Class 158 Rolling Stock Lease

Location

Glasgow

Description

This notice concerns a modification to an existing lease (the Lease) procured whilst ScotRail was under the Abellio franchise ownership, between ScotRail Trains Limited (SRT) and Porterbrook Leasing Company Limited (Porterbrook) for 80 Class 158 vehicles (the Fleet). The Lease is currently scheduled to expire on 31 March 2030 and a 3-year extension has been agreed to the Lease for the same scope of supplies, with an additional option to extend for up to a further 2 years. The value of that extension (inclusive of options) is GBP 73,300,000 excluding VAT. This extension is necessary to ensure SRT is able to discharge its obligations and continue to deliver vital services while the suburban and rural new fleet procurements are commenced and is therefore an interim solution until the new fleet can be procured, built and commissioned for passenger service. An interior refurbishment will be undertaken to the Fleet to ensure it can continue to operate for passenger service for the duration of the extension.

Total Quantity or Scope

The Lease is being modified in accordance with regulation 86(1)(b) of the Utilities Contracts (Scotland) Regulations 2016 as additional supplies not included within the original procurement have become necessary, and a change of contractor cannot be made for economic or technical reasons and would cause significant inconvenience or substantial duplication of cost for SRT, because: 1. The modification has become necessary: there is a need to secure the ongoing operation of the Lease, which includes lifeline services in rural and east suburban areas, while SRT carries out a full procurement for an enduring rolling stock solution using emerging technologies (including batteries and network electrification). Diesel trains are the only feasible option for this interim period. 2. A change of contractor cannot be made for economic or technical reasons: this is because: a. the Fleet has specific characteristics and technical features that are designed to interoperate with the rail infrastructure and SRT’s other fleets and are required for operation on the Far North and East Suburban Lines. For example: i. the Fleet is the only available DMU passenger stock which is fully accepted for operation on these lines and is able to make use of differential speed limits to meet journey time requirements; ii. the Fleet has been fitted with Variable Rate Sanding Equipment, funded by the Scottish Targeted Performance Fund, to offer improved braking performance in low adhesion environments and support SRT’s safety case; iii. the Fleet is fitted with essential radio electronic token block and request stop systems for the Far North Lines; iv. the Fleet is able to maintain technical compatibility with the network (including the CL170 fleet with which it is required to operate interchangeably) and depots, ensuring SRT satisfies the operational requirements stipulated in its Grant Agreement with Scottish Ministers; v. any alternative Fleet would require an extensive programme of train crew and engineering staff training, which would create significant additional (and disproportionate) training workload at a time when SRT is already engaged in an intensive programme of recruitment for future fleet cascades and new trains; vi. a Section 54 agreement is being finalised in relation to the Fleet, and SRT expects that agreement to be in place for the full duration of the lease and options. b. SRT’s analysis has confirmed that there are no alternative available fleets (other than the CL170 s that SRT already operates) that contain the necessary technical features and could meet these requirements. 3. In the event that an alternative existing fleet with suitable performance and technical characteristics was available (which in SRT’s view is not the case), and that fleet could be adapted to accommodate the necessary technical features, this would result in substantial duplication of cost, significant inconvenience and extra time out of service, which would be disproportionate in the context of an interim solution

Award Detail

Renewal Options

As per II.1.4, there is an option to extend for up to a further 2 years.

CPV Codes

• 34600000 - Railway and tramway locomotives and rolling stock and associated parts

Indicators

• Options are available.

Legal Justification

Please refer to II.2.4 for the Description of the procurement

Other Information

Please note the value provided at II.1.7 represents the total value of the lease from the point of transfer to ScotRail Trains Limited in 2022. (SC Ref:820057)