Network Rail (High Speed) High Output Midlife Ballast Refurbishment

Concepts

• railway track
• ballast construction
• ballast materials
• high speed) high output midlife ballast refurbishment
• the high speed 1 railway line
• network
• rail
• refurbishment
• ballast
• midlife

Location

United Kingdom: High Speed 1 railway line - Kent

Description

Cleaning and partial replacement of ballast materials forming part of the structure of the High Speed 1 railway line.

Total Quantity or Scope

Cleaning and partial replacement of ballast materials, currently planned to be delivered in three tranches over a 5 year period, forming part of the structure of the High Speed 1 railway line including but not limited to: • Management and delivery of the detailed design and development works • Undertaking and validation of the site investigations and survey information • Access planning and control • Contingency arrangements and planning • Logistics and haulage • Provisions of labour and all specialist plant and machinery • Supply and quality assurance of ballast materials • Compliant delivery of the renewal works • Generation and issue of relevant handover documents and completion drawings

Award Detail

CPV Codes

• 50225000 - Railway-track maintenance services
• 45234130 - Ballast construction works

Legal Justification

Network Rail (High Speed) Limited (NRHS) intends to enter into this contract with Network Rail Infrastructure Limited (NRIL) on the basis of Regulation 28(2) of the Utilities Contracts Regulations 2016. This provides that a contract falls outside UCR2016 where a controlled legal person which is a contracting authority awards a contract to its controlling contracting authority provided there is no direct private capital participation in the contracting authority being awarded the contract. NRIL is a contracting authority; it is ultimately owned by Network Rail Limited, a company limited by guarantee, of whom the Secretary of State for Transport is the sole member. NRHS is a wholly owned subsidiary of NRIL. NRHS considers that it is a contracting authority on the basis of the general test set out in Regulation 4, UCR2016. NRHS has legally personality as it is a private company limited by shares, incorporated in England and Wales. NRHS is subject to administrative, managerial and supervisory control by NRIL for the purposes of part (c)(ii) and (iii). NRHS's memorandum and articles of association provide for the appointment of directors to the board by ordinary resolution. NRHS's directors have the usual duties in the direction and management of its affairs as required of the directors of a limited company under UK company law. As NRIL is the sole shareholder of NRHS, its ability to make appointments to the board of directors means part (c)(iii) of the test is met. NRHS also considers it was "established for the specific purpose of meeting needs in the general interest" i.e. its activities were intended to and continue to almost entirely consist of services in relation to the High-Speed 1 line for HS1 Limited (under the long-term Operator Agreement between NRHS and HS1 Limited) including u, the provision of maintenance and renewals services and that those services should be regarded as meeting needs in the general interest. Activities of NRIL's subsidiaries are also constrained by Condition 16.1 of its Network Licence. NRHS further considers that it does not have an industrial or commercial character on the basis that it is strongly arguable that it does not operate in normal market conditions and that it is not clear that it would ultimately require to bear all risks associated with exercise of its activities. For these reasons, NRHS considers that it is a contracting authority and is entitled to make use of the exception from UCR2016 set out in Regulation 28(2). The contract to be awarded will place an obligation upon NRIL to carry out works relating to the cleaning and partial replacement of ballast materials forming part of the structure of the High Speed 1 railway line which NRHS is responsible to HS1 Limited for the maintenance of.

Other Information

** PREVIEW NOTICE, please check Find a Tender for full details. ** Please note V.2.1 above did not permit a future date to be entered. Network Rail (High Speed) Limited intends to observe a ten day standstill period following publication of this notice before entering into the contract.