Merseytravel Rolling Stock Programme
Merseytravel wishes to procure a new fleet of electric multiple units for operation on the Merseyrail Electrics Network in Merseyside.
United Kingdom-Liverpool: Rolling stock
Contract notice – utilities
Section I: Contracting entity
I.1)Name, addresses and contact point(s)
No 1, Mann Island
For the attention of: Mr David Powell
L1 3BP Liverpool
Telephone: +44 1513301799
General address of the contracting entity: http://www.merseytravel.gov.uk
Electronic submission of tenders and requests to participate: http://www.the-chest.org.uk/
Further information can be obtained from: The above mentioned contact point(s)
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.3)Contract award on behalf of other contracting entities
Section II: Object of the contract
II.1.1)Title attributed to the contract by the contracting entity:
II.1.2)Type of contract and location of works, place of delivery or of performance
Main site or location of works, place of delivery or of performance: North West (England).
NUTS code UK
II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)
II.1.5)Short description of the contract or purchase(s):
The New Fleet, which will replace the existing Class 507 and 508 Electric Multiple Units (‘Existing Fleet’), is to be suitable for operation on the Merseyrail Electrics Network and in particular must comply with the specific physical, mechanical and environmental characteristics and restrictions of the Merseyrail Electrics Network as set out in the Specification. Further details of the performance characteristics and general specification for the New Fleet will be set out in the Specification which will be made available to pre-qualified Applicants at the Invitation to Negotiate (‘ITN’) stage. Details of the diagrams that support the proposed timetable will also be made available to pre-qualified Applicants with the ITN. Merseytravel expects that in the region of 50 initial Units of 60 metre nominal length will be necessary to meet these operational requirements. Applicants will however, be requested to consider and propose the configuration and exact number of Units to be supplied which will enable Merseyrail to operate all of the diagrams and the indicative timetable that will also be set out in the ITN in the most efficient and cost effective manner.
The successful Applicant will be responsible for the design, construction, homologation (including any type approval), testing, commissioning and delivery of the New Fleet pursuant to the terms of a Manufacture and Supply Agreement (‘MSA’), a draft of which will be made available to pre-qualified Applicants with the ITN. The successful Applicant will also be required to provide, as part of the design process, details relating to a number of aspects of Units, in the form of mock-ups of various sections of the new Units including the driver’s cab, a representative section of the saloon area, and the Unit exterior. The successful Applicant will also be required to provide design, build, test, commission and supply a cab simulator to assist with driver training.
The Existing Fleet is leased to Merseytravel’s wholly owned subsidiary, Merseyside Passenger Transport Services Limited, by Angel Trains Limited under a long term master operating lease agreement (‘MOLA’), and is sublet to Merseyrail. The successful Applicant will be expected to enter into a maintenance sub-contract (‘MSC’) with Merseyrail, under which the Applicant will carry out all maintenance and repair works and in depot cleaning and servicing requirements on the Existing Fleet until the date on which all of the units comprising the Existing Fleet have been redelivered to Angel Trains Limited. The successful Applicant will also be responsible for ensuring an efficient transition of maintenance services from the Existing Fleet to the New Fleet as the new Units are accepted under the MSA and introduced into passenger carrying service on the Merseyrail Electrics Network. The transfer of responsibility in respect of the maintenance and repair of the Existing Fleet from Merseyrail to the successful Applicant will trigger a transfer of relevant maintenance and depot-based train cleaning staff from Merseyrail to the successful Applicant under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’). Applicants will be expected to satisfy themselves of the existence and extent of any TUPE rights through their own due diligence. Relevant employee information will be made available to pre-qualified Applicants at the ITN stage.
Merseytravel currently envisages that the successful Applicant will be responsible for the maintenance and depot-based cleaning of the New Fleet under a long term Train Availability and Reliability Agreement (‘TARA’), and will require the successful Applicant to balance the number of Units to be supplied and the maintenance and availability of those Units to achieve the optimal operating efficiency and best value for money on a whole life basis. In this context, the successful Applicant is expected to be responsible for the long term running and heavy maintenance of the New Fleet, as well as daily servicing and cleaning, so that the successful Applicant will be responsible for providing Units that are ready and safe for entry into service available to the operator at the entry point of each diagram. The successful Applicant may also be required, under the TARA, to make certain future modifications to the Units, such as the retrospective conversion of the traction power supply from the third rail dc system to an a dual voltage system that utilises both third rail and overhead line electric traction power systems.
The successful Applicant will also be required to design, construct and deliver (or procure the design and construction and delivery of) new maintenance facilities under a Depot Construction Contract (‘DCC’) on railway land which currently comprises part of the Merseyrail Electrics Network. The new maintenance facilities are likely to include (but not be limited to) a maintenance shed covering 3 inspection roads with pits, cranes and/or jacks, test facilities; a train exterior wash plant and specialist cleaning area; a second train exterior wash plant on the opposite side of the Merseyrail Electrics Network to the new depot; secure storage for spares and equipment; an appropriate depot protection system; train cleaning facilities for daily and periodic heavy cleaning; and amendments to the yard layout to optimise yard movements. The successful Applicant will be required to manage the interface between the construction of the new maintenance facilities, the daily operations on the Merseyrail Electrics Network and the successful delivery and commissioning of the new maintenance depot. The successful Applicant will also be responsible for securing all necessary permissions and approvals for the construction of the new maintenance depot.
The successful Applicant will also be required to enter into a lease with Network Rail, on full repairing and insuring terms, pursuant to which it will occupy the new depot facility to be constructed pursuant to the DCC from which the maintenance services in respect of the New Fleet will be performed under the TARA. In this respect the successful Applicant will be the Depot Facility Owner in relation to the new depot. The successful Applicant will also be responsible for the operation of the existing maintenance facilities at the Kirkdale depot and the Birkenhead North depot, and will be required to enter into leases with Network Rail, on full repairing and insuring terms, pursuant to which it will occupy those depots, again as Depot Facility Owner.
The successful Applicant will also be required to enter into a contingent Technical Services, Support and Spares Agreement (‘TSSSA’) which will come into effect in conjunction with the award of the MSA but which will only become relevant if Merseytravel elects for any reason not to award the TARA or if the TARA is terminated for any reason. The TSSSA will provide industry standard warranties relating to the design and construction of the New Fleet and the provision of technical services, support and spares on an on-going basis for the design life of the new Units, if the successful Applicant is not or no longer responsible for the maintenance of the new Fleet under the TARA. A draft of the TSSSA will be made available to pre-qualified Applicants at the ITN stage. Under the TSSSA, the successful Applicant will be obliged to continue to supply certain specified spares for the New Fleet throughout the economic life of the new Units, to provide certain warranties in relation to the new Units which will not otherwise be included in the MSA (due to the assumption that the successful Applicant will be responsible for the provision of running and heavy maintenance in relation to the New Fleet on an availability and reliability basis under the TARA), and to provide technical support and services to Merseytravel or the incumbent maintenance provider for the time being at Merseytravel’s request in respect of the New Fleet on a call-off basis.
The successful Applicant will also be required to enter into a Project Collaboration Agreement (‘PCA’) pursuant to which it will be required to submit detailed plans supporting, amongst other things, the detailed design, construction, testing, delivery and commissioning phases of the MSA relating to the supply of the New Fleet, the design, construction and delivery phases of the DCC, the transfer of responsibility for the maintenance of the Existing Fleet to the successful Applicant and the delivery of maintenance services under the MSC (in respect of the Existing Fleet) and under the TARA (in respect of the New Fleet), as well as providing for a collaborative approach to the delivery and governance of the Merseytravel Rolling Stock Programme and for the management of interfaces between the MSA, TARA, MSC, DCC and TSSSA.
In the event that the successful Applicant for the supply of the New Fleet is unable to propose an acceptable and affordable maintenance solution, Merseytravel reserves the right, in its discretion, to award the MSA and to enter into the TSSSA, and to proceed with the purchase of the New Fleet from the successful Applicant, but not to award the TARA, the MSC (in relation to the maintenance of the Existing Fleet) or the DCC (relating to the design, construction and delivery of the new depot facility at which the New Fleet will be maintained). In that circumstance, Merseytravel retains the right to conduct separate procurements to select a maintainer for the New Fleet, who will be required to enter into the TARA, the DCC and the MSC. In such circumstances, if the successful Applicant is not awarded the TARA, the DCC or the MSC, it will also not be required to enter into the leases in respect of the new depot facility or the existing depots at Birkenhead North and Kirkdale, with Network Rail.
Merseytravel intends to hold an industry day for potential Applicants to provide information in relation to the Merseytravel Rolling Stock Programme. This will be held 12.1.2015 at a time that will be notified to potential Applicants who express an interest in this procurement, and will be held at a location in Liverpool. Following the industry day, the Pre-Qualification Questionnaire and related documentation (‘PQQ’) will be issued electronically to potential Applicants. It is currently envisaged that the ITN will be issued to shortlisted Applicants in January 2016 with contract award expected in November 2016. Further details relating to the procurement process will be provided in the PQQ and subsequently, in the ITN. Applicants are invited to register their interest in the Merseytravel Rolling Stock Programme via the Chest procurement portal at https://www.the-chest.org.uk/
II.1.6)Common procurement vocabulary (CPV)
34620000, 50222000, 34630000, 34600000, 34631000, 45234112, 34150000, 34151000, 34152000, 45111000, 45234116, 90917000, 42995000,45213320, 50700000, 34621200, 50220000
II.1.7)Information about Government Procurement Agreement (GPA)
II.1.8)Information about lots
II.1.9)Information about variants
II.2.1)Total quantity or scope:
1) a Manufacture and Supply Agreement (MSA) for the design, manufacture, testing, commissioning and supply of the New Fleet, the Mock-up, the Simulator, the Merseytravel Owned Spares and the Special Tools;
2) a Train Availability and Reliability Agreement (TARA) for the provision of running and heavy maintenance and servicing and cleaning services in relation to the New Fleet to enable the operator of passenger railway services on the Merseyrail Electrics Network to operate all of the diagrams comprising the Merseyrail Electrics timetable safely and reliably at all times;
3) a Maintenance Sub-contract (MSC) for the provision of all maintenance and repair works and in-depot servicing and cleaning on the Existing Fleet necessary to meet Merseyrail’s existing maintenance, repair and customer facing quality obligations pending the redelivery of the Existing Fleet to Angel Trains Limited in conjunction with phased introduction of the New Fleet in accordance with the contract programme under the MSA; and
4) a Depot Construction Contract (DCC) for the design, construction, fit-out, commissioning and completion of depot facilities from which the maintenance obligations in relation to the New Fleet under the TARA will be performed.
The MSA and the DCC will be entered into by the successful Applicant with Merseytravel. The TARA and the MSC will be entered into by the successful Applicant and Merseyrail, and will be capable of novation to a successor operator of passenger rail services on the Merseyrail Electrics Network in the event of a future change of operator.
Merseytravel also intends to enter into the Programme Collaboration Agreement (PCA) and the Technical Services, Support and Spares Agreement (TSSSA), both as referred to in section II.1.5) above.
Estimated value excluding VAT
Range: between 200 000 000 and 700 000 000 GBP
II.2.2)Information about options
Description of these options: Merseytravel shall have the option to order up to 60 additional Units in addition to the number of Units comprising the initial New Fleet to be supplied under the MSA and/or additional vehicles to enable the originally supplied units to be lengthened. This option shall be exercisable at any time up to 31.12.2030 in 1 or more instalments on written notice by Merseytravel to the successful Applicant. Further details will be provided in the ITN and in the draft MSA that will be issued to successful Applicants with the ITN.
II.2.3)Information about renewals
Section III: Legal, economic, financial and technical information
III.1.1)Deposits and guarantees required:
III.1.2)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
III.1.4)Other particular conditions:
III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers
III.2.2)Economic and financial ability
Section IV: Procedure
IV.1.1)Type of procedure
IV.2.2)Information about electronic auction
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: 2011/S 55-090131 of 19.3.2011
IV.3.4)Time limit for receipt of tenders or requests to participate
IV.3.5)Language(s) in which tenders or requests to participate may be drawn up
Section VI: Complementary information
VI.1)Information about recurrence
VI.2)Information about European Union funds
Reference to project(s) and/or programme(s): Merseytravel reserves the right to consider potential EU funding such as from the European Investment Bank.
This procurement shall be processed via The Chest. The Chest may be accessed via the following internet address: https://www.the-chest.org.uk/Note that the PQQ will be made available only after the Industry Day, to be held on Monday 12.10.2015. The Industry Day will comprise a presentation outlining the Merseytravel Rolling Stock Programme and related procurement process to potential Applicants.
VI.4.1)Body responsible for appeal procedures
Royal Courts of Justice
WC2A 2LL London
Telephone: +44 2079476000
VI.4.2)Lodging of appeals
If an appeal regarding the award of the contract has not been successfully resolved by Merseytravel, the Utilities Contracts Regulations 2006 (SI 2006 No. 6) provide for aggrieved parties who have been harmed or are at risk of harm by breach of the rules to take action in the High Court (England, Wales, and Northern Ireland). Any such action must be brought promptly (generally within three months). If a declaration of ineffectiveness is sought, any such action must be brought within 30 days where Merseytravel has communicated the award of the contract and a summary of reasons to Applicants, or otherwise within 6 months of the contracts being entered into. Where a contract has not been entered into, the Court may order the setting aside of the award decision or order Merseytravel to amend any document and may award damages. If the contract has been entered into the Court may, depending on the circumstances, award damages, make a declaration of ineffectiveness, order Merseytravel to pay a fine, and/or order that the duration of the contract be shortened. The purpose of the standstill period referred to above is to allow the parties to apply to the Courts to set aside the award decision before the contract is entered into.
VI.5)Date of dispatch of this notice: