1.1 Buyer
Official name
:
National Transport Authority (NTA) and Transport Infrastructure Ireland (TII)
Luas Operations and Maintenance Contract
The scope of the Luas Operations and Maintenance (O&M) Contract includes the following services to be performed by the Operator: operation of public light rail passenger services, rolling stock maintenance, infrastructure maintenance (e.g. depots, track, etc.) and management and operation of Luas Park and Ride sites. Maintenance of the automatic …
CPV: 34600000 Locomotoras de ferrocarril y de tranvía, material móvil y sus partes, 34621000 Vehículos de mantenimiento o de servicio para ferrocarril, y vagones de carga, 34621200 Vehículos de mantenimiento o de servicio para ferrocarril, 34630000 Partes de locomotoras de ferrocarril o tranvía o material móvil; equipo de control del tráfico de ferrocarriles, 50200000 Servicios de reparación, mantenimiento y servicios asociados relacionados con aeronaves, vías férreas, carreteras y la marina, 50220000 Servicios de reparación, mantenimiento y servicios asociados relacionados con vías férreas y otros equipos, 50222000 Servicios de reparación y mantenimiento de material móvil, 50324100 Servicios de mantenimiento de sistemas, 60200000 Servicios de transporte ferroviario, 60210000 Servicios de transporte público por ferrocarril
1. Buyer
2. Procedure
2.1 Procedure
Title
:
Luas Operations and Maintenance Contract
Description
:
The scope of the Luas Operations and Maintenance (O&M) Contract includes the following services to be performed by the Operator: operation of public light rail passenger services, rolling stock maintenance, infrastructure maintenance (e.g. depots, track, etc.) and management and operation of Luas Park and Ride sites. Maintenance of the automatic fare collection system is within the scope of the O&M contract and undertaking asset renewal works for the infrastructure and tram vehicles. The possible full contract term is 132 months from operating commencement, which comprises an initial duration of 72 months with an option to extend by a further 60 months. The estimated value of the contract at the time of award was approximately €907,500,000 (excluding VAT) for the full possible contract term. The contract terms include fixed and variable rates, payments and deductions for volume of services provided, performance levels achieved and various maintenance and asset management activities. Contract payments for various items are index linked.
Procedure identifier
:
1e3a6c4a-d51a-4d46-84a1-14ae97e00947
Internal identifier
:
TII066
2.1.1 Purpose
Main nature of the contract
:
Services
Main classification
(
cpv
):
60200000
Railway transport services
2.1.4 General information
Additional information
:
NTA and TII are the joint contracting authority for this contract. Note that the Contracting Authorities decided to tender for a new contract for Luas Operations and Maintenance (O&M) in 2024 and the contract notice for this procurement competition was dispatched 2nd February 2024 (OJEU reference 198460-2024). This is relevant additional information as the current / existing Operation & Maintenance contract (“O&M Contract”) will therefore not run for the full possible contract term of 132 months. It is expected that the contract term will be for approximately 82 months and that the contract will expire during late 2026. The exact timing of the contract expiry date is dependent on the timing of the contract award date relating to the procurement competition for the new O&M contract. The value in field 2.1 above represents the original tendered value of the O&M Contract for the full potential duration of 132 months. The value of 577,500,000 represents the original tendered value of the O&M Contract calculated over the now anticipated duration of 82 months. The value of 540,000,000 represents the anticipated actual value of the O&M Contract including this modification (20,000,000). As can be seen from the values set out in this Notice, the modifications contemplated by this Modification Notice do not result in an increase in the value of the contract beyond that initially published.
Legal basis
:
Directive 2014/25/EU
5. Lot
5.1 Lot technical ID : LOT-0000
Title
:
Luas Operations and Maintenance Contract
Description
:
Luas is Dublin's light rail system and consists of 2 lines, the Red Line and the Green Line. Luas is Dublin's light rail system and consists of 2 lines, the Red Line and the Green Line. The system currently comprises 37 kilometres of track, 2 maintenance depots, 54 stops and a fleet of 66 light rail vehicles. Luas carried 34 000 000 passenger journeys in 2016. A 5.6 kilometre extension to the Green Line is currently under construction and is scheduled to open in December 2017. The system will then comprise 43 kilometres of track, 3 depots and 73 light rail vehicles, and is expected to carry 42 000 000 passenger journeys in 2018. Further expansion of the system is anticipated and accordingly the scale of the contract with the successful tenderer may increase over its term. It is anticipated that the O&M Contract will commence operations in Quarter 4, 2019 for a period of 6 years, with an option to extend by up to a further 5 years. There will be a mobilisation/transition period from the date of contract signing until the operating commencement date. It is envisaged that revenue risk will be borne by TII but that some fare evasion risk will be borne by the Operator. The passenger services to be provided by the operator will be defined by a service specification. There will be a performance monitoring system in place based on a number of key performance indicators. The full scope of services required was set out in the invitation to tender documentation which was issued to the successful parties who were shortlisted following the selection/pre-qualification stage of the procurement process.
Internal identifier
:
TII066
5.1.1 Purpose
Main nature of the contract
:
Services
Main classification
(
cpv
):
60200000
Railway transport services
Additional classification
(
cpv
):
34600000
Railway and tramway locomotives and rolling stock and associated parts
Additional classification
(
cpv
):
34621000
Railway maintenance or service vehicles, and railway freight wagons
Additional classification
(
cpv
):
34621200
Railway maintenance or service vehicles
Additional classification
(
cpv
):
34630000
Parts of railway or tramway locomotives or rolling stock; railways traffic-control
equipment
Additional classification
(
cpv
):
50200000
Repair, maintenance and associated services related to aircraft, railways, roads and
marine equipment
Additional classification
(
cpv
):
50220000
Repair, maintenance and associated services related to railways and other equipment
Additional classification
(
cpv
):
50222000
Repair and maintenance services of rolling stock
Additional classification
(
cpv
):
50324100
System maintenance services
Additional classification
(
cpv
):
60210000
Public transport services by railways
5.1.2 Place of performance
Country subdivision (NUTS)
:
Dublin
(
IE061
)
Country
:
Ireland
Additional information
:
5.1.6 General information
This is a recurrent procurement
Description
:
8 Years
Procurement Project not financed with EU Funds.
The procurement is covered by the Government Procurement Agreement (GPA)
:
yes
5.1.7 Strategic procurement
Green Procurement Criteria
:
No Green Public Procurement criteria
Social objective promoted
:
Accessibility for all
5.1.12 Terms of procurement
Terms of contract
:
Legal form that must be taken by a group of tenderers that is awarded a contract
:
J&S Liability
5.1.16 Further information, mediation and review
Review organisation
:
HIgh Court
Organisation providing additional information about the procurement procedure
:
National Transport Authority (NTA) and Transport Infrastructure Ireland (TII)
Organisation providing offline access to the procurement documents
:
National Transport Authority (NTA) and Transport Infrastructure Ireland (TII)
Organisation signing the contract
:
National Transport Authority (NTA) and Transport Infrastructure Ireland (TII)
6. Results
Value of all contracts awarded in this notice
:
540 000 000
Euro
6.1 Result lot ldentifier : LOT-0000
6.1.2 Information about winners
Winner
:
Official name
:
Transdev Dublin Light Rail
Tender
:
Tender identifier
:
TII066
Identifier of lot or group of lots
:
LOT-0000
Value of the result
:
20 000 000
Euro
Subcontracting
:
No
Subcontracting value is known
:
no
Subcontracting percentage is known
:
no
Contract information
:
Identifier of the contract
:
1
Title
:
Luas Operations and Maintenance Contract
Date of the conclusion of the contract
:
12/06/2019
Organisation signing the contract
:
National Transport Authority (NTA) and Transport Infrastructure Ireland (TII)
7. Modification
7.1 Modification
Identifier of the previous contract award notice
:
320607-2019
Identifier of the modified contract
:
CON-0001
Reason for modification
:
Need for modifications because of circumstances which a diligent buyer could not predict.
Description
:
Two modifications of the contract were made to reflect impacts of the Covid-19 pandemic which were unforeseeable at the time of entry into of the O&M Contract and which impacted the contractor’s performance of the Operations and Maintenance Contract. These modifications are summarised as follows: i) A change to the contractual indexation provisions which allow for adjustments to payments of the Base Yearly Amount to the contractor as a result of annual changes to earnings of staff members performing the Services, which is calculated by reference to economic activities in the published Nomenclature of Economic Activities (“NACE”) index. The modification aligned the indexation mechanism to the most appropriate category of worker involved in the delivery of the services pursuant to the contract (rather than the NACE index identified in the contract, which grouped certain categories of worker together). This modification to the NACE Index resulted in an additional payment of €3,743,858 for the period to end of June 2024 (which was in addition to an earlier payment of €378,745 made in 2020 to reflect an initial assessment of the impacts of Covid-19 at the time). ii) A revision to a contractual variation to deal with the impacts of the Covid-19 pandemic to provide additional relief for certain system performance deductions (e.g. Lost Kilometre Deductions, Excess Waiting Time Deductions, Fare Evasion Deductions, Light Rail Vehicle Maintenance and Infrastructure Maintenance Deductions) incurred by the contractor. This modification included for additional relief in the form of a reimbursement of deductions previously charged against the contractor of €7,318,000 for the period 2020 to 2023 (which represented approximately 48% of the deductions applied / charged during this period). The review and revision to the contractual variation also resulted in the reimbursement of the contractor for certain additional labour and sub-contractor costs incurred in performing the Services (i.e. seeking to run a full timetable) to the amount of €6,372,951 for the same period between 2020 to 2023. As noted above the contracting authorities have commenced the procurement competition for the next generation Luas Operations and Maintenance and therefore expect that the current / existing O&M contract will not run for the full possible contract term of 132 months, which also means that the value of the contract will be lower than originally anticipated.
7.1.1 Change
Description of modifications
:
In relation to the first modification, the Nomenclature of Economic Activities (“NACE”) index is used in the O&M Contract as part of the indexation provisions of the O&M Contract. Due to the Covid-19 pandemic, the indexation provisions in the O&M Contract produced an irrational outcome, in circumstances where the impact of the Covid-19 pandemic affected different categories of worker in very different manners. The primary reason for the NACE Index not increasing in line with the contractor’s wage increases was the unforeseen collapse of the airline industry due to the worldwide COVID-19 travel restrictions which resulted in many airline staff being made redundant between 2020 and 2021 and minimal wage increases for staff that were retained. This meant that between Quarter 2 of 2019 and Quarter 2 of 2020, there was a significant and unforeseen decrease for the air transport sub-sector of NACE (c. 32%) whereas the average decrease for the three other sub-sectors of NACE was marginal (c. 3%). This significant reduction in the air transport sub-sector of NACE (as a result of the impacts of Covid-19) had a disproportionate cumulative impact on NACE Principal Activity H for 2021 such that there was no increase. In relation to the second modification, the contracting authorities agreed certain reliefs at the outset of the Covid-19 pandemic which sought to limit the anticipated impacts on the contractor’s performance of the O&M Contract including measures which sought to limit the contractor’s increased exposure to System Performance Deductions in accordance with the variation mechanism under the O&M Contract as well as compensation for additional unforeseen costs related to providing a full service during the pandemic. It was agreed that these measures would be revisited at a later date. Upon review, it was agreed that the measures initially agreed were insufficient to compensate the operator for the additional costs and deductions incurred pursuant to the O&M Contract arising by virtue of the Covid-19 pandemic. In each case, TII is satisfied that the modifications were necessary to ensure the continued provision of the services pursuant to the O&M Contract, that the modifications were brought about by circumstances which a diligent contracting authority could not have foreseen (namely the Covid-19 pandemic) and that the modifications do not alter the overall nature of the O&M Contract.
8. Organisations
8.1 ORG-0001
Official name
:
National Transport Authority (NTA) and Transport Infrastructure Ireland (TII)
Registration number
:
9510201H
Department
:
Procurement Department
Postal address
:
Parkgate Business Centre, Parkgate Street
Town
:
Dublin
Country subdivision (NUTS)
:
Dublin
(
IE061
)
Country
:
Ireland
Contact point
:
Rob Grumley
Telephone
:
+353 1 6463650
Roles of this organisation
:
Buyer
Central purchasing body awarding public contracts or concluding framework agreements
for works, supplies or services intended for other buyers
Organisation providing additional information about the procurement procedure
Organisation providing offline access to the procurement documents
Organisation signing the contract
8.1 ORG-0003
Official name
:
HIgh Court
Registration number
:
High Court
Postal address
:
Four Courts
Town
:
Dublin
Country subdivision (NUTS)
:
Dublin
(
IE061
)
Country
:
Ireland
Telephone
:
+353 18886211
Roles of this organisation
:
Review organisation
8.1 ORG-0004
Official name
:
Transdev Dublin Light Rail
Registration number
:
transdev
Postal address
:
Sir John Rogersons Quay
Town
:
Dublin
Country subdivision (NUTS)
:
Dublin
(
IE061
)
Country
:
Ireland
Roles of this organisation
:
Tenderer
Winner of these lots
:
LOT-0000
11. Notice information
11.1 Notice information
Notice identifier/version
:
8d49e87b-d221-4618-9c0c-f4894053b6ff
-
01
Form type
:
Contract modification
Notice type
:
Contract modification notice
Notice dispatch date
:
23/08/2024
07:06 +00:00
Languages in which this notice is officially available
:
English
11.2 Publication information
Notice publication number
:
00511729-2024
OJ S issue number
:
165/2024
Publication date
:
26/08/2024