Section one: Contracting authority/entity
one.1) Name and addresses
FIRST TRANSPENNINE EXPRESS LIMITED
8th Floor, The Point, 37 North Wharf Road
London
W2 1AF
Contact
Stephen Stewart
Country
United Kingdom
Region code
UKI32 - Westminster
Companies House
09111801
Internet address(es)
Main address
one.6) Main activity
Railway services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Extension of rolling stock lease with Eversholt Rail Limited for Class 397 vehicles that are already operated on the TPE rail network.
two.1.2) Main CPV code
- 60200000 - Railway transport services
two.1.3) Type of contract
Services
two.1.4) Short description
In preparation for an award of a National Rail Contract from the Department for Transport to Transpennine Express Limited (operated by First Group), it is intended to extend the rolling stock lease with Eversholt Rail Limited for the fleets of trains currently under lease with Eversholt Rail Limited. The leases are expected to be extended in accordance with paragraph II.2.4 below.
The Contracting Authority will observe a 10 day standstill period from the date of issue of this notice prior to entering into the lease extensions with Eversholt Rail Limited.
The Standstill Period will end on 10th April 2023.
Please see PIN Ref (published by DfT) : 2022/S 000-006951 Dated 15th March 2022.
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 66000000 - Financial and insurance services
two.2.3) Place of performance
NUTS codes
- UKD - North West (England)
- UKE - Yorkshire and the Humber
- UKG - West Midlands (England)
- UKM - Scotland
Main site or place of performance
Services operated between
• Saltburn / Newcastle / Scarborough / Hull / Cleethorpes and Manchester / Liverpool
two.2.4) Description of the procurement
The Contracting Authority intends to extend the rolling stock leases in accordance with Regulation 50(1)(c)(ii) of the Utilities Contract Regulations 2016 for technical reasons. This is because there is no other UK based fleets available in sufficient quantities or within the requisite timeframe to meet TPE's needs for the National Rail Contract.
TPE intend to award a lease extension with Eversholt Rail Limited for the Class 397 rolling stock. The current lease expires in May 2023 and it is intended to extend the lease until May 2028 with a with a further 4 year option until May 2031 or an option to extend the lease from May 2023 to May 2031.
two.2.11) Information about options
Options: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
1. This is because there is no other UK based fleets available in sufficient quantities or within the requisite timeframe to meet TPE's needs for the National Rail Contract. Alternative rolling stock have been considered but do not meet either the speed requirements or capacity requirements.
2. Furthermore, the introduction of alternative rolling stock would require route approvals, including but not limited to, gauge clearance and TOC related infrastructure changes. These approvals and changes would not be finalised within the requisite timescales and TPE cannot operate with a gap in its services.
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
29 March 2023
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court
London
Country
United Kingdom