Train Services Agreement relating to the maintenance of Class 385 Train Units

Description

Lot 1: SRT modified the TSA to extend the end date to 31 March 2032 and made incidental changes as necessary to effect the extended end date and reflect the updated regulatory landscape. Viewed in the context of the TSA the modification is not considered to be substantial within the meaning of Regulation 86(1)(e) of the Utilities Contracts (Scotland) Regulations 2016 (UCSR). In any event, the modification is permitted by Regulation 86(1)(b) UCSR because a change of maintainer could not be made for economic or technical reasons and would cause significant inconvenience and/or substantial duplication of costs for ScotRail. Hitachi is the only maintainer with the necessary depot facilities, technical systems and capacity to provide the Services when the TSA terminates on 31 March 2025. Hitachi has exclusive rights to perform light maintenance services at the relevant depot (Craigentinny Depot, Edinburgh) pursuant to Section 8 of the Railways Act 1993, and ScotRail considers that the light and heavy maintenance services are not separable. ScotRail considered that the extension is the optimum period needed to allow it to continue to provide vital rail services.