CZ-Ostrava: operation of scheduled air services

Operation of scheduled air services between CZ-Ostrava and UK-London (Luton), B-Brussels and NL-Amsterdam

Invitation to tender issued by the Czech Republic pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Ostrava (OSR) and London Luton (LTN), Brussels (BRU) and Amsterdam (AMS)

(2008/C 112/16)

1.   Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23.7.1992 on access for Community air carriers to intra-Community air routes, the Czech Republic has imposed public service obligations in respect of scheduled air services on the following routes:

Ostrava (OSR) - Amsterdam (AMS)

Ostrava (OSR) - Brussels (BRU)

Ostrava (OSR) - London Luton (LTN).

The standards required by the public service obligation are those published in the Official Journal of the European Union C 111 of 6.5.2008.

If by 28.7.2008 no air carrier has commenced or is about to commence operating these scheduled air services in accordance with the public service obligations imposed on each of the above-mentioned routes and without requesting financial compensation, the Czech Republic has decided, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned regulation, to limit access to each of these routes to one carrier only for 3 years and to offer the right to operate such services from 15.8.2008 pursuant to public tender.

Tenders may be submitted for 1 or more of the above routes. However, all tenders must be submitted separately for each of the above-mentioned routes. The tendering procedure is determined for each of the above-mentioned routes separately.

2.   Contracting authority:

3.   Main features of the contract: This is a public service delegation contract concluded between the carrier and the Moravian-Silesian Region of the Czech Republic for the operation of scheduled air services on the each of the above-mentioned routes in accordance with the public service obligations.

The delegate will receive revenue. The Moravian-Silesian Region of the Czech Republic will pay the delegate the negative difference between the service operating expenditure, including aviation taxes but excluding VAT on operating the service, and the commercial revenue, including aviation taxes but excluding VAT, received by the delegate. A maximum compensation limit is set for the revenue.

4.   Duration of the contract: The duration of the contract (public service delegation contract) is 3 years from 15.8.2008. After this period the situation will be reviewed.

5.   Participation in the invitation to tender: Participation is open to all air carriers holding a valid operating licence issued in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers.

6.   Tendering procedure: This invitation to tender is subject to Articles 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92 on access for Community air carriers to intra-Community air routes.

7.   Submission of tenders: The closing time and date for the submission of tenders for each of these tendering procedures will be (10:00) on the 31st day following the date of publication of this invitation to tender in the Official Journal of the European Union. Tenders must be sent by registered letter, or delivered by hand with receipt to the mail room of the Moravian-Silesian Region - Regional Authority (1 original and 2 copies, with 1 of the copies being in English), to the address mentioned in paragraph 2 in a closed and sealed envelope marked with the name of the relevant public contract (‘Selection of an air carrier for the operation of scheduled air services from Ostrava Leoš Janáček Airport to London - do not open’) or (‘Selection of an air carrier for the operation of scheduled air services from Ostrava Leoš Janáček Airport to Brussels - do not open’) or (‘Selection of an air carrier for the operation of scheduled air services from Ostrava Leoš Janáček Airport to Amsterdam - do not open’) and the address of the tenderer (a service provider which submits a tender during the tendering procedure). Tenders sent by fax or e-mail will not be accepted.

8.   Tender dossier: The complete tender dossier for each of these tendering procedures, including the invitation to tender for candidates interested in participating in the relevant tendering procedure, the conditions relating to the tendering procedure, the technical specifications, the terms of the contract and details regarding the imposition of the public service obligations, may be obtained free of charge from the contact person for the contracting authority:

Ing. Veronika Bordovská, Moravian-Silesian Region - Regional Authority, 28. října 117, CZ-702 18 Ostrava. Tel: +420 595 622 711. Fax: +420 595 622 960. E-mail: veronika.bordovska@kr-moravskoslezsky.cz. URL: www.kr-moravskoslezsky.cz.

Tender requirements: the tender must be written in Czech and accompanied by a translation into English. Where the language versions differ, the Czech version of the tender will be definitive.

Detailed information on the qualification requirements laid down by the contracting authority are included in the tender dossier, which can be accessed at the above-mentioned address. The tenderer must provide evidence to show that it has the requisite basic qualifications mentioned in the tender dossier in accordance with Act 137/2006 Coll. on public contracts, which was issued in the Czech Republic. The tender shall be valid up to and including 30.9.2008.

9.   Financial compensation: Tenders must explicitly state the amount of compensation (in Czech crowns CZK), including a breakdown by year, required for the operation of the route; such reimbursement will take into account the operating costs and revenues generated by the service. The actual amount of compensation to be paid will be determined retrospectively for each year of the contract period on the basis of the recorded income and expenditure for the air service. However, it will not exceed the amount stated in the tender for the contract period.

10.   Alteration or notice of termination of the contract: The tender will contain a draft contract signed by a person authorised to act on behalf of or for the tenderer which implies that the tenderer will be bound by the entire content of the tender throughout the course of the award period. Other documents required by the Moravian-Silesian Region, as the contracting authority, including certificates and information which provide evidence of the requisite qualifications in accordance with the tender dossier will constitute an essential part of the tender. Rules concerning amendment and termination of the contract, in particular to take account of unforeseeable changes: the contracting parties may withdraw from the contract on the grounds of a serious breach of the obligations arising from the contract, such as non-performance of public service obligations in accordance with the contract or non-fulfilment of other duties defined therein, with the exception of external reasons such as the weather, strikes or operational restrictions applied by airports. Further details are contained in the tender dossier.

11.   Failure to perform the contract/contractual penalties: The air carrier is responsible for the proper fulfilment of its contractual obligations. The air carrier must guarantee that it has the capacity to operate the service itself during the period covered by the contract.

In the event of failure to comply with, or incomplete performance of, the contractual obligations by the air carrier, the Moravian-Silesian Region of the Czech Republic will impose a fine. A fine may be imposed, for instance, for the loss of a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23.7.1992 on licensing of air carriers, the loss of an air carrier's certificate, a shortage of aeroplanes, failure to carry out the requisite duties or failure on the part of the air carrier to begin operations for reasons for which it is responsible. Further information is contained in the tender dossier.

12.   Validity of the invitation to tender: The validity of the invitation to tender for each of the above-mentioned routes is subject to the condition that no Community carrier presents a programme for operating the route in question in accordance with the public service obligations imposed and without receiving any financial compensation. The contracting authority may refuse to accept any tender if, on appropriate grounds, none is considered acceptable.

13.   Additional information: The contracting authority reserves the right to cancel the award procedure at any time prior to the signing of the contract for any of the routes in question. The contracting authority is authorised to provide additional information relating to the conditions of the tender.