Lease of Class 175 DMUs · UK public procurement notice

CPV: Rolling stock

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32014L0025 Utilities Contracts Regulations 2016 (Directive 2014/25/EU)

Procurement category

Goods

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

16 Apr 2024, 14:04 BST

Last source update

29 Aug 2024, 14:27 BST

FTS notice number

2024/S 000-027591

Classification (CPV)

Rolling stock

Delivery area

UKLondon (UKI)South West (UKK)Wales (UKL)

Official registry OCID

ocds-h6vhtk-0452a8 Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

Negotiated without a prior call for competition (in accordance with Regulation 50(1)(c) of the Utilities Contracts Regulations 2016 ("UCR"))

The works, supplies or services can be provided only by a particular economic operator for the following reason:

• absence of competition for technical reasons.

Explanation:

GWR considers that the award of this contract is permitted pursuant to Regulation 50(1)(c) of UCR. Regulation 50(1)(c) of the UCR permits the use of the negotiated procedure without prior publication of a notice where the works, supplies or services can be supplied only by a particular economic operator because competition is absent for technical reasons, but only where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement.

GWR's view is that the supplies under the contract can be supplied only by Angel Trains Limited because competition is absent for technical reasons and no reasonable alternative or substitute exists. Due to the operational requirements of the Devon and Cornwall routes that the rolling stock will operate on, namely 100mph capability and ability to operate over steep gradients, minimum fuel range of circa 1000 miles, and 2 - 5 car formations with selective door opening, only Class 175s can meet all the requirements and are available with sufficient lead time to be in operation for May 2025. No alternative provider can provide the Class 175s. This absence of competition is not the result of an artificial narrowing down of the parameters of the procurement.

The contract will have provisions to potentially run until 2032.

Publisher note: Subject to internal governance approvals and receiving no notice of any intention to legally challenge the award of this contract, First Greater Western Limited intends to award the Contract on a date following conclusion of the voluntary standstill period (i.e. no earlier than 10th September 2024).

Submission deadline

16 May 2024

Accepted languages

en

Participation fee

document

1 further award records carry no date or value.

No document links were published on the notice.