Bulk Fuel Supplies for Transport UK East Midlands Limited

Transport UK East Midlands Limited (EMR) is running this procurement for the provision of Bulk Fuel Supplies to three depot locations referred to below and in accordance with the Procurement Act 2023 using the Competitive Flexible Procedure.

The combined estimated annual volume of product is 47,706,000 litres - Gas Oil to BS EN590 Gas Oil A2 (Red Diesel).

EMR proposes to enter into one or more contract(s) with the successful Tenderer(s) for an initial period of 48 months and an extension option for a further period of 12 months, for a maximum potential period of 24 months i.e. 2 x 12 month extension periods.

This procurement process is being advertised and run by EMR on its own behalf and on behalf of the successor operator of the rail passenger transport services in respect of the East Midlands area.

That successor operator will be a public sector company, is expected to be a wholly owned subsidiary of DfT Operator Limited and will be ultimately owned by the Secretary of State for Transport (the "Successor Operator").

The date for transfer of the current operations to the Successor Operator is not yet confirmed. Where the transfer is completed before Contract award under this Procurement process, the Successor Operator may elect (but will not be obliged) to carry on with this Procurement process in place of EMR, by taking on the role of contracting entity from the date of completion of the transfer (with all other Procurement documents to be interpreted accordingly).

Where the transfer is not yet completed by the time of Contract award, contractual rights may be included in the contractual arrangements to enable transfer to the Successor Operator. Tenderers should note that this procurement process (if ongoing), or any awarded Contract, may be included in a transfer scheme made by the Secretary of State under section 12 of the Railways Act 2005, or the transfer may be affected outside of, or separate from, such a scheme.

Where a Successor Operator is appointed during this Procurement process, and the Procurement is transferred to the Successor Operator, the Successor Operator reserves the right to administer this Procurement in a different way, for example by using different or revised submission arrangements, including extending any timescales.

For the avoidance of doubt, EMR is the procuring authority in respect of this Procurement until a transfer to the Successor Operator is completed.

EMR or any Successor Operator will not be liable for any bid costs, expenditure, work or effort incurred by a Tenderer in proceeding with or participating in this Procurement, including if the Procurement process is terminated or amended by EMR or any Successor Operator.

FPA Consulting Limited (hereinafter referenced as FPA) has been employed by EMR to act as procurement consultant and advisor to EMR for this procurement. In the event of a contract award, the successful Bidder will enter into direct contract with EMR and not FPA.