Säännöllisen Lentoliikenteen Harjoittaminen
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THE GOVERNMENT OF ÅLAND (Ålands landskapsregering) Invitation to tender for the operation of scheduled air services on the Mariehamn Stockholm/Arlanda route from 29.2.2016 to 31.12.2020; ÅLR 2015/7649/24.06.2015 Official Journal XX.X.2015 (2015/C XXX/XX) AX-MAriehamn: Operating scheduled air services INVITATION TO TENDER 1. Introduction Pursuant to Article 16(1) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community, the Finnish Government (The Government of Åland) has decided to impose a public service obligation for scheduled air services on the Mariehamn–Stockholm/Arlanda route. The obligation is imposed on scheduled air services from Mariehamn to Stockholm/Arlanda from 1 March 2016 to 29 February 2020. 2. Purpose of the invitation to tender The purpose of the invitation to tender is to purchase scheduled air services between the City of Mariehamn and Stockholm/Arlanda in 2016 – 2020. The Government of Åland act as buyer of the services. The services must be operated with a plane with at least 30 seats. The operation of scheduled air services on the Mariehamn - Stockholm route from 1 March 2016 to 29 February 2020, excluding the dates (holidays etc.) noted as an example of the ongoing year 2015 (see separate table Annex 6 “Flights and Rotations”). There will be two (2) return flights (rotations) from Monday to Friday, as well as one (1) rotation on Sunday during the whole traffic period. There are no flights on Saturdays. Operation terminates 29 February 2020. There are 4 592 flights in total, the number of return flights, i.e. rotations, is 2 296. 3. Participating in the tendering procedure All service providers, with an operating licence granted by a competent licensing authority of a Member State in accordance with (EC) No 1008/2008 Article 3 of the European Parliament and of the Council and an air operator certificate in accordance with Article 6, are eligible to tender. 2 4. Tendering procedure The tendering procedure will be conducted in accordance with Article 17 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council. The buyer may reject all bids if the price level is too high or if circumstances or the requirements for organising the service change significantly before the obligation comes into effect, in such a way as to make it unfeasible or impossible to implement the planned service in the way described in the invitation to tender. Until a contract is signed, the buyer will retain the right to defer the start date of the planned service. Deferral of the start date does not impact the length of the scheduling season or the term of the contract. In the tender, the tenderer must provide an email address, which is used by the client to inform the tenderer about decisions concerning procurements and to stay in contact on other matters. 5. Tender documents A full set of tender documents including the invitation to tender, tender conditions, terms of contract, the public service obligation and tender forms, can be obtained on the Internet by accessing the following address: www.regeringen.ax/upphandlingar or by emailing: [email protected] Note: Bids may be sent only by post to the address: Ålands landskapsregering P.O.B. 1060 AX-22111 Mariehamn ÅLAND/FINLAND 6. Financial compensation Bids must clearly specify, in euros, the amount of compensation required for the operation of the air service in question. The amount of compensation 3 required should be based on an estimate of actual costs and revenue, taking into account the minimum requirements imposed by the public service obligation. The compensation may cover only the actual operation of air services and costs incurred at Mariehamn and Stockholm/Arlanda airports in connection with the operation of these routes alone. The amount of compensation does not include costs incurred on other routes or at other airports. The compensation may not exceed the amount required to cover the net costs incurred in discharging each public service obligation, taking into account the revenue relating thereto kept by the air carrier and a reasonable profit. All compensations and costs must be specified in euros. 7. Ticket prices A breakdown of ticket prices, the conditions of validity of tickets and the various types of tickets included in the price system shall be specified in the bid. The prices must be in keeping with the public service obligation imposed on this route. 8. Selection criteria The selection will be made from among the bids that meet the requirements set out in the invitation to tender and the tender documents. In the selection, account will be taken of the criteria referred to in Article 17(7 and 8) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council. 9. Period of validity of the contract The contract is valid from the signing of the contract until 29 February 2020. The scheduling season runs from 1 March 2016 to 29 February 2020. 10. Amendment or termination of the contract The contract may be amended only if the amendments will not lead to a situation in which the requirements of the public service obligation will no longer be met on this route. Any amendments regarding the contract must be made in writing. Both parties to the contract have the right to terminate the contract if there is a valid reason stated in the terms of contract. If the winning tenderer abandons the service or does not commence it, the winning tenderer is obligated to pay The Government of Åland a contractual penalty, the obligation to pay of which is laid down in more detail in section 14 4 of the document "Tender conditions". 11. Consequences in the event of failure to comply with the contract: The air carrier is responsible for meeting the obligations set out in the contract. If the air carrier fails to meet the obligations in the contract or if they have been performed inadequately, the buyer may reduce the amount of compensation. 12. Deadline for submission of bids and the language of the bid Bids must be submitted within 61 days of when an information notice regarding the invitation to tender, that is in accordance with the regulations regarding common rules for the operation of air services in the community stated in Article 17(5) of (EC) No 1008/2008 of the European Parliament and of the Council, has been published in the Official Journal of the European Union, excluding the publishing date. The bid and annexes thereto must be submitted in Swedish or English. The documents relating to the invitation to tender have been drawn up only in English. The English documents are dominant but all the matters are dealt in Swedish and the Swedish language is thereby dominant. The tenderer must deliver reports asked for by The Government of Åland in Swedish or English. If demanded by The Government of Åland, the tenderer must deliver the reports asked for by The Government of Åland as both the original and translated into Swedish. In this case the translations must be, if The Government of Åland so requires, translated by a sworn translator and documents granted by foreign officials must also be duly legalized. 13. Questions and requests for additional information regarding the invitation to tender Tenderers may ask The Government of Åland questions regarding the invitation to tender within 51 days of when an information notice regarding the invitation to tender, that is in accordance with the regulations regarding common rules for the operation of air services in the community stated in Article 17(5) of (EC) No 1008/2008 of the European Parliament and of the Council, has been published in the Official Journal of the European Union, excluding the publishing date. 14. Publicity of tenders Pursuant to the law on openness of government activities (621/1999), bids submitted to The Government of Åland for this invitation to tender are, as a 5 rule, public documents. If the tenderer finds that the bid includes business or trade secrets, the tenderer must clearly mark such information in the bid. The bid as a whole can not be kept confidential. The total price used as criteria for selection in the invitation to tender can also not be kept confidential. 15. Submission of bids Bids must be at The Government of Åland by the date specified in section 12 by 4:00 p.m., at the latest. Envelopes may have the following reference: ” Anbud: Mariehamn – Stockholm/Arlanda flygtrafik 1.3.2016 - 29.2.2020, ÅLR 2015/7649/24.06.2015 ”. Bids may be sent by post to the address given in section 5 or be delivered in person to the registry of : The Government of Åland (Ålands landskapsregering) Självstyrelsegården Strandgatan 37 AX-22100 Mariehamn ÅLAND/FINLAND The registry is open from Monday to Friday from 8:00 a.m. to 4:00 p.m. The price of the bid must be disclosed in a separate sealed envelope marked with the name of the tenderer. The bid must remain valid as a binding contract until 20 April 2016. 16. Validity period of the invitation to tender If an air carrier has, within 60 days of the publishing of the invitation to tender in the Official Journal of the European Union, notified of its intention to begin operating scheduled long-term air services on the route between Stockholm and Mariehamn, either as non-stop flights or via an intermediate stop-over point between the airports, in compliance with the public service obligation The Government of Åland must suspend the tendering procedure (cf.