London Overground Concession Agreement

London Overground Concession Agreement

The contract is a new fixed-term agreement to provide passenger rail services on the London Overground railway.

United Kingdom-London: Railway transport services

2015/S 067-121013

Contract notice – utilities


Directive 2004/17/EC

Section I: Contracting entity

I.1)Name, addresses and contact point(s)

Transport for London — Rail for London
42-50 Victoria Street
Contact point(s): Rail for London Operations Team

Internet address(es):

General address of the contracting entity:

Further information can be obtained from: Rail for London
CS30/G5/14 25 Canada Square, Canary Wharf
For the attention of: Mr Nathan Griffiths
E14 5LQ London

Specifications and additional documents (including documents for a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Main activity

Railway services
Urban railway, tramway, trolleybus or bus services

I.3)Contract award on behalf of other contracting entities

The contracting entity is purchasing on behalf of other contracting entities: no

Section II: Object of the contract


II.1.1)Title attributed to the contract by the contracting entity:

London Overground Concession Agreement.

II.1.2)Type of contract and location of works, place of delivery or of performance

Service category No 18: Rail transport services


II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract
II.1.4)Information on framework agreement

II.1.5)Short description of the contract or purchase(s):

The contract is a new fixed-term agreement to provide passenger rail services on the London Overground railway. The Operator will be required to deliver the contractual requirements detailed in the Concession Agreement and to work collaboratively with RfL to improve services throughout the concession term. The Operator will be required to provide rail services operated over the current London Overground network as well as services over routes transferring from the Greater Anglia franchise in May 2015. Train services will be operated initially using a mixture of existing electric and diesel rolling stock that will be partially replaced by new electric rolling stock supplied by RfL and deployed by the Operator. The contract term is expected to be 7 years and 5 months with an option to extend by up to two years, exercised at RfL’s discretion. Further details will be provided in the Invitation to Tender.

II.1.6)Common procurement vocabulary (CPV)

60200000, 60210000

II.1.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Information about lots

This contract is divided into lots: no

II.1.9)Information about variants

Variants will be accepted: yes
II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The scope of the contract is expected to include:
(a) Operating passenger rail services over the London Overground network consisting of seven distinct routes;
(b) Operating a mixed fleet of rolling stock and managing multiple rolling stock providers;
(c) Supporting the introduction of a new fleet of at least 45 x 4-car EMUs to replace part of the existing fleet;
(d) Managing 81 stations as station facility owner and 30 stations as the beneficiary;
(e) Facilitating the delivery of a programme of station improvement works. The Operator may also be required to undertake station enhancement works on behalf of RfL;
(f) Supporting the re-commissioning of Gospel Oak <> Barking line and re-introduction of services following the completion of electrification works;
(g) Introducing service frequency enhancements across all routes and also potential service extensions;
(h) Development of timetables using industry processes to meet required service levels;
(i) Provision of resources to support command and control activities, train operations, revenue protection, station management and maintenance and customer services;
(j) Obtaining safety certification to operate the services;
(k) Entering into station and track access agreements and station leases;
(l) Collection and protection of RfL’s revenue;
(m) Managing the TUPE transfer of around 1 300 employees and further recruitment and training necessary for the provision of the services;
(n) Managing planned and unplanned train service disruptions;
(o) Developing and maintaining a close working and strategic relationship with RfL; and
(p) Any other activities that could be expected of an Operator of a rail concession or equivalent.
In relation to the scope of this contract, see further section II.2.2 below on options. Further information will be provided in the Invitation to Tender.

II.2.2)Information about options

Options: yes
Description of these options: Description of these options: The following options are currently anticipated:
(a) An option to extend the contract period for up to 2 years;
(b) Introduction and delivery of service frequency enhancements;
(c) Delivering a transformation in ticket retailing; and
(d) Managing the operational impacts arising during the construction of HS2.
Further information will be provided in the invitation to tender.

II.2.3)Information about renewals

This contract is subject to renewal: no

II.3)Duration of the contract or time limit for completion

Duration in months: 89 (from the award of the contract)

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract

III.1.1)Deposits and guarantees required:

Parent company guarantees may be requested if appropriate. Performance bonds and/or capitalisation of the Operator (either fixed or contingent) may also be required as alternative or in addition to parent company guarantees.
Detailed requirements will be included in the Invitation to Tender.

III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

RfL specifies the train service plan and the performance and service quality standards that the Operator must deliver. The Operator is paid a fixed payment with adjustments (bonuses and/or reductions) based on actual performance being better and/or worse than specified service measures. The contract is also likely to include a profit-sharing mechanism that will trigger at a margin above the bid level of profit.
Further information will be included in the Invitation to Tender.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

Upon Contract Award the contracting entity will enter into a contract with a single legal entity. Therefore, economic operators may form partnerships, limited companies (or equivalent), joint ventures or similar.
Detailed requirements will be included in the Invitation to Tender.

III.1.4)Other particular conditions:

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: Details of the requirements for the performance of the contract will be included in the Invitation to Tender.
III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: Interested economic operators must express their interest in participating in the London Overground Concession procurement by sending an e-mail to On receipt of such emails RfL will respond by email with instructions for registering, including how to download the pre-qualification documentation. Refer to Section VI.3 for details.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Please refer to the Pre-qualification documentation.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met: Please refer to the Pre-qualification documentation.
III.2.4)Information about reserved contracts
III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

Execution of the service is reserved to a particular profession: no

III.3.2)Staff responsible for the execution of the service

Legal persons should indicate the names and professional qualifications of the staff responsible for the execution of the service: no

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Some candidates have already been selected (if appropriate under certain types of negotiated procedures): no
IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications or in the invitation to tender or to negotiate

IV.2.2)Information about electronic auction

An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting entity:

IV.3.2)Previous publication(s) concerning the same contract

Periodic indicative notice

Notice number in the OJEU: 2014/S 162-291210 of 26.8.2014

IV.3.3)Conditions for obtaining specifications and additional documents

Payable documents: no

IV.3.4)Time limit for receipt of tenders or requests to participate

13.5.2015 – 12:00

IV.3.5)Language(s) in which tenders or requests to participate may be drawn up

IV.3.6)Minimum time frame during which the tenderer must maintain the tender
IV.3.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no

VI.3)Additional information:

Additional information:
Economic operators shall note the following:
1. This is a Part B Services Contract and is therefore voluntarily utilising an OJEU Notice. The process by which the procurement will operate will be set out as appropriate in the pre-qualification documentation and the Invitation to Tender and will be compatible with applicable EU law;
2. The description provided in II.1.5 and the scope described in section II.2.1 represents the current anticipated requirement. The contracting entity reserves the right to amend the description and/or the scope and/or adjust the duration of the contract as a result of emerging operational requirements;
3. References to the minimum requirements to be met by any variant submitted and any specific requirements for the presentation of an offer containing variants will be included in the Invitation to Tender;

4. Economic operators must express their interest in participating in the London Overground Concession procurement by sending an e-mail The e-mail shall be titled “(insert company name) — Request for London Overground Concession Procurement Registration” and the main message shall read “(insert company name) requests the procurement registration instructions for the London Overground Concession Agreement procurement”. The economic operator should include the name, email address and direct telephone number for a nominated point of contact. On receipt of such emails, RfL will respond by email with instructions for registering, including how to download the pre-qualification documentation;

5. Each economic operator’s nominated point of contact will be sent log-in details to their email address to enable access to RfL’s eSourcing System where the PQQ documents can be downloaded. When proposing their nominated point of contact, economic operators should consider that only one log-in will be provided for each economic operator to access RfL’s eSourcing System for the duration of the procurement process however economic operators will be able to use their assigned single log-in for multiple concurrent sessions;
4. Economic operators must note that any expression of interest submitted in response to the Periodic Indicative Notice for these services does not apply to this Contract Notice and the above procedure must be followed in order to receive the Pre-qualification documentation. Economic operators must then inform the contracting entity that they are interested in the contract by complying with the requirements of the pre-qualification questionnaire as described above;
5. A response to this notice does not guarantee that an economic operator will be invited to tender; the process for selection for tenderers to be invited to tender will be set out in the pre-qualification documents. The award process may be terminated or suspended at any time without cost or liability to the contracting entity or any other party;
6. RfL does not bind itself to enter into any contract arising out of the procedures envisaged by this notice. No contractual rights express or implied arise out of this notice or the procedures envisaged by it. Any contract let by RfL may contain provision that the contract may be extended at RfL’s discretion. RfL reserves the right to vary its requirements and the procedure relating to the conduct of the award process;
7. It is intended to invite a minimum of three and a maximum of five bidders subject to there being a suitable number who pass the pre-qualification process;
8. All discussions and meetings will be conducted in English;
9. Tenders and supporting documents must be priced in Sterling and all payments under the contract will be made in Sterling; and

10. RfL embraces diversity and welcomes applications from all suitably skilled suppliers of all sizes who can meet the requirements, regardless of gender, ethnicity, sexual orientation, faith, disability or age of supplier workforce and/or ownership. RfL will actively promote green procurement throughout its supply chain and welcome applications from suppliers committed to the principles of reducing, reusing and recycling resources and to the practices of buying recycled. RfL strongly supports and implements the Greater London Authority Group Responsible Procurement Policy, details of which may be found at: Further details as to the application of Responsible Procurement to this procurement may be set out in the pre- qualification and invitation to tender documents.

VI.4)Procedures for appeal
VI.4.1)Body responsible for appeal procedures
VI.4.2)Lodging of appeals
VI.4.3)Service from which information about the lodging of appeals may be obtained

VI.5)Date of dispatch of this notice:


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