Section one: Contracting authority
one.1) Name and addresses
The Scottish Ministers
Buchanan House, 58 Port Dundas Road
Glasgow
G4 0HF
Contact
Damian Briody
PINCaledonianSleeper2022@transport.gov.scot
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00099
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
Additional information can be obtained from the above-mentioned address
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Caledonian Sleeper Franchise Replacement (Regulation 1370/2007)
two.1.2) Main CPV code
- 60200000 - Railway transport services
two.1.3) Type of contract
Services
two.1.4) Short description
Rail transport services
two.1.5) Estimated total value
Value excluding VAT: £250,000,000
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 60210000 - Public transport services by railways
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
Scotland
two.2.4) Description of the procurement
On the basis that the Caledonian Sleeper Franchise Agreement between the Scottish Ministers and Serco Caledonian Sleeper Limited (FA), provides firstly for the possibility that the franchisee may exercise a rebasing option after 1 April 2022 and secondly that there are a number of possible consequences under the FA, Transport Scotland, on behalf of Scottish Ministers, are seeking to preserve their ability to make a direct contract award should circumstances arise in due course that give them cause to do so.
Transport Scotland, on behalf of the Scottish Ministers, may, depending on the circumstances and having regard to the obligations of the Scottish Ministers in terms of the Scottish Public Finance Manual, wish to make a direct award of a Public Service Contract to Serco Caledonian Sleeper Ltd under and in terms of Article 5(6) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road as amended (retained EU Law).
More information can be found on Transport Scotland’s website:
https://www.transport.gov.scot/public-transport/rail/caledonian-sleeper-franchise/
As an alternative to the above and depending on whether circumstances arise which engage the Scottish Ministers’ duty at section 30 of the Railways Act 1993, Transport Scotland, on behalf of the Scottish Ministers may entrust the provision of Caledonian Sleeper Passenger Services to a company owned and controlled by the Scottish Ministers and make a direct award of a Public Service Contract in that regard under and in terms of Article 5(2) or Article 5 (6) of Regulation (EC) No 1370/2007. The Scottish Ministers may put in place a holding company structure in support of the proposed arrangements.
The contract awards described above are expected to cover rail passenger services of substantially the same scope as the current Caledonian Sleeper Franchise.
two.2.14) Additional information
Term of Award
The Scottish Ministers may require to put a Public Service Contract in place for up to 10 years (depending on the circumstances and subject to legal constraints).
two.3) Estimated date of publication of contract notice
25 June 2022
Section four. Procedure
four.1) Description
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section six. Complementary information
six.3) Additional information
Envisaged start date and the duration of the contract:-
Start: 25 June 2023
Duration in months: up to 120
(SC Ref:698244)