Continuity of public transport service ensured despite Transdev's appeal against Nîmes Métropole

L'attribution de la nouvelle délégation de service public des transports se fait attendre. Midi Libre – MiKAEL ANISSET

This Monday, February 26, the Agglo preferred to withdraw its deliberation which would have made it possible to validate the choice of the new transport delegate for Nîmes Métropole.

This Monday, February 26, at the beginning of the evening, the community elected officials of Nîmes Métropole did not have to deliberate on the allocation of the public transport service delegation to Keolis, following the appeal in referred to the Nîmes administrative court of the current delegate Transdev. A twist of theater that the Agglo services could expect.

Relations between the operator Transdev and Nîmes Métropole have become less fluid in recent months, some elected officials have even openly discussed the lack of motivation of the delegatee at the end of the contract.

A transport operator who, very rarely, did not respond to the call for tenders, cooled by the amount of the next contract, the DSP& nbsp;starts on July 1 (until the end of 2030),  and the savings that this requires. Attempts at conciliation did not result in a settlement of this matter.

Hearing March 5

Transdev has filed a pre-contractual summary appeal in order to request the cancellation of the procedure to denounce irregularities by the agglomeration. If the Agglo and the delegatee are very discreet this Tuesday, the reasons for the disagreement are becoming clearer. The appeal relates to a financial problem, the amount of the contract, but also to a modification of the specifications, within the framework of the call for tenders, outside the period of fifteen days before the limit of the submission of files.

The hearing of the administrative court is scheduled for Tuesday March 5, the decision could come around ten days later. Several scenarios must be considered.

Continuity of service

Most favorable to the Agglo: the administrative court dismisses Transdev. The deliberation on the allocation of the public transport service delegation to Keolis will again be submitted to a vote by the community council, on Monday March 25. The judge could also pronounce several partial cancellations, which would force Nîmes Métropole to partially review its call for tenders, as well as the specifications. Which will take several months…

Finally, the entire DSP renewal procedure can be canceled. The worst scenario for the Agglo which will have to review the entire procedure, which would take at least a year.

In this specific case, the continuity of the public public transport service, i.e. the Tango network, in the Nîmes metropolitan area, must be ensured. "The law obliges, as part of the continuity of service, the current delegate to extend", notes an observer familiar with the DSP. But the Agglo can also decide to enter into a concession contract for a limited period with another actor in this very particular case. Which is not the preferred scenario.

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