Section one: Contracting authority/entity
one.1) Name and addresses
Network Rail (High Speed) Limited
Waterloo General Offices
London
SE1 8SW
Richard.Connolly@networkrail.co.uk
Telephone
+44 1908781000
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
one.6) Main activity
Railway services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Network Rail (High Speed) High Output Midlife Ballast Refurbishment
two.1.2) Main CPV code
- 50225000 - Railway-track maintenance services
two.1.3) Type of contract
Services
two.1.4) Short description
Cleaning and partial replacement of ballast materials forming part of the structure of the High Speed 1 railway line.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £89,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 45234130 - Ballast construction works
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
Main site or place of performance
High Speed 1 railway line - Kent
two.2.4) Description of the procurement
Cleaning and partial replacement of ballast materials, currently planned to be delivered in three tranches over a 5 year period, forming part of the structure of the High Speed 1 railway line including but not limited to:
• Management and delivery of the detailed design and development works
• Undertaking and validation of the site investigations and survey information
• Access planning and control
• Contingency arrangements and planning
• Logistics and haulage
• Provisions of labour and all specialist plant and machinery
• Supply and quality assurance of ballast materials
• Compliant delivery of the renewal works
• Generation and issue of relevant handover documents and completion drawings
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
Network Rail (High Speed) Limited (NRHS) intends to enter into this contract with Network Rail Infrastructure Limited (NRIL) on the basis of Regulation 28(2) of the Utilities Contracts Regulations 2016. This provides that a contract falls outside UCR2016 where a controlled legal person which is a contracting authority awards a contract to its controlling contracting authority provided there is no direct private capital participation in the contracting authority being awarded the contract. NRIL is a contracting authority; it is ultimately owned by Network Rail Limited, a company limited by guarantee, of whom the Secretary of State for Transport is the sole member. NRHS is a wholly owned subsidiary of NRIL. NRHS considers that it is a contracting authority on the basis of the general test set out in Regulation 4, UCR2016. NRHS has legally personality as it is a private company limited by shares, incorporated in England and Wales. NRHS is subject to administrative, managerial and supervisory control by NRIL for the purposes of part (c)(ii) and (iii). NRHS's memorandum and articles of association provide for the appointment of directors to the board by ordinary resolution. NRHS's directors have the usual duties in the direction and management of its affairs as required of the directors of a limited company under UK company law. As NRIL is the sole shareholder of NRHS, its ability to make appointments to the board of directors means part (c)(iii) of the test is met. NRHS also considers it was "established for the specific purpose of meeting needs in the general interest" i.e. its activities were intended to and continue to almost entirely consist of services in relation to the High-Speed 1 line for HS1 Limited (under the long-term Operator Agreement between NRHS and HS1 Limited) including u, the provision of maintenance and renewals services and that those services should be regarded as meeting needs in the general interest. Activities of NRIL's subsidiaries are also constrained by Condition 16.1 of its Network Licence. NRHS further considers that it does not have an industrial or commercial character on the basis that it is strongly arguable that it does not operate in normal market conditions and that it is not clear that it would ultimately require to bear all risks associated with exercise of its activities. For these reasons, NRHS considers that it is a contracting authority and is entitled to make use of the exception from UCR2016 set out in Regulation 28(2). The contract to be awarded will place an obligation upon NRIL to carry out works relating to the cleaning and partial replacement of ballast materials forming part of the structure of the High Speed 1 railway line which NRHS is responsible to HS1 Limited for the maintenance of.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
27 January 2025
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Network Rail Infrastructure Limited
Waterloo General Office
London
SE1 8SW
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £89,000,000
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.3) Additional information
Please note V.2.1 above did not permit a future date to be entered.
Network Rail (High Speed) Limited intends to observe a ten day standstill period following publication of this notice before entering into the contract.
six.4) Procedures for review
six.4.1) Review body
Royal Courts of Justice
The Strand
London
WC2A 2LL
Country
United Kingdom