Maritime and Coastguard Agency: : CONTRACT FOR THE PROVISION OF AN AERIAL DISPERSANT SPRAY SERVICE *Duplicated*

UK-Southampton: Anti-pollution ship services. *Duplicated*

Preliminary Questions
   This notice is published by:
   Directive 2014/24/EU

Section I: Contracting authority/entity

I.1) Name and addresses
       Maritime and Coastguard Agency
       Spring Place, 105 Commercial Road,, Southampton, SO15 1EG, United Kingdom
       Tel. +44 2038172328, Email: contracts@mcga.gov.uk
       Contact: Richard Skeats
       Main Address: https://www.gov.uk/government/organisations/maritime-and-coastguard-agency
       NUTS Code: UK

I.4) Type of the contracting authority (in the case of a notice published by a contracting authority)
      Body governed by public law

I.5) Main Activity (in the case of a notice published by a contracting authority)
      Other activity:


Section II: Object

II.1) Scope of the procurement
   
   II.1.1) Title: : CONTRACT FOR THE PROVISION OF AN AERIAL DISPERSANT SPRAY SERVICE.
      Reference number: Not Provided
      
   II.1.2) Main CPV code:
      60651300 - Anti-pollution ship services.
   
   II.1.3) Type of contract: SERVICES
   
   II.1.4) Short Description: A tripartite agreement between the MCA, Oil Spill Response Limited 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.
   
   II.1.6) Information about lots
      This contract is divided into lots: No

   II.1.7) Total value of the procurement (excluding VAT)
      Value: 1,800,000      
      Currency: GBP


II.2) Description

   II.2.2) Additional CPV codes:
      Not provided

   II.2.3) Place of performance:
      UK UNITED KINGDOM
   
   
   II.2.4) Description of the procurement:
    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.    
   
   II.2.5) Award criteria
   (Directive 2014/24/EU / Directive 2014/25/EU)
               
    Not provided       
      
      
   II.2.11) Information about options:
      Options:    No       
   
   II.2.13) Information about European Union funds:
      The procurement is related to a project and/or programme financed by European Union funds:    No

   II.2.14) Additional information:
    Not provided    
      
Section IV: Procedure

IV.1) Description
   
   IV.1.1) Type of procedure: Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below         
   
   IV.1.3) Information about framework agreement
         The procurement involves the establishment of a framework agreement: No    
   
   IV.1.8) Information about the Government Procurement Agreement (GPA)
         The procurement is covered by the Government Procurement Agreement:Yes
         
IV.2)Administrative Information

   IV.2.1) Previous publication concerning this procedure:
      Notice number in OJ S: Not provided       
   
Section V: Award Of Contract/Concession
      
Award of Contract/Concession No: 1
Contract No: 1   Lot Number: Not Provided    Title: CONTRACT FOR THE PROVISION OF AN AERIAL DISPERSANT SPRAY SERVICE

V.2) Award of contract/concession
      
      V.2.1) Date of contract award decision: 07/08/2020.
      
      V.2.2) Information about tenders
      The contract has been awarded to a group of economic operators:Yes .

      V.2.3) Name and address of the contractor/concessionaire, No. 1:
          2Excel Aviation, 05391365
       Tiger House, Sywell Aerodrome, Sywell, NN6 0BN, United Kingdom
       NUTS Code: UK
   The contractor/concessionaire will be an SME: Yes    
   
      V.2.3) Name and address of the contractor/concessionaire, No. 2:
          Oil Spill Response Limited, 01808594
       Lower William Street, Southampton, SO14 5QE, United Kingdom
       NUTS Code: UK
   The contractor/concessionaire will be an SME: No    
   
         
      V.2.4) Information on value of the contract/lot/concession:
         Initial estimated total value of the contract: Not Provided          
         Total value of the contract/lot/concession 1,800,000         
         Currency: GBP

      V.2.5) Information about subcontracting:
         The contract is likely to be subcontracted: No          


Section VI: Complementary Information

   VI.3) Additional Information:
      To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=516830462
GO-2020814-PRO-16951096 TKR-2020814-PRO-16951095   
   VI.4) Procedures for review
   
      VI.4.1) Review Body
          Maritime and Coastguard Agency
       Spring Place, Southampton, SO15 1EG, United Kingdom
       Tel. +44 2038172976
   
      V1.4.2) Body responsible for mediation procedures:
                Maritime and Coastguard Agency
       Spring Place, Southampton, SO15 1EG, United Kingdom
       Tel. +44 2038172976.

      VI.4.3) Review procedure
      Not Provided    
      
      VI.4.4) Service from which information about the review procedure may be obtained
          Maritime and Coastguard Agency
       Spring Place, Southampton, SO15 1EG, United Kingdom
       Tel. +44 2038172976
   
   VI.5) Date of dispatch of this notice: 14/08/2020


Annex D1 - General Procurement
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2014/24/EU


2. Other justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union

   The procurement falls outside the scope of application of the directive: Yes

3. Explanation

   Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is
   lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
   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.