08/02/2012
S26
Member states - Supply contract - Voluntary ex ante transparency notice - Negotiated without a call for competition
Voluntary ex ante transparency notice
This notice is covered by: Directive 2004/17/EC(Utilities)
Section I: Contracting authority/entity
I.1)Name, addresses and contact point(s)
First / Keolis TransPennine Limited
8th Floor, Bridgewater House, 60 Whitworth Street
Contact point(s): Paul Staples
M1 6LT Manchester
UNITED KINGDOM
Telephone: +44 1612288589
E-mail: Paul.Staples@firstgroup.com
Fax: +44 1612288152
I.2)Type of the contracting authority
I.3)Main activity
Railway services
1.4)Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no
Section II: Object of the contract
II.1)Description
II.1.1)Title attributed to the contract
Novation to First / Keolis TransPennine Limited of contracts for the procurement of 10 Electrical Multiple Units and related support.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
A combination of these
Main site or location of works, place of delivery or of performance: United Kingdom.
II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Short description of the contract or purchase(s)
In its role as the franchisee of the TransPennine Express Franchise and at the direction of the Department for Transport, First / Keolis TransPennine Limited is entering into novations of contracts being entered into between London and Birmingham Railway Limited, Siemens PLC and Angel Trains Limited (as appropriate) for the design, manufacture, purchase, maintenance / full service provision and leasing of ten new electical multiple units. The award by London and Birmingham Railway Limited of the contracts being novated is the subject of a separate notice.
II.1.5)Common procurement vocabulary (CPV)
34620000, 66114000, 50222000
II.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): no
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 148 000 000,00 GBP
Excluding VAT
Section IV: Procedure
IV.1)Type of procedure
Negotiated without publication of a contract notice / call for competition
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/EC or 2004/17/EC respectively
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical
First / Keolis TransPennine Express ("TPE") is intending at the direction of the Department for Transport (“DfT”) to enter into three novations (the “Novations”), one of a contract between Siemens PLC and London and Birmingham Railway Limited (“LM”) and Angel Trains Limited ("Angel") for the design and manufacture and purchase by Angel of 10 new Electrical Multiple Units (“EMUs"), one of a contract between Siemens PLC and LM for the maintenance / full service provision of the EMUs (including upgrade works to the rail depot known as Ardwick Traincare Depot) and one between Angel and LM for the lease of the EMUs. LM has separately conducted the procurement of the three contracts to be novated, in accordance with notice 2009S/70-102064. As confirmed in the Transparency Notice in respect of LM's procurement and from a press notice published on 14 September 2011, LM is procuring the new EMUs on behalf of DfT in respect of Manchester Scotland services. The DfT is providing an undertaking under section 54 of the Railways Act 1993 (as amended) in respect of the ongoing leasing of the EMUs. TPE is the current operator of the Manchester Scotland services under a franchise agreement with the DfT due to expire between 1.4.2014 and 1.4.2015. In accordance with the terms of that franchise agreement DfT has a right to direct TPE to enter into the Novations. TPE now expects to be directed by the DfT to enter into the Novations. TPE is proposing if so directed to enter into the Novations using the negotiated procedure without notice on the basis, if the entry into the Novations is covered by the Utilities Regulations, that for technical reasons (including but not limited to ensuring it does not breach the legal obligations under its Franchise Agreement to comply with the directions of the DfT which it is obliged by law (see the Railways Act 1993) to accept). Accordingly LM, Siemens and Angel as applicable are the only parties capable of performing the Novations and the contracts to be novated to TPE under them. On this basis, this document gives notice of TPE's intention to enter into the Novations on 20.2.2012 or as soon as possible thereafter following receipt of DfT’s directions to do so.
IV.2)Award criteria
IV.2.1)Award criteria
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority/entity
IV.3.2)Previous publication(s) concerning the same contract
Section V: Award of contract
V.1)Date of contract award decision:
2.2.2012
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken
Siemens PLC
2 Queen Anne's Buildings, Dartmouth Street
SW1H 9BP London
UNITED KINGDOM
V.4)Information on value of contract
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no
V.1)Date of contract award decision:
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken
Angel Trains Limited
Portland House, Bressenden Place
London
UNITED KINGDOM
V.4)Information on value of contract
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no
V.1)Date of contract award decision:
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken
London and Birmingham Railway Limited
102 New Street
Birmingham
UNITED KINGDOM
V.4)Information on value of contract
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no
Section VI: Complementary information
VI.1)Information about European Union funds
VI.2)Additional information:
First / Keolis TransPennine Limited reserves its rights on the application of the Utilities Contracts Regulations 2006 (as amended), Directive 2004/17/EC or procurement law to the novation of the agreements noted above. The issue of this notice should not be taken as acceptance that this legislation applies nor is this notice intended to create any contract (express or implied) that TPE is conducting a tender process in accordance with the Utilities Contracts Regulations 2006 (as amended), Directive 2004/17/EC or procurement law.
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
High Court of England and Wales
London
UNITED KINGDOM
VI.3.2)Lodging of appeals
VI.3.3)Service from which information about the lodging of appeals may be obtained
High Court of England and Wales
London
UNITED KINGDOM
VI.4)Date of dispatch of this notice:
3.2.2012