Transport market: Transdev, Nîmes métropole and Keolis face off at the administrative court

The decision will be made in the coming days. Midi Libre – MiKAEL ANISSET

Has the Agglo "changed the rules of the game" of competition to the detriment of Transdev ? Or is the current delegatee who did not represent himself "rewriting history" to its advantage ? Two versions clashed this Tuesday at the administrative court…

Transport market crisis, continued. After the pre-contractual summary appeal filed by Transdev at the administrative court on Friday February 23 and then the withdrawal at the last minute of the deliberation at the Agglo council which was to appoint Keolis as the new delegatee on Monday 26, the parties found themselves at the administrative court of Nîmes this Tuesday, March 5 in the morning.

For Transdev, the current delegatee, Maître Hervé Letellier developed the arguments aimed at convincing the summary judge to cancel the competitive bidding procedure on the delegation of public urban transport services of the # 39;Agglomeration. He explained that between May and June 2023, Transdev wrote twice to Nîmes métropole to explain that "the charging package of 44.1 million euros” annual advance by Nîmes métropole was "totally unsuitable for the service to be provided".

"The program document is not a specification"

Despite Transdev's reminder asking the Agglo to revise the envelope upwards, it would have confirmed this sum, according to Hervé Letellier. "Under these conditions, Transdev decided not to apply for the new DSP and asked that the conditions not change." However, in the end, notes the lawyer, the contract won by Keolis is approximately "10% higher than this fixed charge", at 48.3 million euros. Either a total amount of the contract at 314 M€. At the same time, "technical elements were modified", lightening the load (extension of the T5 line postponed, creation of an additional depot, withdrawal of the ' option bicycle"). With this modification of the specifications and the "load package", "the metropolis has changed the rules of the game", insists Me Letellier.  

For the defender of Nîmes métropole, Me Aymeric Hourcabie, the reading is not at all the same. The sum of 44.1 M€ was an "estimate", not a set figure. As for the "program document, it's not a specification (…) Not only was Transdev not deterred, but on the contrary was encouraged to respond to the call for tenders. Transdev therefore voluntarily declined to participate. His appeal is therefore not admissible."

Keolis lawyer Jonathan Benzakki goes even further. According to him, Transdev "rewrites history (…) Transdev would have been prevented from applying ? This is totally false! It is enough to reread the response letter from Nîmes métropole which encouraged participation in the competitive bidding procedure (…) It is clearly specified that the value is estimated and not imperative ". He adds that in "comparable calls for tenders, Transdev did not hesitate to submit an offer with much higher values" to what was initially planned. 

After the speeches of the opponents, the matter was put under advisement. Response before the weekend. If the affair turns to its advantage, the Agglo has planned a new deliberation for March 25.

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