Operate Alternative Dispute Resolution for the Rail Industry

Operate Alternative Dispute Resolution for the Rail Industry

The Scheme will provide independent representation in Great Britain for both rail customers and for the companies who are the subject of the complaint. 

United Kingdom-London: Customer services

2017/S 149-309192

Contract notice – utilities


Directive 2014/25/EU

Section I: Contracting entity

I.1)Name and addresses

ATOC Limited
200 Aldersgate Street
United Kingdom
Contact person: Olenka Pierozynska
Telephone: +44 2078418226
E-mail: Procurement@raildeliverygroup.com
NUTS code: UKIInternet address(es):Main address: http://www.raildeliverygroup.com/

Address of the buyer profile: https://www.mytenders.co.uk/search/Search_AuthProfile.aspx?ID=AA0796

I.2)Joint procurement


The procurement documents are available for unrestricted and full direct access, free of charge, at: www.mytenders.co.uk
Additional information can be obtained from the abovementioned address
Tenders or requests to participate must be submitted electronically via: www.mytenders.co.uk

I.6)Main activity

Railway services

Section II: Object

II.1)Scope of the procurement


Alternative Dispute Resolution for the Rail Industry.

II.1.2)Main CPV code


II.1.3)Type of contract


II.1.4)Short description:

ATOC Limited (‘ATOC’) is seeking a provider to establish, operate and promote an Alternative Dispute Resolution (‘ADR’) scheme for the rail industry, which will provide consumers with free ADR empowered to enforce binding redress on participating rail companies who have been unable to resolve eligible complaints about their contracted service. Last year, the industry’s existing appeals bodies received around 6 000 disputes of this nature and it is likely that this number will increase in light of the publicity surrounding the launch of an ADR scheme (the ‘Scheme’) in the sector.

The Scheme will provide independent representation in Great Britain for both rail customers and for the companies who are the subject of the complaint. It is essential that the Scheme provides excellent customer service to rail customers, in line with service levels designed to deliver rapid and fair resolution of their disputes.

II.1.5)Estimated total value

Value excluding VAT: 5 000 000.00 GBP

II.1.6)Information about lots

This contract is divided into lots: no

II.2.2)Additional CPV code(s)


II.2.3)Place of performance

NUTS code: UK
Main site or place of performance:

The service is to be provided to all rail users throughout Great Britain.

II.2.4)Description of the procurement:

The provider will deliver a complete end-to-end service that includes:

A public enquiries service (contactable by email, letters, webform, telephone and social media) that will advise consumers on all aspects of the Scheme, and whether their complaint is likely to be eligible for the Scheme, and to indicate other channels where appropriate.

A dedicated Scheme website which will provide information about the service, through which customers may initiate and track a dispute through to resolution.

A Scheme guide for consumers in hard copy and electronic format which will outline details of the service and the dispute resolution process. The provider will be responsible for creating, printing and delivering the guide as required.

A social media presence through which consumers can receive information and contact the Scheme.

A triage service which will receive all disputes from customers who have been sent to the provider by rail companies. This service will identify disputes that are outside the scope of the Scheme and transfer them to an alternative body where possible (i.e. Transport Focus, London TravelWatch, POPLA, the Independent Penalty Fares Appeal service, or any other appropriate party) or else advise the customer appropriately.

A case management system that enables rail companies to securely share case appeals, track progress on complaints, and communicate with the Scheme as necessary.

A team of skilled experts able to provide case management, mediation and adjudication, for all cases received from customers via the permitted channels.

A friendly customer interfacing service that will liaise with all parties to a dispute from case initiation, through dispute resolution, decision-making, to case closure and implementation of redress

A Chief Adjudicator/Ombudsman to provide oversight on all aspects of the service.

A Scheme governance structure that is demonstrably independent from the rail industry and British Government.

Comprehensive management information and annual reports.

Ad hoc expert advice to ATOC to support the development of industry policies relating to consumer law.

Day-to-day relationship management for the rail companies that are Scheme members, and for Transport Focus and London TravelWatch who will be involved in some casework.

The Scheme will exist alongside, and interface with, the existing statutory appeals bodies (Transport Focus and London TravelWatch) who will continue to advocate for strategic industry improvements. The scheme provider will highlight customer concerns and communicate the effectiveness of the Scheme through formal reporting arrangements (a ‘feedback loop’) with these bodies, the rail industry, ATOC, and the Office of Rail and Road (‘ORR’).

Senior relationship management for ATOC who will oversee the contractual relationship on behalf of rail industry Scheme members.

A contractual commitment to attain the highest level of membership from the Ombudsman Association, and accreditation from the Chartered Trading Standards Institute who will serve as the competent body for this Scheme.

The provider will have a track record for providing ADR services, in rail or other sectors, with appropriate accreditation from a competent authority.

The provider is required to maintain fully serviced office premises in the UK or Ireland for the purpose of carrying out the service.

All systems and data must be hosted countries that are subject to EU data protection laws.

Details of the full requirements and a draft contract will be made available in the invitation to tender provided to shortlisted respondents.

II.2.5)Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.6)Estimated value

II.2.7)Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 60
This contract is subject to renewal: yes
Description of renewals:

Option for ATOC to:

Terminate the contract after 36 months with not less than 6 months’ notice; and

Extend for up to 2 additional 24 month terms.

II.2.9)Information about the limits on the number of candidates to be invited

Envisaged minimum number: 2

II.2.10)Information about variants

Variants will be accepted: no

II.2.11)Information about options

Options: no
II.2.12)Information about electronic catalogues

II.2.13)Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section III: Legal, economic, financial and technical information

III.1)Conditions for participation

III.1.1)Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers

List and brief description of conditions:

See Pre-Qualification Questionnaire.

III.1.2)Economic and financial standing

List and brief description of selection criteria:

See Pre-Qualification Questionnaire.

III.1.3)Technical and professional ability

List and brief description of selection criteria:

You must already be a member of, or be operating a scheme that is a member of, the British and Irish Ombudsman Association (‘Ombudsman Association’) to ‘Complaint Handler Member’ level as a minimum.

You must be operating or have operated an ADR scheme that has attained accreditation from a competent authority.

Minimum level(s) of standards possibly required:

See Pre-Qualification Questionnaire.

III.1.4)Objective rules and criteria for participation

List and brief description of rules and criteria:

See Pre-Qualification Questionnaire.

III.1.5)Information about reserved contracts
III.1.6)Deposits and guarantees required:
III.1.7)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:

III.1.8)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

ATOC intends that any contract awarded will be done so with one supplier.

III.2)Conditions related to the contract
III.2.1)Information about a particular profession
III.2.2)Contract performance conditions:

III.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 IV: Procedure


IV.1.1)Type of procedure

Negotiated procedure with prior call for competition
IV.1.3)Information about a framework agreement or a dynamic purchasing system
IV.1.4)Information about reduction of the number of solutions or tenders during negotiation or dialogue
IV.1.6)Information about electronic auction

IV.1.8)Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

IV.2.2)Time limit for receipt of tenders or requests to participate

Date: 01/09/2017
Local time: 12:00

IV.2.3)Estimated date of dispatch of invitations to tender or to participate to selected candidates

Date: 15/09/2017

IV.2.4)Languages in which tenders or requests to participate may be submitted:


IV.2.6)Minimum time frame during which the tenderer must maintain the tender

Duration in months: 12 (from the date stated for receipt of tender)
IV.2.7)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

This is a recurrent procurement: no
VI.2)Information about electronic workflows

VI.3)Additional information:

The Pre-Qualification Questionnaire must be completed and submitted electronically in pdf format via the ATOC MyTenders portal.

Note: To register your interest in this notice and obtain any additional information please visit the myTenders Web Site at: http://www.myTenders.org/Search/Search_Switch.aspx?ID=200222

The buyer has indicated that it will accept electronic responses to this notice via the Postbox facility. A user guide is available at: http://www.myTenders.org/sitehelp/help_guides.aspx

Suppliers are advised to allow adequate time for uploading documents and to dispatch the electronic response well in advance of the closing time to avoid any last minute problems.

(MT Ref:200222).

VI.4)Procedures for review

VI.4.1)Review body

ATOC Limited
200 Aldersgate Street
United KingdomInternet address:http://www.raildeliverygroup.com/
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained

VI.5)Date of dispatch of this notice:



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