ScotRail Franchise Replacement (Regulation 1370/2007)

Tender description

T-01 Rail transport services After expiry of the current ScotRail Franchise Agreement between The Scottish Ministers and Abellio ScotRail Limited (FA) (due to expire as of 31 March 2022), Transport Scotland, on behalf of The Scottish Ministers, intends to entrust the provision of ScotRail Passenger Services to a company owned and controlled by The Scottish Ministers, and directly award a Public Service Contract in that regard under and in terms of Article 5(6) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road as amended (retained EU Law). More information can be found on Transport Scotland’s website: https://www.transport.gov.scot/public-transport/rail/scotrail-franchise/ As an alternative to the above and depending on the circumstances, Transport Scotland, on behalf of The Scottish Ministers may wish to make a direct award of a Public Service Contract for the provision of ScotRail Passenger Services under and in terms of Article 5(2) of Regulation (EC) No 1370/2007 as successor to the FA. The Scottish Ministers may put in place a holding company structure in support of the proposed arrangements. The contract award is expected to cover rail passenger services of substantially the same scope as the current ScotRail Franchise. Term of Award The Scottish Ministers may require to put a Public Service Contract in place for up to 10 years. At present the envisaged direct award will be for a period of 3 to 5 years with any optional additional period or periods exercisable at the sole discretion of the Contracting Authority.