UK-Lochgilphead: operation of scheduled air services

Invitation to tender issued by the United Kingdom under Article 4(l)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of the scheduled air services between Oban and Coll, Oban and Colonsay, Oban and Tiree, Coll and Tiree

(Text with EEA relevance)

(2007/C 48/04)

1.   Introduction: In pursuance of Article 4(1)(a) of Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the United Kingdom has imposed public service obligations (PSOs) in respect of scheduled air services operated between Oban and the islands of Coll, Colonsay and Tiree. The standards required by the PSOs were published in the Official Journal of the European Communities C 47 of 1 March 2007.

In so far as by 1 July 2007 no air carrier has commenced or is about to commence scheduled air services between Oban and the islands of Coll, Colonsay and Tiree in accordance with the PSOs imposed and without requesting financial compensation, the United Kingdom has decided, in accordance with procedures laid down in Article 4(1)(d) of the above-mentioned Regulation, to limit access to these routes to a single air carrier and to offer the right to operate such services from 1 August 2007 by public tender.

The contract shall be awarded by Argyll and Bute Council; hereinafter referred to as the ‘Awarding Authority’.

2.   Object of invitation to tender: Operation from 1 August 2007 of scheduled air services between Oban and the islands of Coll, Colonsay and Tiree in accordance with the PSOs imposed on the routes. The PSOs were published in the Official Journal of the European Communities C 47 of 1.3.2007.

3.   Participation: Participation is open to all air carriers holding a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 on 23 July 1992 on licensing of air carriers. The services will operate under the United Kingdom Civil Aviation Authority (CAA) regulatory regime.

4.   Tender Procedure: This invitation to tender is subject to the provisions of Article 4(1) (d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92.

5.   Tender Dossier/Qualifications, etc.: The complete tender documentation, including form of tender, specifications, conditions of contract and schedule to the conditions of contract, as well as the text of the PSOs published in the Official Journal of the European Communities C 47 of 1.3.2007, may be obtained free of charge from the Awarding Authority as follows:

Argyll and Bute Council, Council Offices, Kilmory, Lochgilphead, PA31 8RT, Argyll, United Kingdom. Telephone: 0044 1546 604652. Facsimile: 0044 1546 606618 (Contact: Mike Moffat, Operational Services, Manse Brae, Lochgilphead PA31 8RD, Argyll, United Kingdom).

Airlines will be required to include in their tender documents, evidence of their financial standing (an annual report and audited accounts for the past 3 years must be provided and must include turnover and pre-tax profit for the past 3 years), previous experience and technical capability to provide the services described. Additionally, airlines will be required to demonstrate their competence in health and safety to the satisfaction of the Awarding Authority's Health and Safety Manager. The Awarding Authority reserves the right to solicit further information about any applicant's financial and technical resources and abilities, including the existence of an AOC and evidence of satisfactory financial fitness.

The right to operate the Oban to Coll, Colonsay and Tiree services is being offered on the basis that they will be grouped together into 1 contract.

Tenders should be priced in sterling and all supporting documents must be in English. The contract will be considered as a contract made under Scottish Law and subject to the exclusive jurisdiction of the Scottish courts.

6.   Financial compensation: The tenders submitted should indicate the amount required by way of grant for operating the services for 8 months from the scheduled starting date and for the following 2 financial years i.e. 2008-09 and 2009-10. The grant should be calculated in accordance with the specifications. The maximum limit finally granted may be revised only in the event of an unforeseen change in the operating conditions.

The contract will be awarded by Argyll and Bute Council. All payments under the contract will be in sterling.

7.   Period of validity, amendment and termination of the contract: A 32-month contract for the services will commence on 1 August 2007 and will terminate on 31 March 2010. Any amendment or termination of the contract will be in accordance with the conditions of contract. Variations in the services will be permitted only with the agreement of the Awarding Authority.

8.   Penalties in the event of the carrier failing to comply with the contract: In the event of the carrier failing to operate a flight for any reason then, subject as aftermentioned, the Awarding Authority may reduce the grant on a pro rata basis for each occasion on which a flight is not operated provided that the Awarding Authority shall not make any such reduction in the grant where the failure to operate the flights is as a consequence of any of the following, and the appropriate occurrence has not arisen as a consequence of the acts or omissions of the carrier

weather;

closure of the airports;

security reasons;

strikes;

reasons of safety.

An explanation from the carrier for such non-operation is also required in accordance with the conditions of contract.

9.   Deadline for submission of bids: 1 month after the date of publication of this notice.

10.   Application procedure: Tenders must be sent to the following address in a sealed envelope with the tender documentation sealed in the tender envelope provided:

Director of Corporate Services, Argyll and Bute Council, Council Offices, Kilmory, Lochgilphead PA31 8RT, Argyll, Scotland, United Kingdom.

Persons permitted to open tenders are designated staff from the Awarding Authority.

11.   Validity of invitation to tender: In accordance with Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that no Community air carrier presents, by 1 July 2007, a programme for operating the routes in question from 1 August 2007 or before that date, in accordance with the proposed PSOs without receiving subsidy. The Awarding Authority reserves the discretion to refuse to accept any tender if, on appropriate grounds, none is considered suitable for acceptance.