Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2020-08-19
Buyer: Maritime and Coastguard Agency
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 60651300
Estimated value: 1800000 GBP

Technical requirements: A tripartite agreement between the MCA, Oil Spill Response Ltd OSRL) and 2Excel Aviation for the MCA’s access to OSRL’s backup Boeing 727 fitted with TERSUS aerial dispersant spray system, when it is not required by OSRL or its members, to supplement the MCA’s existing 737 400 aerial spray capability. As a prerequisite to the tripartite agreement the MCA will become an associate member of OSRL.
The provision of an aerial dispersant spray service, in addition to the MCA's existing capability, with the ability to mobilise OSRL’s ‘backup’ Boeing 727 dispersant spray aircraft fitted with Tersus spray system when it is not required to fill in as the ‘primary’ aircraft by OSRL or its members.
The Maritime and Coastguard Agency’s aerial dispersant spray service is a key component of its oil spill response capability. This service is currently and will continue to be delivered by RVL Group using modified Boeing 737 400s, fitted with an oil dispersant spray system, until the end of the current contract term, prior to which a fair and open competition will take place for a replacement contracted provision. However, the Agency has an immediate requirement to increase its aerial spray delivery capacity within and up to the end of the current contract term on 31 January 2022.
The aerial dispersant spray service requires the use of an aircraft modified to carry an oil dispersant spray kit. The kit itself and the operator must hold approvals from the civil aviation authority to operate the modified aircraft with the kit and to carry and spray oil spill dispersant. The kit itself must also be proven to deliver the dispersant in a manner in which it will disperse oil. For any operator wishing to deliver such a service the process to manufacture the kit, modify an aircraft and gain the necessary approvals and evidence the safety of the kit, aircraft and operations will take many months. The aircraft must also be based in a location that enables rapid mobilisation to anywhere in the UK EEZ.
There are currently only two operators in the UK with the necessary approvals, kit and modified aircraft to deliver this service, the MCA’s current contractor, RVL Group and 2Excel and only the latter currently has spare capacity within its fleet.
It has become apparent that developing a new dispersant spray system will require a period of time which is longer than the limited time remaining prior to the re-tendering of the current aerial spray contract. Further, there is an immediate requirement to increase the MCA’s aerial spray capacity. As such, the MCA cannot increase its capacity within the time required by investing in a new aerial spray system but must increase its capacity by contracting with an operator with both an extant aerial dispersant spray capability and spare capacity in its fleet.
Use of the negotiated procedure without prior publication in line with Regulation 32 (2) (b) has been chosen as the most appropriate procurement route because 2Excel is the only operator with both the requisite UK and EU civil aviation licenses to deliver this service and the available capacity within a specially adapted fleet based in the UK, where the aircraft will be required to operate. In order to access the service from 2Excel, the MCA is required to become an associate member of OSRL and will enter into a further agreement with OSRL which sets out how MCA will be able to access such service and any restrictions around the same as a result of OSRL’s obligations to its wider membership.
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Winner: 2Excel Aviation
Award value: 1800000