United Kingdom-Newcastle upon Tyne: NEX17/14 MetroFutures Fleet Replacement Programme

Type of document: Invitation to tender
Country: United Kingdom
OJEU Ref: (2018/S 108-246865/EN)
Nature of contract: Supply contract
Procedure: Negotiated procedure
Regulation of procurement: EU – with participation by GPA countries
Type of bid required: Global bid

Contract notice
Supplies
Directive 2014/25/EU

Section I: Contracting entity
I.1) Name and addresses
Official name: Nexus
Postal address: Nexus House, St James Boulevard
Town: Newcastle upon Tyne
Postal code: NE1 4AX
Country: United Kingdom
Contact Person: Julie Warnett
Telephone: +44 1912033446
Email: metrofutures@nexus.org.uk
Internet address(es):
Main address:
Address of the buyer profile:

I.3)Communication
The procurement documents are available for unrestricted and full direct access, free of charge,at:
Additional information can be obtained from:
the above mentioned address
Tenders or requests to participate must be submitted
electronically via:
I.6) Main activity:
Urban railway, tramway, trolleybus and bus services

Section II: Object
II.1) Scope of the procurement:
II.1.1) Title: NEX17/14 MetroFutures Fleet Replacement Programme
Reference number: DN245952
II.1.2) Main CPV code: 60210000
II.1.3) Type of contract: Supplies
II.1.4) Short Description:
As part of its Fleet Replacement Programme, Nexus wishes to procure a new fleet of light rail electric multiple units (New Fleet) to replace its existing Metrocar fleet (Existing Fleet), a maintainer for the New and Existing Fleets and new depot facilities. The successful Bidder will be responsible for the design, construction, testing, and delivery of the New Fleet pursuant to a Manufacturing and Supply Agreement (MSA). It will enter into a Metrocar Maintenance Agreement (MMA) for maintenance of the Existing Fleet until removed from service and a Train Services Agreement (TSA) for long-term maintenance of the New Fleet including heavy/light maintenance and daily servicing for the design life of the New Fleet. It will provide trains to Nexus (as the Metro operator) that are ready and safe for entry into service each day. The successful Tenderer will also be required to design, construct and deliver new maintenance facilities under a Depot Construction Contract (DCC).

II.1.5) Estimated total value
Value excluding VAT: 500000000 Currency: GBP
II.1.6) Information about lots
The contract is divided into lots:no
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 34150000
Main CPV code: 34151000
Main CPV code: 34621200
Main CPV code: 34622400
Main CPV code: 34631000
Main CPV code: 42995000
Main CPV code: 45111000
Main CPV code: 45213320
Main CPV code: 45234112
Main CPV code: 45234116
Main CPV code: 50220000
Main CPV code: 50700000
Main CPV code: 90917000

II.2.3) Place of performance
Nuts code: UKC2
II.2.4) Description of the procurement:
As part of its Fleet Replacement Programme, the Tyne and Wear Transport Executive trading as Nexus wishes to procure a new fleet of Light Rail EMU’s to replace its existing life-expired Metrocar fleet, contracts for the maintenance of the New and Existing Fleets and new depot facilities.
Nexus owns and manages the Tyne and Wear Metro on behalf of the five local authorities in the Tyne and Wear area. The procurement of the New Fleet is a key objective of the Metro and Local Rail Strategy that has been developed to cover the North East Combined Authority (NECA) area.
The Metro is one of the UK’s busiest light rail systems outside London. The moving annual average shows a ridership of around 37 000 000 (as at December 2017), making Metro a significant part of the area’s public transport network. The Existing Fleet is comprised of ninety class-599 Metrocars designed and built by Metro-Cammell in the late 1970s and introduced into passenger service between 1980 and 1982.
The Metro system has 60 stations which Nexus owns or occupies and approximately 78 km of track on which 450 services operate each weekday. During peak periods Metrocars run up to every three minutes in the central Newcastle to Gateshead corridor.
Metro operations returned in house to Nexus following the expiry of a 7 year concession to DB Regio Tyne and Wear Limited (DBTW) on 31.3.2017. It is anticipated that Nexus will continue operation of Metro in house until a new fleet is introduced and steady-state operations are achieved in around 2024 or 2025.
The New Fleet, which will replace the Existing Fleet, is to be suitable for operation on the Metro Network (including the Network Rail owned and maintained infrastructure) and in particular must comply with the specific physical, mechanical, and environmental characteristics and restrictions of the Network.
Drafts of all proposed contract documents will be made available to pre-qualified Applicants with the ITN. Under the MSA, the successful tenderer will be responsible for:
— the design, construction, homologation (including any type of approval), testing, commissioning and delivery of the New Fleet,
— provision, as part of the design process, of a mock-up of a section of the new train including the driver’s cab, a representative section of the saloon area (including sections providing for wheelchair access) and the train exterior,
— the design, construction, testing, commissioning and delivery of a simulator to assist with driver training.
Under the MMA and TSA, the successful tenderer will be responsible for:
— carrying out all maintenance and repair works and servicing requirements on the Existing Fleet up to the removal of the Existing Fleet from passenger service,
— disposal of the Existing Fleet,
— ensuring an efficient transition of maintenance services from the Existing Fleet to the New Fleet as the new trains are accepted and introduced into passenger carrying service,
— long term maintenance of the New Fleet throughout the intended design-life of those vehicles, including responsibility for heavy maintenance and any modifications required,
— making trains available that operate efficiently and robustly on the Metro Network, supplying a step change in Metro availability and performance.
The transfer of responsibility for the maintenance and repair of the Existing Fleet from Nexus to the successful tenderer will trigger a transfer of maintenance staff from NEMOL to the successful tenderer under TUPE. Tenderers will be expected to satisfy themselves of the existence and extent of any TUPE rights through their own due diligence. Relevant employee information (including pension details) will be made available to pre-qualified tenderers at the ITN stage.
Under the DCC, the successful tenderer will be responsible for the design, construction and delivery of the new maintenance facilities on the existing Depot site.
II.2.5)Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
II.2.7) Duration of the contract,framework agreement or dynamic purchasing system
Duration in months:450
This contract is subject to renewal: no
II.2.9) Information about the limits on the number of candidates to be invited
/ Maximum number:5
II.2.10) Information about variants
Variants will be accepted:yes
II.2.11) Information about options
Options: yes
Description of options:
Nexus shall have the option to order up to ten additional units in addition to the number of units comprising the New Fleet to be supplied under the MSA.

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: This procurement is subject to approval / funding. Nexus reserves the right, at its discretion, to award the MSA and an associated technical support and spares supply agreement and to proceed with the purchase of the New Fleet from the successful Bidder, but not to award the MMA, TSA or the DCC. It also reserves the right to conduct separate procurements in relation to the MMA, TSA and the DCC.

Section III: Legal, economic, financial and technical information
III.1) Conditions for participation
III.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
III.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
III.1.4) Objective rules and criteria for participation
List and brief description of rules and criteria:Selection criteria as stated in the procurement documents.

III.1.6) Deposits and guarantees required:
Nexus may require the successful tenderer to provide a parent company guarantee or guarantees(s) in support of its obligations under the MSA, DCC, MMA, and TSA and/or performance bonds in respect of certain obligations under those contracts. The requirement for, and level of the parent company guarantee(s) and/or performance bond(s), will be ascertained by Nexus as part of the process of evaluating the successful tenderer’s tender response. Further details will be set out in the ITN.

III.1.7) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
See procurement documentation.

III.1.8) Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Nexus may require tenderers to contract as a single legal entity and any consortium may be required to set up such an entity, for example a special purpose vehicle, as a condition of and prior to contract award. Alternatively, Nexus may require appropriate assurance that any unincorporated consortium or any subcontract structure that does not constitute a formal consortium will be capable of delivering the Nexus Fleet Replacement Programme through their proposed contracting structure on an integrated basis.

III.2.2) Contract performance conditions:
Draft contract documentation will be made available with the ITN.

Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure:
Negotiated procedure with prior call for competition
IV.1.4) Information about the reduction of the number of solutions or tenders during negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedureNotice number in the OJ S:2018/S 017-035687
IV.2.2) Time limit for receipt of tenders or requests to participate
Date:2018-07-09 Local time:12:00
IV.2.3) Estimated date of dispatch of invitations to tender or to participate to selected candidates
Date:2018-09-12
IV.2.4) Languages in which tenders or requests to participate may be submitted: EN

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:This procurement shall be processed via the North East Procurement Organisation (NEPO) portal. The NEPO portal may be accessed via the following internet address:
A Market Industry Day will be held on 18.6.2018 at 13:00. The Market Industry Day will comprise a presentation outlining the Nexus Fleet Replacement Programme and related procurement process to potential Applicants.
In the event that tenderers are unable to propose acceptable and affordable maintenance solutions, Nexus reserves the right, in its absolute discretion, to award the MSA and an associated technical support and spares supply agreement and to proceed with the purchase of the New Fleet from the successful tenderer, but not to award the TSA(s) (in relation to the maintenance of the Existing Fleet and New Fleet) or the DCC (relating to the design, construction and delivery of the new depot facility at which the New and Existing Fleets will be maintained). In that circumstance, Nexus retains the right to conduct separate procurements in relation to the TSAs and the DCC. In such circumstances, if the successful tenderer is not awarded the TSAs or DCC it will also not be required to enter into any lease in respect of the new depot facility.
Much of the Metro network was converted from the local British Rail network during the 1970s with some new sections of underground track and stations added in central Newcastle and Gateshead. The Sunderland Extension was added in 2002 following a joint construction project between Nexus and Railtrack (now Network Rail) with the line owned and managed south of Pelaw Junction by Network Rail as infrastructure owner.

VI.4) Procedures for review
VI.4.1) Review body
Official name: Nexus
Postal address: Nexus House, St James Boulevard
Town: Newcastle upon Tyne
Postal code: NE1 4AX
Country: United Kingdom
Telephone: +44 1912033446
E-mail: metrofutures@nexus.org.uk
Internet address:

VI.4.2) Body responsible for mediation procedures
Official name: Royal Courts of Justice
Postal address: The Strand
Town: London
Postal code: WC2A 2LL
Country: United Kingdom
Telephone: +44 2079476000

VI.4.3) Review procedure
Precise information on deadline(s) for review procedures:Nexus will incorporate a minimum 10 calendar days standstill period at the point information on the award of the contracts is communicated to tenderers. Tenderers who are unsuccessful will be informed by Nexus as soon as possible after the decision has been made as to the reasons why they were unsuccessful. If an appeal regarding the award of the contract has not been successfully resolved by Nexus, the Utilities Contracts Regulations 2016 (SI 2016 Nº 274) 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 3 months). If a declaration of ineffectiveness is sought, any such action must be brought within 30 days where Nexus has communicated the award of the contract and a summary of reasons to tenderers, 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 Nexus 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 Nexus 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:
2018-06-06