Section one: Contracting authority/entity
one.1) Name and addresses
Nexus
33 St James' Blvd
Newcastle upon Tyne
NE14AX
Contact
Julie Warnett
Telephone
+44 7879667318
Country
United Kingdom
NUTS code
UKC - North East (England)
Internet address(es)
Main address
one.6) Main activity
Urban railway, tramway, trolleybus or bus services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Technical support of New Rolling Stock and Associated Services
two.1.2) Main CPV code
- 71311200 - Transport systems consultancy services
two.1.3) Type of contract
Services
two.1.4) Short description
A zero based framework for consultancy service framework arrangement to provide support to Nexus in the procurement of new rolling stock and associated services.
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: £1
two.2) Description
two.2.2) Additional CPV code(s)
- 71311200 - Transport systems consultancy services
two.2.3) Place of performance
NUTS codes
- UKC - North East (England)
two.2.4) Description of the procurement
Technical support service.
two.2.11) Information about options
Options: 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:
Nexus relies of Regulation 50 (c) (ii) of the Utilities Regulations 2016 to enter into a services contract with MML using the negotiated procedure without prior call to competition. The services under this contract can only by supplied by MML as competition is absent for technical reasons and no reasonable alternative or substitute exists.
Nexus has entered into agreements with one supplier for all the elements of the delivery of its Metro Fleet Replacement Programme (the Programme) for the design, manufacture and supply of the new trains, the construction of a new depot, the maintenance of the existing fleet and the maintenance of the new fleet.
MML was first appointed to consult on this complex Programme in 2016 and has been involved in the development of the contacting and procurement strategies, the development of technical specifications, modelling and analysis, the procurement process and the initial and final design phases of the new fleet. MML therefore holds intrinsic knowledge of the technical proposals, designs and plans which will be delivered as part of the manufacturing, testing and commissioning phases of the Programme.
MML's knowledge extends beyond familiarity with the programme deliverables to the reasons why Nexus' requirements have been drafted in the way they have in the contracts and technical documents. This work has been carried out with a relatively small number of individuals in the MML project team who hold this overarching knowledge and understanding.
If the existing MML team was not available, the Programme could not be delivered within the timeframes set out in the contractual documentation or the programme documents agreed as part of the suite of contract agreements with Nexus' supplier.
Further, a slower delivery of the Programme would expose Nexus to significant financial and reputational risk. Strategically Nexus need to remove the existing fleet and replace it with its new trains as soon as possible on the basis the existing fleet is life expired, it is vulnerable to endemic and epidemic component failures and it has the worst performance of any comparable fleet in the UK.
There are large financial risks associated with a slower delivery of the Programme which would lead to Nexus failing to fulfil its obligations for time bound acceptance and certification of contractual documents and milestones. A delay to one agreement will also have an impact on the other agreements due to the way that this Programme is timed.
four.1.3) Information about a framework agreement
The procurement involves the establishment of a framework agreement
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
1 May 2021
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Nexus
Newcastle
Country
United Kingdom