Section one: Contracting entity
one.1) Name and addresses
ScotRail Trains Limited
50 Waterloo Street
Glasgow
G2 6HQ
Contact
Lisa McWilliam
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=AA30589
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
https://scotrail.wax-live.com/
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://scotrail.wax-live.com/
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at
https://scotrail.wax-live.com/
one.6) Main activity
Railway services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Framework for the provision of legal services in support of ScotRail’s New Trains Procurement Programme
Reference number
SR024
two.1.2) Main CPV code
- 79100000 - Legal services
two.1.3) Type of contract
Services
two.1.4) Short description
ScotRail Trains (SRT) plans to replace 65% of its train fleet (around 675 carriages) in the period 2027 to 2035. Nine of the eleven sub fleets of trains currently operated will be replaced as leases expire and it becomes uneconomical to life extend trains for continued operation. As part of this programme SRT will decarbonise our entire train fleet helping Scottish Government deliver a key milestone in transitioning Scotland to a net zero economy. All existing diesel trains will be withdrawn and replaced with new trains powered by overhead electric wires, batteries or hydrogen. As well as eliminating carbon emissions from passenger rail services in Scotland, this will transform our customer offer improving journey comfort, accessibility and reliability. We will reduce operating costs and improve the consistency of offer to customers by consolidating the number of different sub fleets we operate from the existing eleven to, ideally, five.
This transformation will be delivered through three procurement competitions:
- Phase 1 2022-23 - we will procure a new fleet of suburban trains which will enter passenger service between 2027 and 2030. These trains will connect local communities with Edinburgh, Glasgow, Perth, Dundee and Aberdeen.
- Phase 2 2024-25 (indicative) we will procure a new fleet of trains for our rural routes.
- Phase 3 2025-26 (indicative) we will procure a new fleet of intercity trains to connect the central belt with Aberdeen and Inverness.
SRT require legal advice services to support us in running efficient and compliant procurement competitions which deliver trains which meet our customer, technical and operational requirements whilst providing value for money for the taxpayer. Value for money extends beyond the capital and operating cost of the new trains to include the economic and societal benefits which can be delivered for local communities and businesses through such significant investment from Scottish Government. Ensuring the new trains are constructed in a manner which minimises the impact on the environment will also be a key factor in delivering a successful sustainable procurement.
The first phase of the new trains programme will be to procure a new fleet of suburban electric and battery electric multiple units (EMU and BEMU). Including options, the suburban procurement is envisaged to cover around 120 units comprising around 550 vehicles. We envisage the minimum core order being 64 units and 295 vehicles.
The scope of the procurement will also include Maintenance services – tenderers will be required to submit options for both a Technical Services Agreement and Technical Support and Spares Supply Agreement and a decision on the route which provides best overall value for money will be taken prior to contract award.
Upgrades will be required to maintenance depot and servicing and stabling facilities. These are likely to be delivered by our partners in Network Rail, but we will investigate during the procurement if there is benefit in works being delivered by the train Manufacturer and Maintainer.
A separate procurement is anticipated be held in parallel with that of the trains to identify a suitable financier.
Following contract awards on the suburban trains procurement, it is envisaged that the team will move onto developing and delivering procurements for the rural and intercity fleets.
The legal advisors will be required to provide ad hoc contract management and legal support to the SRT project team managing the design, manufacture, testing, commissioning and approvals process of the new trains contracts.
SRT is acting to deliver the procurement on behalf of Scottish Rail Holdings (SRH) who are a public sector company, owned and controlled by the Scottish Government. SRH report to Transport Scotland (TS) who are the national transport agency for Scotland, responsible for delivering the Scottish Government's vision for transport.
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 79100000 - Legal services
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
Glasgow, Scotland
two.2.4) Description of the procurement
ScotRail Trains are seeking to contract with a legal services provider to provide ad hoc contract management and legal support to the SRT project team managing the design, manufacture, testing, commissioning and approvals process of the new trains contracts.
This support will include (but not be limited to) the creation of model contracts such as Rolling Stock Lease Agreement (lease), Manufacture & Supply Agreement (MSA), Technical Support and Spares Supply Agreement (TSSSA), Train Services Agreement (TSA), financing Lease – this list is not meant to be exhaustive.
ScotRail will also require guidance on procurement regulations at each stage of the procurement activity (PQQ/SPD, ITT, BAFO etc) to ensure compliance with the Utilities Contracts (Scotland) Regulations 2016.
SRT is acting to deliver the procurement on behalf of Scottish Rail Holdings (SRH) who are a public sector company, owned and controlled by the Scottish Government. SRH report to Transport Scotland (TS) who are the national transport agency for Scotland, responsible for delivering the Scottish Government's vision for transport. As such it will be a requirement of the contract that all entities within the Scottish Rail Holdings Group have access to these services.
two.2.5) Award criteria
Quality criterion - Name: Sector and specialist area knowledge / Weighting: 30
Quality criterion - Name: Proposed team / Weighting: 25
Quality criterion - Name: Suitability of approach / Weighting: 20
Quality criterion - Name: Added Value / Weighting: 5
Price - Weighting: 20
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Start date
10 October 2022
End date
31 March 2027
This contract is subject to renewal
Yes
Description of renewals
Option to extend contract up to an additional 36 months.
two.2.9) Information about the limits on the number of candidates to be invited
Envisaged minimum number: 2
Objective criteria for choosing the limited number of candidates:
- Relevant experience & Case Study - Experience in advising on Rolling Stock Procurement of this scale or equivalent.
Relevant experience - Working knowledge of UCR Scotland Regulations 2016 and all other relevant domestic or EU legislation and Scottish Law.
- Relevant experience - Previous experience of regulatory compliance and working with Govt Agencies (Transport Scotland, Department for Transport, Office of Rail Regulators).
- Relevant experience - in developing Model Contracts such as the list below:
- Rolling Stock Lease Agreement (lease)
- Manufacture & Supply Agreement (MSA)
- Technical Support and Spares Supply Agreement (TSSSA)
- Train Services Agreement (TSA)
two.2.10) Information about variants
Variants will be accepted: Yes
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 three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
three.1.4) Objective rules and criteria for participation
List and brief description of rules and criteria
1. Experience in advising on Rolling Stock Procurement of this scale or equivalent.
2. A working knowledge of Utilities Contracts (Scotland) Regulations 2016 and all other relevant domestic or EU legislation and Scottish Law
3. Experience of regulatory compliance and working with Govt Agencies (Transport Scotland, Department for Transport, Office of Rail Regulators)
4. Previous experience in developing Model Contracts such as:
- Rolling Stock Lease Agreement (lease)
- Manufacture & Supply Agreement (MSA)
- Technical Support and Spares Supply Agreement (TSSSA)
- Train Services Agreement (TSA)
three.2) Conditions related to the contract
three.2.3) Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated procedure with prior call for competition
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 3
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Date
2 September 2022
Local time
12:00pm
four.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
9 September 2022
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.6) Minimum time frame during which the tenderer must maintain the tender
Tender must be valid until: 28 October 2022
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
NOTE: To register your interest in this notice and obtain any additional information please visit the Public Contracts Scotland Web Site at https://www.publiccontractsscotland.gov.uk/Search/Search_Switch.aspx?ID=702069.
(SC Ref:702069)
six.4) Procedures for review
six.4.1) Review body
SCOTTISH RAIL HOLDINGS LIMITED
Glasgow
Country
United Kingdom