Public procurement notice: Contract Award Notice
Published: 2020-06-03
Buyer: Department for Transport
Country: UK
Contract type: Services
Procedure: Negotiated without a prior call for competition
CPV classification: 60410000: Scheduled air transport services
Estimated value: 1152156 GBP
Award criteria: Lowest price

Technical requirements: Service Contract in Relation to Essential Aviation Services Between Belfast City Airport and London Heathrow Airport
This is a contract to make available and preserve in the short term the continuation of essential air passenger services between Northern Ireland and Great Britain.
The Department for Transport (the ‘Authority’) has awarded a services contract to Aer Lingus Ltd for the supply of the minimum service levels necessary for providing essential transport services for key workers, access to healthcare services, and repatriation for citizens returning from overseas. The value payable will depend on the actual revenues from the services provided by the contractor and the minimum service level required by the UK Government. Contract is operational from 30 April 2020.
The impact of the Covid-19 crisis presents genuine reasons for the extreme urgency. One negative consequence of Covid-19 is disruption of the normal operation of air services. The last remaining commercial passenger route between Belfast (Belfast City Airport) and London Heathrow is at imminent risk of being discontinued. This air bridge is critical for connectivity, providing essential transport services for key workers, access to healthcare services, and repatriation for citizens returning from overseas. Any interruption to this service would therefore have serious consequences.
The timing and impact of the Covid-19 crisis, in particular its unprecedented scale and effect on all aspects of social and economic activity within the UK and abroad, was unforeseeable. The UK Government enforced measures and restrictions on travel at short notice on 23 March 2020 and the different, interdependent risks now facing the aviation sector, the pace at which they manifested themselves, and their potential overall impact, could not have been predicted and the situation is not attributable to the Authority.
The timescales for a public procurement, even if expedited, are incompatible with the urgent need to act swiftly to maintain services on this route. The UK Government has sought to respond rapidly to identify and mitigate risks and to maintain the essential air transport services, but could not have commenced immediate procurement activities without first considering a range of alternatives. Given the extreme urgency, this procurement is therefore carried out under Regulation 32(2)(c) of the Public Contracts Regulation 2015.
Regulation 32(2)(b) of the Public Contract Regulations 2015 also applies, as competition is absent for technical reasons: since all other commercial passenger services have already ceased flying between Belfast and London, there was insufficient time to identify an appropriate model and commence a competition for the award of contract under the usual public procurement timescales.
A direct award under Reg.32(2)(c) of the Public Contract Regulations 2015 (which transposed Article 32(2)(c) of Directive 2014/24/EU) is being used in the short term to cover the current situation.
Service Contract in Relation to Essential Aviation Services Between Belfast City Airport and London Heathrow Airport
Review procedures are as set out in the Public Contracts Regulations 2015. Proceedings under the Public Contracts Regulations 2015 are time limited and any such proceedings must be brought in the High Court of England and Wales.


Winner: Aer Lingus Ltd
Award value: 1152156
Number of bids: 1