Section one: Contracting authority/entity
one.1) Name and addresses
Transport for London
5 ENDEAVOUR SQUARE
LONDON
E201JN
Contact
Nalinee Jaipersad
nalinee.jaipersad@tube.tfl.gov.uk
Country
United Kingdom
NUTS code
UKI41 - Hackney and Newham
Internet address(es)
Main address
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Manufacture and Supply Agreement and Fleet Support Agreement for the delivery of the Deep Tube Upgrade Programme
Reference number
2334_M_MSA
two.1.2) Main CPV code
- 34620000 - Rolling stock
two.1.3) Type of contract
Supplies
two.2) Description
two.2.2) Additional CPV code(s)
- 34622000 - Railway and tramway passenger coaches, and trolleybuses
- 34631000 - Parts of locomotives or rolling stock
two.2.3) Place of performance
NUTS codes
- UKI - London
Main site or place of performance
London
two.2.4) Description of the procurement at the time of conclusion of the contract:
Provision of new rolling stock and technical support for Deep Tube Upgrade Programme:
The scope includes
(a) The design, manufacture, testing, commissioning and entry into passenger service of new rolling stock capable of GoA4 operation.
(b) Integration and support to the railway system design.
(c) The provision of maintenance and technical support services.
Comprising approximately 100 new trains with a nominal length of 113 m for the Piccadilly line, approximately 100 trains with a nominal length of 134 m for the Central line, approximately 40 trains with a nominal length of 113 m for the Bakerloo line and approximately 10 trains with a nominal length of 70m for the Waterloo & City line with each train offering an enhanced customer environment including saloon air-cooling and open wide gangways.
The trains shall be introduced on a line by line basis with the contract structure comprising an initial requirement for Piccadilly Line trains with options for the other lines.
The contract also provides LUL with options to purchase a number of additional trains for each line depending on the emerging service pattern.
two.2.7) Duration of the contract, framework agreement, dynamic purchasing system or concession
Duration in months
129
Section four. Procedure
four.2) Administrative information
four.2.1) Contract award notice concerning this contract
Notice number: 2019/S 133-328240
Section five. Award of contract/concession
Contract No
3244_M_5001
Title
Provision of new rolling stock and technical support for Deep Tube Upgrade Programme
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract/concession award decision:
18 November 2018
five.2.2) Information about tenders
The contract/concession has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Siemens Mobility Limited
24 Eversholt Street Euston House
London
NW1 1AD
info.railsystems.gb@siemens.com
Country
United Kingdom
NUTS code
- UKI - London
Internet address
https://new.siemens.com/global/en/products/mobility/contact.html
The contractor/concessionaire is an SME
No
five.2.4) Information on value of the contract/lot/concession (at the time of conclusion of the contract;excluding VAT)
Total value of the procurement: £1,436,685,810
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The High Court
Royal Courts of Justice, The Strand
london
WC2A2LL
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
Transport for London
5 Endeavour Square
London
E20 1JN
Country
United Kingdom
Internet address
six.4.4) Service from which information about the review procedure may be obtained
The High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
Country
United Kingdom
Section seven: Modifications to the contract/concession
seven.1) Description of the procurement after the modifications
seven.1.1) Main CPV code
- 34622400 - Railway carriages
seven.1.3) Place of performance
NUTS code
- AT13 - Vienna
Main site or place of performance
Leberstr. 34, A1110 Vienna Austria
seven.1.4) Description of the procurement:
The scope and nature of the procurement remains as it was on the date the contract was concluded. See, in particular, the description at section II.2.4 above.
seven.1.5) Duration of the contract, framework agreement, dynamic purchasing system or concession
End date
30 August 2029
seven.1.6) Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession:
£1,447,487,071.52
seven.1.7) Name and address of the contractor/concessionaire
Siemens Mobility UK Ltd
London
Country
United Kingdom
NUTS code
- UKI - London
The contractor/concessionaire is an SME
No
seven.2) Information about modifications
seven.2.1) Description of the modifications
Nature and extent of the modifications (with indication of possible earlier changes to the contract):
Late in the design phase, LUL discovered that the Instructor Operator Position as specified by LUL was unsuitable. If changes were not made, the fleet could not be accepted into use.
COVID-19 restrictions meant physical mock-ups were not available to LUL, which prevented the flaw being identified earlier.
Design changes were required to enable optimisation of the space for the instructor, namely removing the Saloon Operating Position from the Train Technical Specification. The changes impact the design of the driver's cab and the adjacent saloon (i.e. removal of 2 passenger seats, adjustments to saloon windows and CIS screens and repositioning of partition wall).
To minimise the cost of these changes, some contract terms were modified, including payment profile and key programme dates. A robust process was carried out to ensure the sum of the increase in price and the value of contractual changes does not exceed the estimated cost of implementing the design changes.
seven.2.2) Reasons for modification
Need for modification brought about by circumstances which a diligent contracting authority/entity could not foresee.
Description of the circumstances which rendered the modification necessary and explanation of the unforeseen nature of these circumstances:
LUL considers that Reg 88(1)(e) of the Utilities Contracts Regulations applies as the modifications are not substantial: the modifications do not change the character of the contract, would not have impacted the outcome of the procurement, do not shift the economic balance of the contract in favour of Siemens, and do not extend the scope of the contract. In particular, the cost increase reflects proportionate compensation for implementing the design changes. In addition and/or the alternative LUL considers that Reg 88(1)(c) applies as the modifications were brought about by circumstances which could not have been foreseen and do not alter the overall nature of the contract. In particular, the unavailability of physical mock-ups due to COVID-19 restrictions, which could not have been foreseen, prevented the design issue being identified sooner.
seven.2.3) Increase in price
Updated total contract value before the modifications (taking into account possible earlier contract modifications, price adaptions and average inflation)
Value excluding VAT: £1,447,487,071.52
Total contract value after the modifications
Value excluding VAT: £1,481,487,071.52