Richard Bruton (Dublin North Central, Fine Gael)
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Question 376: To ask the Minister for Justice, Equality and Law Reform the basis on which a company, to operate repatriation flights, was selected; if the successful company was that which offered the cheapest tender price; and if not, the grounds for deviating from the most competitive offer. [23394/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I assume the question refers to the framework tender competition conducted by my Department in January 2005, the purpose of which was to procure suitable service providers to carry out future repatriation charter flights in respect of the removal of persons who are illegally residing in the State. The competition was conducted in accordance with national and European Union procurement procedures and was widely advertised at the time, including in the Official Journal of the European Union.

The tender was not an invitation to supply specific flights at predetermined prices. Rather, it was a specification based competition, which sought to identify suitably qualified service providers based on certain competencies which my Department and the Garda national immigration bureau identified and considered essential for this type of operation. The tender was awarded on the basis of the tendering parties reaching or exceeding those specifications. In this regard, there was no deviation from the award criteria set out in the tender request.

The specification sought service providers with the ability to act as principal in any contract and add value to the process by bringing about risk reduction through the provision of adequate operational support, aircraft safety certification, guarantees secured against the assets of the company on replacement aircraft in case of technical or financial failure and appropriate insurance cover, including calamity insurance, etc. These are all requirements considered essential by the Department for the safe, effective and secure operation of such flights, taking account of the need to reduce the State's exposure to claims arising from identifiable risks where these can be eliminated or reduced through appropriate risk management measures and insurance cover. It is not, therefore, a question of the cheapest price but of achieving value for money by meeting these essential standards and having regard to the price offered.

The company appointed following a detailed examination of the tenders received is a large UK based service provider, Air Partner PLC, with considerable experience and expertise in this type of work. As flights are required, the company is contacted for quotes for suitable aircraft and support services for a specific operation on a particular date. The company normally provides a range of options and the cheapest is usually accepted having regard to the suitability of the aircraft offered and other criteria such as the cancellation-postponement terms attaching.