Section one: Contracting authority/entity
one.1) Name and addresses
Network Rail Infrastructure Ltd
1 Eversholt Street
London
NW1 2DN
Shane.Bisgrove@networkrail.co.uk
Telephone
+44 1908781000
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
one.6) Main activity
Other activity
Railway Supply of Components
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Supply of Clamplocks and Associated Items
two.1.2) Main CPV code
- 34940000 - Railway equipment
two.1.3) Type of contract
Supplies
two.1.4) Short description
This is a voluntary ex ante transparency (VEAT) notice. This notice is to indicate that Network Rail intends to contract with SPX Flow Technology Limited for the purchase of Clamplocks/ Inbearer Clamplocks and associated items which form part of point operating systems.
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: £92,066,825.01
two.2) Description
two.2.2) Additional CPV code(s)
- 34632200 - Electrical signalling equipment for railways
- 34941800 - Railway points
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
Main site or place of performance
UK Railway infrastructure as maintained by Network Rail.
two.2.4) Description of the procurement
It is a requirement that the Clamplock equipment is PA approved on the Network to ensure safe operation of the railway. The scope of works are purely limited to supply of components. Clamplocks are safety critical components for point operating mechanisms. Any failure of points operating equipment within the signalling/infrastructure introduces multiple risks to the network which could potentially result in line closure and delays with the possibility of injury arising from failure of points operating correctly. The requirement is national, with Clamplocks being used across the whole network. The supplier for this requirement is SPX Flow technology Limited, they have been supplying Clamplocks for the last 30 years to Network Rail and own all associated IPR relative to the assemblies and components for this requirement.
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:
This requirement falls under provision 50-1-C-iii of the Utilities Contract Regulations 2016, which stipulates that a procurement activity without call to competition may be implemented if exclusive rights such as intellectual property will be breached as a result. This is relevant to the designs of SPX as they currently hold IPR rights for all components constituting Clamplock assemblies. Given the above considerations,there are no other reasonable alternatives at this time that would satisfy Network Rails requirements. Justification for this STA can also be seen in 50-1-E of the Utilities Contract Regulations 2016, detailing the technical difficulty of adoption of new technology It has been confirmed by Network Rail Technical Authority, that by changing the design from that other than that of SPX’s, it would result in either incompatibility and or disproportionate technical difficulties, in approving/ commissioning new Clamplock systems.
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: Yes
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
5 January 2022
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court
Royal Courts of Justice, The Strand
Country
United Kingdom