DAC 128/22 DFI - Rathlin Island Ferry Service

CPV: Ferry transport 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

30 Jan 2023, 16:24 GMT

Last source update

30 Jan 2023, 16:24 GMT

Authority reference

DAC 128/22

FTS notice number

2023/S 000-002833

Classification (CPV)

Ferry transport services

Delivery area

Northern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-03a13a Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The value of this Direct Award Contract (DAC) at approximately £3,500,000 is above the threshold and therefore the Public Contracts Regulations 2015 (as amended) apply. There are derogations under the regulations to award a contract to a single supplier where the supplies or services can only be supplied by a particular supplier in cases of extreme urgency brought about by events unforeseen or attributable to the contracting authority, where the time limits for the open, restricted or competitive procedures with negotiation cannot be compiled with (regulation 32(2)(c)).

On the basis of the information presented, it may be possible to rely on a derogation in this case. The current contractor has advised they cannot continue to deliver the services.

The Rathlin Island Ferry Service is a critical service providing a lifeline service for the residents of Rathlin, therefore it must be replaced and have contingency arrangements in place as a matter of urgency. It is not an option to do nothing.

Given the urgency, a direct award is the only option available to the Department to ensure continuity of this lifeline service.

Nothing in the procurement regulatory frameworks can prevent the imposition or enforcement of measures necessary to protect public policy, public morality, public security, health, human and animal life, the preservation of plant life or other environmental measures, in particular with a view to sustainable development.

A minimum period of two years will be offered to a replacement contractor to provide economic incentive for them to take on the running of the service, which includes TUPE obligations. This would be the minimum time required to investigate whether the services should be brought in house or competitively retendered. The Department has build in an option to extend for a further period of 12 months to ensure contingency in place and sufficient time to go to market or insource, both of which options require careful consideration of the legal implications of TUPE.

After the contract is awarded, CPD are obliged to publish the award details on the CPD website and publish an Award Notice in Find a Tender Service.

• Dunaverty LTDAwarded supplierGB-COH: Dunaverty LTD Ballycastle, Northern Ireland

No document links were published on the notice.