Rolling stock

Description

Abellio East Anglia Ltd (AEA) entered into an agreement, originally between AEA, CBA Rolling Stock Company No 1 Pty Ltd and Bombardier Transportation UK Ltd on 29 September 2016 for, inter alia, the manufacture and supply of 22 x 10-car electric multiple units (EMUs) and (eighty nine) 89 x 5-car EMUs, and now between AEA, Bombardier Transportation UK Ltd (as Manufacturer of the rolling stock) and Angel Trains Rolling Stock Ltd (as the owner of the rolling stock). Due to the impact of Covid-19, the parties are amending the manufacture and supply agreement. Abellio East Anglia Ltd (AEA) entered into an agreement, originally between AEA, CBA Rolling Stock Company No 1 Pty Ltd and Bombardier Transportation UK Ltd on 29 September 2016 for, inter alia, the manufacture and supply of 22 x 10-car electric multiple units (EMUs) and eighty nine 89 x 5-car EMUs, and now between AEA, Bombardier Transportation UK Ltd (as Manufacturer of the rolling stock) and Angel Trains Rolling Stock Ltd (as the Owner of the rolling stock). Through the agreement the Manufacturer would manufacture the EMUs, sell them to the Owner, which would then subsequently lease the EMUs to AEA. The parties have considered amending the manufacture and supply agreement to remove the 10-car EMUs, with Bombardier instead providing 133 x 5-car EMUs. The manufacture and supply agreement and its subsequent amendment do not fall within the scope of the Utilities Contracts Regulations 2016 (UCR), as AEA is not a utility for the purposes of the UCR. In any case, regulations 88(1)(b) or 88(1)(c) of the UCR would apply. To acquire rolling stock from another manufacturer/owner would oblige AEA to acquire rolling stock which has different technical characteristics which would result in incompatibility and disproportionate technical difficulties in operation and maintenance. This is exacerbated in the context of the Covid-19 pandemic.