Section one: Contracting authority
one.1) Name and addresses
Department for Infrastructure
10-18 Adelaide Street
Belfast
BT2 8GB
ssdadmin.cpd@finance-ni.gov.uk
Country
United Kingdom
Region code
UKN - Northern Ireland
Justification for not providing organisation identifier
Not on any register
Internet address(es)
Main address
https://www.infrastructure-ni.gov.uk/
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
DAC 128/22 DFI - Rathlin Island Ferry Service
Reference number
DAC 128/22
two.1.2) Main CPV code
- 60610000 - Ferry transport services
two.1.3) Type of contract
Services
two.1.4) Short description
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.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £3,500,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKN - Northern Ireland
two.2.4) Description of the procurement
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.
two.2.5) Award criteria
Quality criterion - Name: Capability and capacity / Weighting: 100
Price - Weighting: 0
two.2.11) Information about options
Options: Yes
Description of options
One option to extend for a period of one year
two.2.14) Additional information
The value at II.1.7 - is the maximum value, it is based on the best estimate available at time of publication.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
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.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract
Contract No
1
Title
DAC 128/22 - Rathlin Island Ferry Service
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
11 January 2023
five.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Dunaverty LTD
Ballycastle
Country
United Kingdom
NUTS code
- UKN - Northern Ireland
Companies House
Dunaverty LTD
The contractor is an SME
Yes
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £2,000,000
Total value of the contract/lot: £2,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
The UK has no such bodies
Belfast
Country
United Kingdom