Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-06-25
Buyer: Network Rail Infrastructure Ltd
Country: UK
Contract type: Works
Procedure: Contract award without prior publication
CPV classification: 32570000 | 34632200 | 44000000 | 45000000: Construction work | 45100000: Site preparation work
EU fund: EU Fund

Technical requirements: Network Rail Infrastructure Ltd (Network Rail) procured a multi-disciplinary programme of works and ancillary services and supplies relating to the West of Leeds element of the Transpennine Route Upgrade (TRU).
The West of Leeds element relates to the upgrade of the route between Leeds and Stalybridge with further interventions between Manchester and Stalybridge. The contract was awarded in April 2017 to an alliance comprising BAM Nuttall, Amey Rail Limited, Amey OWR Limited and Ove Arup and Partners, known as Transpire.
— and enhancing or maintaining the reliability of the railway asset within the Transpennine Rail Corridor.
Network Rail procured a multi-disciplinary programme of design and works, comprising buildings, civils, track, signalling and communication railway construction works on a design and execution basis. Economic operators or groups of economic operators were required to have capability to undertake these key disciplines. Consistent with alliance contracting arrangements and in addition to its role as project ‘owner’ Network Rail highlighted that it would provide certain works and/or services as a participant in the alliance. The contractor(s) and Network Rail each as an ‘alliance participant’ forming the ‘alliance’ are required to work as an integrated team providing resources on a ‘best for project’ basis and sharing risk and reward.
The original procurement instructs the Alliance (Transpire) to close sections of the network to undertake physical works. To enable this, diversionary routes are agreed to allow the timetabled service to (in part) be redirected.
Discreet interventions have been identified as critical for completion prior to the main disruptive access to allow the network closures. These are primarily track and signalling related but also include civils works and are required in locations both within the ‘core-scope’ (as described in section II.1.4) and adjoining routes.
NR intends to award these works to the alliance as they largely fall within the scope of the original contract. A small proportion falls outside the geographical scope and does not result in a substantial modification. The works outside the main geography are at Hebden Bridge and require conversion of existing sidings to create a passenger loop (‘Additional Works’).
The additional works are covered by the scope which transpire are performing, and the procurement process and contract award anticipated these types of work being instructed to Transpire.
The value of the additional works is estimated to be 0.3 % of the original contract value (GBP 6 000 000 of an estimated GBP 2 000 000 000).
The additional works do not require modification of the other terms of the original contract and can be done within the existing structure/procedures.
The geography of the additional works is in close proximity and similar in character to the existing scope, and is a relatively small and limited area compared to the original contract.
The modification does not introduce conditions which, had they been part of the initial procurement procedure, would have allowed acceptance of/ attracted other tenderers because the additional works:
(iii) are neither specialist in nature, nor high value/high profile, or of strategic value and are of the same type covered by the original contract.
The modification does not change the economic balance in a manner which was not provided for, as the additional works can be priced and scoped by reference to the tenders submitted by the Alliance members and by further reference to works completed. Further, there is no need to introduce new forms of contract or change other parts of the original contract to accommodate the type of works required by the additional works.
In all the circumstances, NR considers it is entitled to instruct Transpire as set out in compliance with the UCR2016; this does not amount to a substantial change and NR merely seeks to promote transparency by issuing this notice.


Winner: The High Court of England and Wales