Financing of Rolling Stock

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-h6vhtk-02af4f-2023-12-06T13:50:36Z",
    "date": "2023-12-06T13:50:36Z",
    "ocid": "ocds-h6vhtk-02af4f",
    "description": "Further to section II.1.5 and II.2.6, the estimated maximum value of the OLA is between PS200,000,000 and PS500,000,000 based on LNER's assessment at the time of this contract notice and on the basis of the option to extend is exercised for the maximum 8 year period (see further detail in section II.2.7).",
    "initiationType": "tender",
    "tender": {
        "id": "DN1567",
        "legalBasis": {
            "id": "32014L0025",
            "scheme": "CELEX"
        },
        "title": "Financing of Rolling Stock",
        "status": "complete",
        "classification": {
            "scheme": "CPV",
            "id": "66114000",
            "description": "Financial leasing services"
        },
        "mainProcurementCategory": "services",
        "description": "LNER commenced a procurement process with potential manufacturers for the design, manufacture, testing and supply (and associated maintenance activities) of a fleet of ten (10) InterCity trains (the \"Base Order Units\"), owner owned spares, special tools, simulator hardware and technical information, mock-ups (together the \"Leased Equipment\") and depot works for the use on the East Coast franchise. There was also an option to procure up to an additional five (5) trains (the \"Option Units\"). The trains will provide LNER with additional capacity to accommodate future growth and have performance characteristics that enable the fleet to be timetabled effectively amongst modern InterCity trains. The trains shall be fully rated for operation on 25kV overhead line equipment and have self-power capability for operation on non-electrified sections of the network and over non-electrified diversionary routes, increasing the flexibility of LNER's fleet and the ability to provide uninterrupted services during engineering works.",
        "value": {
            "amount": 500000000,
            "currency": "GBP"
        },
        "lots": [
            {
                "id": "1",
                "description": "The subject of the procurement was financing for the Base Order Units, Leased Equipment, depot works and LNER's project costs by way of an Operating Lease Agreement (OLA) through a qualified provider of rolling stock operating leasing solutions. Further detail is set out in Section II.1.4. LNER chose to run the procurement under the negotiated procedure with a prior call for competition under regulation 47 of the Utilities Contracts Regulations 2016. The successful financier was chosen on the basis of the most economically advantageous bid based on the award criteria set out in the procurement documents.",
                "value": {
                    "amount": 500000000,
                    "currency": "GBP"
                },
                "contractPeriod": {
                    "durationInDays": 2880
                },
                "hasRenewal": true,
                "renewal": {
                    "description": "The OLA will have an initial term of 8 years and may be extended by LNER on multiple occasions provided that the aggregate duration of all of the extensions shall not exceed 8 years. Additional information regarding the initial term and any extension is provided in the procurement documents."
                },
                "submissionTerms": {
                    "variantPolicy": "notAllowed"
                },
                "hasOptions": true,
                "status": "cancelled",
                "options": {
                    "description": "The OLA will have an initial term of 8 years and may be extended by LNER on multiple occasions provided that the aggregate duration of all of the extensions shall not exceed 8 years. Additional information regarding the initial term and any extension was provided in the procurement documents."
                }
            }
        ],
        "items": [
            {
                "id": "1",
                "deliveryAddresses": [
                    {
                        "region": "UK"
                    },
                    {
                        "region": "UK"
                    }
                ],
                "relatedLot": "1"
            }
        ],
        "submissionMethod": [
            "electronicSubmission"
        ],
        "submissionMethodDetails": "https://supplierlive.proactisp2p.com/account/login",
        "selectionCriteria": {
            "criteria": [
                {
                    "type": "economic",
                    "description": "Selection criteria as stated in the pre-qualification questionnaire. Interested parties should note that suppliers are required to provide a response against the following selection question as part of the pre-qualification questionnaire: The supplier must demonstrate that it either: (a) Has the capacity (supported by a letter signed by a senior officer) to finance the total value of the Base Order Units, Option Units, Leased Equipment, depot works and LNER's project costs on a fully underwritten basis (for purposes of this selection question this is estimated at PS400,000,000); or (b) Represents a group of equity (or other forms of funds) financiers, who between them as a consortium are able to finance the total value of the Base Order, Option Units, Leased Equipment, depot works and LNER's project costs (for the purposes of this selection question this is estimated at PS400,000,000). Together such financiers must have the ability to provide an equity (or equivalent) investment in an amount of not less than PS40,000,000, confirmed by a letter signed by a senior officer. Letters of support from other financiers who, at the time of response to the pre-qualification questionnaire may make up the consortium, must also be provided. Please note that the above selection questions are set out in this contract notice for information only. Interested suppliers must ensure all questions in the pre-qualification questionnaire are completed in full, and in the format requested by the 07/06/2021 at 16.00.",
                    "appliesTo": [
                        "supplier"
                    ]
                },
                {
                    "type": "technical",
                    "description": "Selection criteria as stated in the pre-qualification questionnaire. Interested parties should note that suppliers are required to provide a response against the following selection question as part of the pre-qualification questionnaire: The supplier must demonstrate that it or one of the parties it represents has a record of participating as an equity financier in any one of the following: (a) The operating lease financing of UK passenger rolling stock; or (b) The operating lease financing of other UK rolling stock; or (c) The operating lease financing of European passenger rolling stock; and where the value of the individual transaction (measured as the purchase price of the financed rolling stock under (a) - (b) has exceeded PS150,000,000 or under (c) EUR150,000,000. Such record must consist of a current participation in such a transaction or having participated in such a transaction since 1 January 2016. For each example you wish to put forward, please include details of the relevant project, fleet size, cost of transaction and contract period. Please note that the above selection question is set out in this contract notice for information only. Interested suppliers must ensure all questions in the pre-qualification questionnaire are completed in full, and in the format requested by the 07/06/2021 at 16.00.",
                    "appliesTo": [
                        "supplier"
                    ]
                }
            ]
        },
        "procurementMethod": "selective",
        "procurementMethodDetails": "Negotiated procedure with prior call for competition",
        "coveredBy": [
            "GPA"
        ],
        "tenderPeriod": {
            "endDate": "2021-06-07T16:00:00+01:00"
        },
        "submissionTerms": {
            "languages": [
                "en"
            ]
        },
        "hasRecurrence": false,
        "contractTerms": {
            "hasElectronicOrdering": true,
            "electronicInvoicingPolicy": "allowed",
            "hasElectronicPayment": true
        },
        "reviewDetails": "The UCR 2016 provide aggrieved parties who have been harmed or are at risk of harm a breach of the Regulations to take action in the High Court (England, Wales and Northern Ireland). The UCR 2016 set out the requirements on information to be provided prior to award of the contract and the procedures to be followed for bringing proceedings for breaches or alleged breaches of the UCR 2016."
    },
    "parties": [
        {
            "id": "GB-FTS-15829",
            "name": "London North Eastern Railway Ltd",
            "identifier": {
                "legalName": "London North Eastern Railway Ltd",
                "id": "04659712"
            },
            "address": {
                "streetAddress": "East Coast House, 25 Skeldergate",
                "locality": "York",
                "region": "UK",
                "postalCode": "YO1 6DH",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "name": "Katherine Blake Hemingway",
                "email": "RSProcurement@lner.co.uk",
                "url": "https://supplierlive.proactisp2p.com/account/login"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "http://www.lner.co.uk",
                "buyerProfile": "https://supplierlive.proactisp2p.com/account/login",
                "classifications": [
                    {
                        "scheme": "TED_CE_ACTIVITY",
                        "id": "RAILWAY_SERVICES",
                        "description": "Railway services"
                    }
                ]
            }
        },
        {
            "id": "GB-FTS-15830",
            "name": "High Court of England and Wales",
            "identifier": {
                "legalName": "High Court of England and Wales"
            },
            "address": {
                "streetAddress": "Strand",
                "locality": "London",
                "postalCode": "WC2A 2LL",
                "countryName": "United Kingdom"
            },
            "roles": [
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        },
        {
            "id": "GB-COH-045659712",
            "name": "London North Eastern Railway Limited",
            "identifier": {
                "legalName": "London North Eastern Railway Limited",
                "id": "045659712",
                "scheme": "GB-COH"
            },
            "address": {
                "streetAddress": "West Offices, Station Road",
                "locality": "York",
                "region": "UK",
                "postalCode": "YO1 6GA",
                "countryName": "United Kingdom"
            },
            "contactPoint": {
                "name": "Katherine Blake Hemingway",
                "email": "RSProcurement@lner.co.uk"
            },
            "roles": [
                "buyer"
            ],
            "details": {
                "url": "http://www.lner.co.uk",
                "classifications": [
                    {
                        "scheme": "TED_CE_ACTIVITY",
                        "id": "RAILWAY_SERVICES",
                        "description": "Railway services"
                    }
                ]
            }
        }
    ],
    "buyer": {
        "id": "GB-COH-045659712",
        "name": "London North Eastern Railway Limited"
    },
    "language": "en",
    "awards": [
        {
            "id": "035939-2023-1",
            "relatedLots": [
                "1"
            ],
            "title": "Financing of Rolling Stock",
            "status": "active"
        }
    ],
    "contracts": [
        {
            "id": "035939-2023-1",
            "awardID": "035939-2023-1",
            "title": "Financing of Rolling Stock",
            "status": "active",
            "dateSigned": "2023-11-08T00:00:00Z"
        }
    ]
}