Train Services Agreement for the continued provision of maintenance and engineering support services for the Class 222 fleet to maintain safe and reliable passenger operations through to fleet redelivery in 2027. The services continue the arrangements originally procured under F05 Notice 2022/S 000-013411 for the provision of short-term maintenance services for the Class 222 fleet.

This Voluntary Ex Ante Transparency Notice is published in accordance with Regulation 88(2) of the Utilities Contracts Regulations 2016. The contracting entity intends to observe a period of at least 10 calendar days from the day following publication of this notice before entering into the contract.

Due to delays in the introduction of its new intercity rolling stock, East Midlands Railway is extending the lease of its incumbent Class 222 fleet and therefore requires the continued provision of maintenance and engineering support services for its Class 222 fleet. The scope of services includes scheduled and unscheduled maintenance, technical engineering support, fleet reliability activities and associated services necessary to ensure the continued safe and effective operation of the fleet. The contract is required to maintain continuity of maintenance provision at Etches Park depot where the maintenance of the fleet has been carried out for a number of years and is embedded within depot operations and avoid disruption to passenger rail services whilst longer-term arrangements are implemented. The services support fleet availability, operational performance, safety compliance and the ongoing delivery of passenger services. Options: To minimise any delays and/or disruption, EMR may, exercise an option to extend the amended agreement for a further period of up to six months beyond 22 August 2027, resulting in a maximum expiry date of 22 February 2028. The extension may be exercised to support completion of the Class 222 fleet withdrawal programme, vehicle return activities, associated transition obligations and the phased introduction and stabilisation of the Class 810 fleet and does not contravene any onward leasing arrangements.

Utilities Contracts Regulations 2016 (Directive 2014/25/EU)

Negotiated without publication of a contract notice Transport UK East Midlands Limited intends to award a contract to Hitachi Rail Limited without prior publication of a contract notice pursuant to the Utilities Contracts Regulations 2016. The contract relates to the continued provision of maintenance services for the Class 222 fleet. The services are required to ensure the safe, reliable and uninterrupted operation of passenger rail services during the period leading up to completion of the Class 222 fleet withdrawal programme and introduction of the Class 810 fleet. A change of supplier during this period would create significant operational, technical and programme risks. Hitachi Rail Limited possesses detailed knowledge of the fleet, the existing maintenance arrangements and the associated transition programme. The appointment of an alternative supplier would require substantial mobilisation, knowledge transfer, training and integration activities, resulting in duplication of cost and unacceptable risk to fleet availability and service continuity. The contracting authority considers that the contract may therefore be awarded without prior publication of a contract notice because competition is absent for technical reasons within the meaning of the Utilities Contracts Regulations 2016, as the services can only be provided by the existing provider without causing significant operational disruption and unacceptable risk to service continuity. The duration of the contract is limited to the period necessary to support withdrawal of the Class 222 fleet and the transition to the Class 810 fleet.