UK-Cardiff: operation of scheduled air service

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 a scheduled air service between Cardiff and RAF Valley, Anglesey

(2006/C 248/19)

(Text with EEA relevance)

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 a public service obligation (PSO) in respect of a scheduled air service operated between Cardiff and RAF Valley, Anglesey. The standards required by the public service obligation were published in the Official Journal of the European Union No C 240 of 5.10.2006.

If, by [1 month from the date of publication], no air carrier has commenced or is about to commence a scheduled air service between Cardiff and RAF Valley, Anglesey in accordance with the PSO 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 limit access to the route to a single air carrier and to offer the right to operate such a service from no earlier than 21 February 2007 by public tender.

The contract will be awarded by the National Assembly for Wales.

2.   Object of Invitation to Tender: Operation from no earlier than 21 February 2007 of a scheduled air service between Cardiff and RAF Valley, Anglesey in accordance with the public service obligation imposed on the route and published in the Official Journal of the European Union No C 240 of 5.10.2006.

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 service 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, specification, conditions of contract/schedule to the conditions of contract, as well as the text of the public service obligation published in the Official Journal of the European Union No C 240 of 5.10.2006, may be obtained free of charge from the National Assembly for Wales as follows:

Procurement Branch 6, Roads and Rail Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ, United Kingdom. Tel: (44-2) 920 82 62 86. Fax: (44-2) 920 82 62 33. (Contact: Richard Osborne, Procurement Unit, or email RNR6@Wales.gsi.gov.uk.)

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 service described. The National Assembly for Wales reserves the right to solicit further information about any applicant's financial and technical resources and abilities.

Tenders should be priced in Pounds Sterling and all supporting documents must be in English. The contract will be subject to the law of England and Wales.

6.   Financial Compensation: The tenders submitted should indicate the amount required by way of grant for operating the service for 3 years from the scheduled starting date (with an analysis for each year). The grant should be calculated in accordance with the specification. The maximum limit finally granted may be revised only in the event of an unforeseen change in the operating conditions.

All payments under the contract will be in Pounds Sterling.

7.   Period of validity, amendment and termination of the contract: A 3-year contract will commence no earlier than 21 February 2007. Any amendment or termination of the contract will be in accordance with the conditions of contract. Variations in the service will be permitted only with the agreement of the National Assembly for Wales.

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 National Assembly for Wales may reduce the grant on a pro rata basis for each occasion on which a flight is not operated provided that the National Assembly for Wales 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:

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.

The National Assembly for Wales reserves the right to early termination of the contract in the event of persistent or fundamental breaches.

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

10.   Application procedure: Tenders must be sent to the following address:

Head of Procurement, Procurement Branch 6, RNR Division, Room 2-045, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ, United Kingdom.

Persons admitted to open tenders are designated staff from the Procurement Branch of the Rail and New Roads Division in the National Assembly for Wales. Tenders shall be submitted in accordance with the procedure outlined in the documents sent to bidders.

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 month from the date of publication, a programme for operating the route in question from no earlier than February 2007 or before that date, in accordance with the PSO imposed, without receiving any subsidy. The National Assembly for Wales reserves the discretion to refuse to accept any tender if, on appropriate grounds, none is considered suitable for acceptance. Offers made for the undertaking of the service shall remain open for a minimum period of 3 months.