Section one: Contracting authority/entity
one.1) Name and addresses
Fife Council
Bankhead Central, Bankhead Park
Glenrothes
KY7 6GH
Contact
Sarah Cutler
Telephone
+44 3451550000
Country
United Kingdom
NUTS code
UKM72 - Clackmannanshire and Fife
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00187
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
South Fife Local Bus Services - Contract Extensions
Reference number
11195
two.1.2) Main CPV code
- 60112000 - Public road transport services
two.1.3) Type of contract
Services
two.1.4) Short description
Fife Council organises local bus services as permitted by Section 63(2) of The Transport Act 1985. The Council wishes to provide bus services to provide links for communities either not served by the commercial bus network or not served by that network on particular days or at particular times of day.
These bus services which are the subject of this Notice are in South Fife. South Fife is an area comprising, though not exclusively so, the boundaries of the former Dunfermline District Council. In general terms, this area is bounded by Kincardine, Saline, Kelty, Cardenden, Aberdour and the Forth Coast between Aberdour and Kincardine. The main urban centres are Dunfermline, Rosyth, Inverkeithing, Dalgety Bay, Cowdenbeath, Lochgelly, Cardenden, Kelty and Ballingry. Services may operate wholly within the South Fife area but are not limited by its boundaries and may operate further afield.
On 20th February 2019, Fife Council confirmed to successful operators their place on the framework for the provision of South Fife Local Bus Services. Contracts initially awarded under the framework commenced on 19th August 2019 with an end date of 14th August 2022. Information about the award of the framework and contracts awarded under it was published on 7th March 2019 under references: MAR347581 OCID:ocds-r6ebe6-0000560754. This notice is to extend these existing contracts with the incumbent suppliers for a period of 12 months until 13th August 2023 for the reasons detailed in section IV of this notice.
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: £1,260,361
two.2) Description
two.2.2) Additional CPV code(s)
- 60112000 - Public road transport services
two.2.3) Place of performance
NUTS codes
- UKM72 - Clackmannanshire and Fife
Main site or place of performance
South Fife
two.2.4) Description of the procurement
These contracts are an extension of the existing contracts for the supply of local bus services in South Fife:
SF/89-1
North Queensferry – Duloch Park – Dunfermline – Crossford
SF/8783
Dunfermline – Duloch Park – Dalgety Bay – North Queensferry / Dalgety Bay – Duloch Park – Dunfermline
SF/28-1
QMH – Dunfermline – Steelend – Oakley – High Valleyfield – Kincardine – Falkirk
SF/20ALT2-1
Ballingry – Lochore – Lochgelly
SF/8
Dunfermline – Culross/Kincardine
SF/7D
Sandpiper Drive, Duloch Park, Linburn Road, McKay Drive, Glen Nevis Drive, Johnston Crescent, St Leonards Bus Depot, Dunfermline Bus Station, St Leonards Asda, Rosyth, Inverkeithing Rail Station, Ferrytoll, North Queensferry
SFOSDTOWN
Bus Station - Abbeyview - Fife Leisure Park - Duloch District Centre - Pitcorthie - Bus Station - Bus Station - Touch - Abbeyview - Wedderburn - New Row - James St - Dunfermline Bus Station
SFOS81SQMH
Queen Margaret Hospital, Halbeath, Kingseat Road, Kingseat, Cowdenbeath, Lochgelly, Ballingry, Kinglassie, Glenrothes College, Glenrothes Bus Station.
SF/F6
Steelend Turning Circle, Saline Turning Circle, Carnock Primary School, Milesmark Primary School, Dunfermline Golfdrum Street, Dunfermline Bus Station, Dunfermline James Street, Limekilns Harbour, Charlestown The Elgin Hotel, Crombie Ordanance Road, Rosyth crossroads Queensferry Road, Ferrytoll Park and Ride.
SF/7188ALT-1
71 - Kincardine, Culross, High Valleyfield, Crombie, Charlestown, Limekilns, Rosyth, Ferrytoll P&R, Inverkeithing.
88 – Rosyth, Castle Road opp Innova Way, Rosyth, Ferrytoll Road, Ferrytoll Park and Ride, Inverkeithing Square, Inverkeithing Rail Station, Preston Crescent, Spencerfield Road, Spittalfield Crescent, Inverkeithing Hill Street, Whinneyhill Crescent, Struan Drive, Hillfield Crescent, Inverkeithing Square, Preston Crescent, Spencerfield Road, Spittalfield Crescent, Inverkeithing Rail Station, Inverkeithing Hope Street, Ferrytoll Park and Ride, Rosyth, Ferrytoll Road, Castle Road opp Innova Way
SF/18-1 Cowdenbeath, Foulford Road, Stenhouse Street, Moss Side Road, Cowdenbeath Fountain, Auchtertool, Kirkcaldy Bus Station, Victoria Hospital.
SF/17A17B-1
17A - Cowdenbeath, Mossend Terrace, Rae Street, Moss Side Road, High Street, Stenhouse Street, Foulford Road, Craigbeath Court, Kelty, Cross Church, Westcroft Way.
17B – Mossgreen, Crossgate, Cowdenbeath, Rae Street, Greenback Drive, Young Terrace, Selkirk Avenue, High Street, Craigbeath Court, Kelty, Cross Church, Shiels Cottages, Westcroft Way.
SF/4B
4B - Dunfermline Bus Station, Baldridgeburn, Parkneuk, Milesmark, Carnock, Oakley, Comrie, Blairhall.
4C - Dunfermline Bus Station, Baldridgeburn, Parkneuk, Milesmark, Carnock, Oakley, Comrie, Blairhall, Comrie, Saline, Steelend
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:
Covid-19 has reduced demand so fares information for specifications can’t be provided and it’s unclear when passenger numbers will return to pre-Covid levels, leading to difficulty in pricing bids because fare levels are unknown. By extending contracts, we have time to obtain more realistic passenger level data. - Covid-19 has prevented us undertaking on-bus passenger surveys, a more effective tool than online ones with regard to response numbers. Recovered passenger levels will enable accurate surveys. - The Covid Support Grant will be revised/ended at some point, which is likely to impact bus operators’ income. There is concern that, when the Government support ends, marginal commercial bus routes will be withdrawn, putting pressure on the Council to subsidise replacements. The impact isn’t yet known but we wouldn’t want any decisions/outcomes to force us to amend/abandon a procurement in the near future. - Delay to implementing the Under 22s Free Travel Scheme leaves unknowns re. provision of passenger and pupil fare estimates and continued uncertainty over what the Government will be funding with regard to pupils on our registered school buses.
All are circumstances outwith the Council’s control. The expiry of the incumbent contracts while these circumstances apply makes assessing the need for services and consequently the specification of a longer term requirement impossible. It is proposed therefore to extend the existing contracts/service for a short time until the above circumstances resolve.
It is considered these circumstances fall within the scope of Regulation 33(1)(c)- extreme urgency brought about by unforeseeable circumstances). The Urgency has been brought about by the combination of the above circumstances caused by Covid-19 which mean we are unable to accurately assess the pattern of bus usage needed to shape an appropriate future network of services, and the fact existing contracts are coming to an end.
The circumstances also fall within the scope of Section 72(1)(c) which permits the modification of a contract, including extension, where all of the following conditions are fulfilled:
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen (See above); (ii) the modification does not alter the overall nature of the contract or framework; (iii) any increase in price does not exceed 50% of the initial contract value or framework agreement;
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.2.1) Previous publication concerning this procedure
Notice number: 2019/S 047-108314
Section five. Award of contract/concession
Contract No
11195
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
7 October 2021
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
Stagecoach East Scotland
Unit 9 u/f, Castle Business Centre, Queensferry Road, Pitreavie Industrial Estate
Dunfermline
KY11 8NT
Country
United Kingdom
NUTS code
- UKM7 - Eastern Scotland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
Bay Travel
3 Glenfield Industrial Estate
Cowdenbeath
KY4 9HT
Country
United Kingdom
NUTS code
- UKM72 - Clackmannanshire and Fife
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £1,260,361
Section six. Complementary information
six.3) Additional information
EXTENSION INFORMATION
CONTRACT - OPERATOR - ANNUAL PRICE GBP
SF/89-1 - Stagecoach - 134,892.00
SF/8783 - Stagecoach - 261,542.00
SF/28-1 - Stagecoach - 103,856.00
SF/20ALT2-1 - Stagecoach - 54,616.00
SF/8 - Stagecoach - 33,628.00
SF/7D - Stagecoach - 87,853.00
SFOSDTOWN - Stagecoach - 156,791.00
SFOS81SQMH - Stagecoach - 97,158.00
SF/F6 - Bay Travel - 67,321.00
SF/7188ALT-1 - Bay Travel - 85,845.00
SF/18-1 - Bay Travel - 15,641.00
SF/17A17B-1 - Bay Travel - 94,901.00
SF/4B - Bay Travel - 66,317.00
(SC Ref:673054)
six.4) Procedures for review
six.4.1) Review body
Kirkcaldy Sheriff Court
Kirkcaldy
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts:
An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.