AERIAL DISPERSANT SPRAY SERVICES

CPV: Rescue services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

12 Aug 2021, 22:45 BST

Last source update

22 Aug 2021, 22:45 BST

FTS notice number

2021/S 000-020559

Classification (CPV)

Rescue services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-02d43c Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Aerial dispersant application is a key component of the UK’s response to marine oil spills. The primary service is currently provided by RVL Aviation, the contract for which is due to expire on 31 January 2022, with supplementary aerial spray capacity provided under a Collaboration Agreement with 2Excel Aviation and Oil Spill Response Limited (OSRL), also due to expire on 31 January 2022.

MCA intends to run a competition to replace the services provided under the RVL Contract and the 2Excel Contract. MCA is in the process of reviewing its counter pollution resources to determine the future arrangements to be in place for the longer term. This review will not only encompass the capacity and type of countermeasures to be employed (dispersant, mechanical recovery etc.), but also the commercial arrangements to be used to source them, with the possibility of consolidating certain services. The review will conclude with a determination of the level and type of resource the MCA requires for its next generation counter pollution capability and the arrangements under which they will be contracted. Following this, the competition to replace the services provided under the RVL Contract and 2Excel Contract will take place.

This review has been delayed due in part to MCA’s intention to make the Aerial Dispersant Spray System it has developed for use in 737 400s under the RVL contract, for which MCA owns the intellectual property, available to non-incumbent bidders in any future spray procurement. The development and final approval of this system was itself delayed (although recently achieved) due to a combination of regulator interventions and the postponement of flight trials as a consequence of Covid-19. The entry of the 737-spray system into service and conformation of its suitability was required in order to inform the subsequent review of counter pollution resources. A further cause of the delay to the review of counter pollution resources was a delay, due to staff shortages caused by Covid-19, of the completion of the Oil Spill Risk Review, which was needed to help inform the review of resources.

As the review of resources has not yet been completed, and as the time required for any non-incumbent bidders to procure the necessary equipment, aircraft and trained crew as well as to gain the regulatory approval needed will be considerable, it will not be possible to replace the current services from 1 February 2022. It has become apparent that introducing a new dispersant spray service and system will require a period of time which is longer than the limited time remaining prior to the re-tendering of the RVL Contract. As such, the MCA cannot maintain its current aerial spray capacity within the time required by investing in a new aerial spray service and system but must instead maintain the current service levels in the interim by contracting with an operator with both an extant aerial dispersant spray capability and capacity in its fleet.

Consequently, there are currently only two operators in the UK with the necessary approvals, equipment and modified aircraft which can collectively deliver the capacity needed within the required timeframe: the MCA’s current contractors, RVL Group, and 2Excel. As such, the MCA considers that the use of negotiated procedure without prior publication is permitted under Regulation 32 (2) (b) (i) where Competition is absent for technical reasons given that RVL Group are the only operator with the regulatory approvals currently in place to operate the 737 400 aerial dispersant spray system.

The MCA does not consider that there are market participants other than the two incumbents who could stand up an aerial dispersant spray service within the required timeframe and maintain the current level of capacity the services collectively deliver. Currently, RVL and 2Excel/OSRL are the only suppliers with sufficient aircraft, spray equipment and crew not already committed to other customers.

• 2Excel & RVL GroupAwarded supplier Northampton and Derby, UK

No document links were published on the notice.