The Polish company Pojazdy Szynowe PESA Bydgoszcz SA will be selected as the contractor for the delivery of 35 multiple unit trains under the Public Procurement Act. "Stadler Polska Sp. Z.o.o., ranked first, withdrew from the procedure and requested the termination of the contract for the delivery of 7 double-decker trains financed with Recovery and Sustainability Plan funds.
The Ministry of Transport and Communications has received a letter from Stadler informing it that, on the basis of Article 37, paragraph 7 of the contract, it should be terminated, as well as a statement that it is withdrawing from the procedure for the delivery of 35 trains.
It should be recalled that on 26 April 2024, a contract was signed with the subject "Supply of 7 double-decker zero-emission electric multiple unit trains, with a capacity of at least 300 seats, maintenance for a period of 15 years and staff training". The initial deadline for the contractor to post a bank guarantee was 30 working days from receipt of notification of secured financing. Following a reasoned request from Stadler, the deadline was extended by a further 52 working days. The deadline for submission of the bank guarantee expired on 22 July 2024 and to date it has not been submitted, which is further confirmation of the company's refusal to execute the contract awarded to it.
"In the course of the negotiations between the Ministry and Stadler many efforts were made to reach mutually beneficial solutions, within the framework of the law. Stadler made ultimatum demands, changing even the scope of the contract, which went far beyond non-substantive amendments, which in itself is impermissible under the Public Procurement Act. This is the reason why the same were not accepted by the Ministry. The company's decision to terminate a supply contract already in place, and to withdraw from a procedure - both of huge national and public interest - is not consistent with good commercial relations.
Nevertheless, we are in a continuous dialogue with the European Commission and we will do our best to implement in full and on time the reform in the railway sector, set out in the Recovery and Sustainability Plan," said Minister Gvozdeykov.