# C_2006186EN.01001701.xml

| 9.8.2006 | EN | Official Journal of the European Union | C 186/17 |
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9.8.2006

EN

Official Journal of the European Union

C 186/17

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UK-Edinburgh: Operation of scheduled air services

Invitation to tender issued by the United Kingdom under Article 4(1)(d) Council Regulation (EEC) No 2408/92 in respect of the operation of scheduled air services between Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra (Glasgow Airport means Glasgow International Airport) (Scotland) (2006/C 186 and S 150 of 9.6.2006)

(2006/C 186/12)

(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 public service obligations (PSOs) in respect of scheduled air services operated between Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra. The standards required by these public service obligations were published in the Official Journal of the European Communities No C 387/06 and No C 387/07 of 21.12.1996, as modified in the Official Journal of the European Communities/Union No C 355/03 and No C 355/04 of 8.12.1999, No C 310/07 and No C 310/08 of 13.12.2002, No C 278/05 and No C 278/06 of 19.11.2003, No C 321/06 and No C 321/05 of 16.12.2005 and No C 186 and S 150 of 9.6.2006.

Official Journal of the European Communities

Official Journal of the European Communities/Union

If, by 1 January 2006, no air carrier has commenced or is about to commence scheduled air services between Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra in accordance with the PSOs 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 continue to limit access to these routes to a single air carrier and to offer the right to operate such services from 1 January 2007 by public tender.

2.   Object of Invitation to Tender: Operation from 1 January 2007 of scheduled air services between Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra in accordance with the public service obligations imposed on these routes and published in the Official Journal of the European Communities No C 387/06 and No C 387/07 of 21.12.1996, as modified in the Official Journal of the European Communities/Union No C 355/03 and No C 355/04 of 8.12.1999, No C 310/07 and No C 310/08 of 13.12.2002, No C 278/05 and No C 278/06 of 19.11.2003 and No C 321/06 and No C 321/05 of 16.12.2005 and No C 186 and S 150 of 9.6.2006.

Official Journal of the European Communities

Official Journal of the European Communities/Union

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 services 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, specifications, conditions of contract/schedule to the conditions of contract, as well as the text of the original public service obligations published in the Official Journal of the European Communities No C 387/06 and No C 387/07 of 21.12.1996, as modified in the Official Journal of the European Communities/Union No C 355/03 and No C 355/04 of 8.12.1999, No C 310/07 and No C 310/08 of 13.12.2002, No C 278/05 and No C 278/06 of 19.11.2003, no C 321/06 and No C 321/05 of 16.12.2005 and No C 186and S 150 of 9.6.2006, may be obtained free of charge from the Awarding Authority as follows:

Official Journal of the European Communities

Official Journal of the European Communities/Union

Scottish Executive, Enterprise, Transport and Lifelong Learning Department (ETLLD), Aviation, Ports and International Division, Victoria Quay, — Edinburgh EH6 6QQ. Tél. (44-131) 244 08 54. Fax (44-131) 244 08 71. (Contact: Grace McGuire, Scottish Executive, ETLLD — Aviation, Ports and International Division).

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 services described. The Awarding Authority reserves the right to solicit further information about any applicant's financial and technical resources and abilities.

The right to operate the Glasgow-Campbeltown, Glasgow-Tiree and Glasgow-Barra services is being offered on the basis that they may be grouped together into one contract, or tenders may be made to operate any one of the services or any combination of 2 of the services. Accordingly, the Awarding Authority reserves the right to exercise discretion in accepting bids which are to provide one service only or 2 services only (in whatever combination) and tenderers should provide separate costings for each bid permutation. However, tenderers should note that the Awarding Authority may also accept single bids for the provision of all 3 services, and should provide costings for such a bid. Bids, whether separate or combined, will be evaluated according to which bid(s) is/are the most economically advantageous and will secure the operation of each of the 3 services for the duration of their respective specified tender periods. Tenders should be priced in Sterling and all supporting documents must be in English. The contract(s) shall be considered as contract(s) made under Scottish Law and subject to the exclusive jurisdiction of the Scottish courts.

6.   Financial Compensation: Tenders submitted should indicate the amount required by way of grant for operating the services from the scheduled starting date to 31 March 2009 (with an analysis to each year). For the avoidance of doubt, tenders submitted which involve the provision of services between Glasgow-Campbeltown and/or Glasgow-Tiree and/or Glasgow-Barra should provide the amount required by way of grant for operating the services. The grant should be calculated in accordance with the specifications. The maximum limit finally granted may be revised only in the event of an unforeseen change in the operating conditions.

The contract(s) will be awarded by the Scottish Ministers. All payments under the contract will be in sterling.

7.   Period of validity, amendment and termination of the contract(s): Contract(s) commencing 1 January 2007 will terminate on 31 March 2009. Any amendment or termination of the contract(s) will be in accordance with the conditions of contract(s). Variations in the services will be permitted only with the agreement of the Awarding Authority.

8.   Penalties in the event of the carrier failing to comply with the contract(s): In the event of the carrier failing to operate a flight for any reason then, subject as aftermentioned, the Scottish Ministers may reduce the grant on a pro rata basis for each occasion on which a flight is not operated provided that the Scottish Ministers 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/tidal conditions;

closure of the airports;

security reasons;

strikes;

reasons of safety

An explanation from the carrier(s) for such non-operation is also required in accordance with the conditions of contract(s).

9.   Deadline for submission of bids: 1 month after the date of publication of this notice.

10.   Application procedure: Tenders must be sent to the address at 5 above. Persons admitted to open tenders are designated staff from the Scottish Executive's Enterprise, Transport and Lifelong Learning Department and Procurement and Commercial Services Division at the Scottish Executive.

11.   Validity of invitations 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 December 2006, a programme for operating the routes in question from 1 January 2007 or before that date, in accordance with the PSOs imposed, as amended, without receiving any subsidy.

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