STADLER announced on November 28 that it had launched a legal challenge the previous day in Switzerland against the award of a major fleet order by Swiss Federal Railways (SBB).
Earlier this month SBB selected Siemens Mobility as preferred bidder for a framework contract for up to 200 six-car double-deck EMUs for deployment on Zürich S-Bahn services and in French-speaking Switzerland. A base order for 116 trains worth $US 2.48bn was confirmed at the same time, with the EMUs due to be delivered from Siemens’ Krefeld plant in Germany from 2031.
Stadler initially described as “disappointing” SBB’s decision to accept a bid that was only fractionally higher than its own from a competitor that would build the trains outside Switzerland. It said that the price difference between the two bids was just 0.6%.
Following detailed analysis of the tender documents Stadler says it is unable to explain how SBB reached its conclusions. “After thorough examination of the award decision, we still cannot understand the evaluation,” says Stadler board chairman, Peter Spuhler. “For this reason, we have decided to lodge an appeal with the Federal Administrative Court, as provided for in the award procedure. The Court, as an independent judicial authority, should review the award decision for its correctness."
Stadler is unhappy that the Siemens trains, which are a new design and not yet in production, have been chosen over its proven Kiss platform which includes double-deck trains, pointing out that 153 Kiss EMUs are in daily use with SBB with an average availability of 99%.
The Swiss manufacturer is particularly concerned that it received only half as many points as the winning bidder in the sustainability category. As it claims it was the only bidder that would produce the new fleet entirely in Switzerland with aluminium profiles and other components from Swiss suppliers, it says this assessment does not appear to make sense.
Stadler rejects suggestions that it is looking to protect its Swiss-based workforce. “Stadler does not want protectionism and has never demanded it,” the company said in a statement. It adds that the company “only resorts to legal remedies in exceptional cases.”
SBB responds
Ahead of the legal challenge, SBB said that it awarded the contract to Siemens in accordance with the provisions of public procurement law. According to SBB, “Siemens Mobility submitted the most advantageous offer under procurement law and came out on top in terms of investment costs, operating expenses (energy/maintenance) and sustainability criteria.”
Following Stadler’s latest announcement, SBB issued a statement on November 28 in which it says that “the award of the major contract was carried out according to a clearly defined process.”
“The criteria and requirements for the tender had been transparently presented and communicated to all bidders. No objection was received. All providers have accepted the criteria and requirements.”
SBB responds to Stadler over the alleged minimal price difference between the two bids by stating that: “The price difference quoted by Stadler refers only to the capital cost. Over the entire service life of 25 years, the price difference between the offers adds up to a three-digit million amount.”
On the wider context of the contract award, SBB stresses: “The decision was based on the objective and independent evaluation of the individual criteria by around 100 SBB specialists. The award of the contract was not based on a neck-and-neck result. Siemens Mobility's lead was clear.”
SBB says it cannot say what impact, if any, the legal challenge will have on the delivery schedule for the new trains, but both parties say that they will make no further comment while the legal challenge is ongoing.
