Bristow Ireland says it won’t comment on a new legal challenge pursued by CHC Ireland over the new Irish Coast Guard search and rescue (SAR) helicopter contract.
As The Irish Independent reports, CHC Ireland claims that there has been a “modification” of the contract awarded to Bristow Ireland, which is due to be implemented in the coming year.
The fresh challenge, which may come before court later this month, claims that the minister failed to conduct a new procurement procedure for the modified contract.
Details of the latest challenge reported in The Irish Independent says modifications differ materially from the contract that was awarded to Bristow last year.
CHC Ireland, the current holder of the SAR contract, claims that Bristow does not have to build a new hangar in Shannon airport as proposed in the original tender, and that staff were told this in a meeting on February 20th last.
CHC also claims the modifications mean Bristow is no longer required to operate the service from Shannon airport as of October 31st next.
It also claims Bristow is no longer required to complete the appropriate transfer of personnel who are currently employed by CHC under EU “transfer of undertakings” obligations.
CHC Ireland claims these modifications are highly material and would have a bearing on price and would undermine scores awarded in the tender process.
The new proceedings have been admitted to the Commercial Court, and Bristow has been joined as a notice party in the proceedings.
Last year, Minister for Transport Eamon Ryan awarded the new ten-year contract valued at 670 million euro excluding VAT to Bristow Ireland.
The transport department said that under the new contract, Bristow Ireland Ltd would operate six AW189 helicopters from four dedicated bases in Sligo, Shannon, Waterford and Dublin.
The new contract which is due to be fully operational by 2025 includes providing for two King Air fixed wing aircraft at Shannon, for five years- allowing for the possibility that the Air Corps, Ireland’s air defence wing, may then assume responsibility for the fixed wing element.
CHC Ireland issued legal proceedings last year over “a number of flaws” in relation to the tender competition, and these proceedings are still in train.
Asked for a comment on the new challenge, a spokesperson for Bristow Ireland said “regarding the recent announcement about legal action, we don’t comment on ongoing litigation matters”.
“We are confident in our world-class service and being selected to provide this critical life-saving service on behalf of the Irish Coast Guard,” the Bristow Ireland spokesperson said.
Asked to comment about the claims in relation to a hangar at Shannon, the spokesperson said: “Bristow has a robust transition plan in place”.
“ We are in the early phases of the plan. We have not provided specific details about those plans publicly,”the spokesperson said.
“ I can say we are in regular communication with all the airports selected as part of our winning bid to deliver aviation services to the Irish Coast Guard. We’ll provide updates and progress toward the transition when necessary and appropriate throughout the process,”the spokesperson said.
Read The Irish Independent here