Operation of scheduled air services

Invitation to tender issued by the United Kingdom under Article 4(1)(d) of Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra (Scotland)

(Text with EEA relevance)

(2008/C 202/09)

1.   Introduction

In pursuance of Article 4(1)(a) of Council 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 Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra (1). The standards required by these public service obligations were published in the Official Journal of the European Communities C 387 of 21 December 1996, p. 6-7, as modified in the Official Journal of the European Communities/Union C 355 of 8 December 1999, p. 3-4, C 310 of 13 December 2002, p. 7-8, C 278 of 19 November 2003, p. 5-6, C 321 of 16 December 2005, p. 5-6, C 184 of 8 August 2006, p. 4, and C 201 of 7 August 2008, p. 2.

If, by 1 March 2009, no air carrier has commenced or is about to commence scheduled air services between Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra in accordance with the PSOs imposed and without requesting compensation, the United Kingdom has decided, in accordance with the procedure laid down in Article 4(1)(d) of the above-mentioned Regulation, to continue to limit access to these routes to a single air carrier and to offer the right to operate such services from 1 April 2009 by public tender.

2.   Object of invitation to tender

Operation from 1 April 2009 of scheduled air services between Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra in accordance with the public service obligations imposed on these routes and published in the Official Journal of the European Communities C 387 of 21 December 1996, p. 6-7, as modified in the Official Journal of the European Communities/Union C 355 of 8 December 1999, p. 3-4, C 310 of 13 December 2002, p. 7-8, C 278 of 19 November 2003, p. 5-6, C 321 of 16 December 2005, p. 5-6, C 184 of 8 August 2006, p. 4, and C 201 of 7 August 2008, p. 2.

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 of 23 July 1992 on licensing of air carriers. The services will operate under the 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/schedule to the conditions of contract, as well as the text of the original public service obligations published in the Official Journal of the European Communities C 387 of 21 December 1996, p. 6-7, as modified in the Official Journal of the European Communities/Union C 355 of 8 December 1999, p. 3-4, C 310 of 13 December 2002, p. 7-8, C 278 of 19 November 2003, p. 5-6, C 321 of 16 December 2005, p. 5-6, C 184 of 8 August 2006, p. 4, and C 201 of 7 August 2008, p. 2, may be obtained free of charge from the Awarding Authority as follows:

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, if these are available, 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. The Awarding Authority reserves the right to solicit further information about any applicant's financial and technical resources and abilities.

The right to operate the Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra services is being offered on the basis that all 3 services will be grouped together into one contract. Bids will be evaluated according to which bid is the most economically advantageous to secure the operation of all of the 3 services for the duration of the specified tender period. In addition to all applicants being able to demonstrate that specified aircraft can operate safely in and out of the relevant airports, tenderers must also have, when the tender is submitted, appropriate approval from the relevant regulatory authority for the operation of all aspects of the 3 routes. Tenders should be priced in Sterling and all supporting documents must be in English. The contract shall be considered as a contract made under Scottish Law and subject to the exclusive jurisdiction of the Scottish courts.

6.   Financial compensation

Tenders submitted should indicate the amount required by way of grant for operating the services from the scheduled starting date to 31 March 2012 (with an analysis to each year). For the avoidance of doubt, tenders submitted which involve the provision of services between Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra should provide the amount required by way of grant for operating all 3 services. 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 the Scottish Ministers. All payments under the contract will be in Sterling.

7.   Period of validity, amendment and termination of the contract

Contract commencing 1 April 2009 will terminate on 31 March 2012. A new Regulation of the European Parliament and of the Council on common rules for the operation of air transport services in the Community is expected to repeal and recast Council Regulations (EEC) No 2407/92, (EEC) No 2408/92 and (EEC) No 2409/92. The period of this contract will be extended to 31 March 2013 if that Regulation, if it is adopted and in force before 1 April 2009, so permits. 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 Scottish Ministers may reduce the grant on a pro rata basis for each occasion on which a flight is not operated provided that the Scottish Ministers shall not make any such reduction in the grant where the failure to operate the flight 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:

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 address at 5 above. Persons admitted to open tenders are designated staff from Aviation Policy Branch and the Scottish Procurement Directorate, both within the Scottish Government.

11.   Validity of invitations 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 March 2009, a programme for operating the routes in question from 1 April 2009 or before that date, in accordance with the PSOs imposed, as amended, without receiving any subsidy.

(1)  Glasgow Airport means Glasgow International Airport.