling stock) and Angel Trains Rolling Stock Ltd (as the Owner of the rolling stock). Through the agreement the Manufacturer would manufacture the EMUs, sell them to the Owner, which would then subsequently lease the EMUs to AEA. The parties have considered amending the manufacture and supply agreement to remove the 10-car EMUs, with Bombardier instead providing 133 x 5-car EMUs.
The manufacture and supply agreement and its subsequent amendment do not fall within the scope of the Utilities Contracts Regulations 2016 (UCR), as AEA is not a utility for the purposes of the UCR. In any case, regulations 88(1)(b) or 88(1)(c) of the UCR would apply. To acquire rolling stock from another manufacturer/owner would oblige AEA to acquire rolling stock which has different technical characteristics which would result in incompatibility and disproportionate technical difficulties in operation and maintenance. This is exacerbated in the context of the Covid-19 pandemic.
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:
Yes
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
19/09/2020
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
Angel Trains Rolling Stock Ltd
27 Hill Street
St Helier
JE2 4UA
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:
: 888 355 903.95
GBP
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
22/09/2020