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Clyde and Hebrides Ferry Services: Invitation To Tender

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SECTION 3
SERVICE SPECIFICATION

3.1 Introduction

3.1.1 This Section provides details of the outputs and core requirements for the CHFS Services (the Service Specification).

3.1.2 The requirements in this Service Specification deal with Minimum Standard together with the maximum fares which the Executive wishes to see incorporated into the tender for the CHFS Services. The Technical Submission should set out how the Tenderer intends to provide the CHFS Services so as to satisfy the requirements of the Executive. Tenderers should consider all requirements set out in this Service Specification.

3.1.3 The Operator will be responsible for ensuring that the Service Specification requirements are achieved in full.

3.2 Minimum Standard

3.2.1 The Minimum Standard is sub-divided into key requirements, further details of which are set out in the subsequent Sections of this Service Specification.

3.3 The Route Network

3.3.1 The geographical area of operations and the route network are shown in Figures. 1 and 2:

Figure 1 _ Area of Operations

Figure 1 _ Area of Operations

Figure 2 _ Existing Route Network in the Clyde and Hebrides

Figure 2 _ Existing Route Network in the Clyde and Hebrides

3.3.2 The Operator is required to provide ferry services on the routes listed in Annex 1 and, as a minimum, as specified in the timetables set out in the Information Room with the additional services set out in Section 3.3.3. Tenderers must include, as part of their Technical Submission, a clear statement ( Section 7) confirming that this requirement will be met and detailed proposals setting out how they intend to provide the required Ferry Services.

3.3.3 Certain ferry services are required in addition to those set out in the timetables in the Information Room. These are:

a) Kennacraig - Islay:

the Summer 2006 timetable shows one vessel serving this route from 31/03/06 - 18/05/06 and 26/09/06 - 21/10/06 and two vessels serving the route for the period 19/05/06 - 25/09/06. Tenderers are required to submit their Technical Submissions on the basis that two vessels will serve this route for the whole of each Summer season during the Contract Period;

b) Ardrossan - Brodick:

the Winter timetable for this route is to include an additional return sailing each day and Tenderers should submit their Technical Submissions on this basis;

c) Oban - Craignure:

the Winter timetable for this route is to include an additional return sailing on a Friday evening and Tenderers are to submit their Technical Submissions on this basis; and

d) Oban - Coll - Tiree:

the Winter timetable for this route is to include a round trip ie a sailing from Oban to Coll to Tiree to Oban every Sunday and Tenderers are to submit their Technical Submissions on this basis.

3.3.4 Unless otherwise specified all of the routes noted in Annex 1 are year round passenger/vehicle/loose freight and parcels services. A description of each route and annualised carrying statistics for each are provided in the Information Room.

3.3.5 In addition to the requirements in Sections 3.3.2 and 3.3.3, Tenderers are required to submit as part of their Tender Submissions a variant bid in respect of the following option:

a minimum of 1 return sailing per day between Lochboisdale and Mallaig which would replace the Oban - Lochboisdale service with fares to be agreed. The Oban - Castlebay service (together with the other CHFS Services would continue to be provided. The timetable is for Tenderers to consider but integration with bus and train services is a priority. Tenderers should provide details of the vessel which would be used for this route as well as full details of the estimated cost of providing this service and their fare proposals.

This variant bid should consist of the Technical Submission and a separate Costed Bid and should comply in full with the requirements set out in this ITT so as to enable a full and thorough evaluation of that variant bid to be made. If this variant bid is selected, Schedule Parts 3, 4 and possibly 5 of the PSC may require to be amended.

3.4 Vessels

3.4.1 The CMAL Fleet is listed in Annex 3 and fuller details are available in the Information Room. Tenderers wil note that this list includes the MV Argyle and the MV Loch Shira which although not currently in service on the CHFS Network are due to be delivered in spring 2007 and will therefore form part of the CMAL Fleet for the purposes of this procurement. The list also includes a vessel (as yet unnamed) intended to serve the Islay route which CMAL have been authorised to procure. This vessel is likely to be delivered in 2010. Details of the MV Argyle and MV Loch Shira are set out in the Information Room and details of the Islay vessel will be placed in the Information Room when available.

3.4.2 Tenderers are required to provide sufficient vessels to deliver the CHFS Services including fleet relief requirements for the duration of the Contract Period. There is no requirement for the Successful Tenderer to charter all of the CMAL Fleet, however the Successful Tenderer may not introduce any other vessels to assist in the provision of the CHFS Services unless it has first chartered all of the CMAL Fleet.

3.4.3 The Executive is of the view that the CMAL Fleet, at the point of contract award of PSC, will be suitable for the CHFS Network and fully safety compliant with all applicable regulations. The Information Room includes a detailed description of the fleet (age, class and capacity). Unless specified otherwise, all existing vessels are routinely equipped to carry passengers and vehicular traffic. As Tenderers will note, car/passenger capacity can alter depending on the passenger certificate allocated to the vessel for a specific route and season.

3.4.4 The PSC will require the Successful Tenderer to charter the CMAL Vessels, being those of the CMAL Fleet identified in its Tender Submission, for the duration of the Contract Period on the terms set out in the FCA. Technical Submissions should include a clear statement ( Section 7) confirming that the Tenderer accepts this requirement.

3.4.5A The Operator will be responsible for the operational management of the CMAL Vessels, including manning, repairs, running maintenance (including annual overhauls), insurance, etc., for the Contract Period. The FCA and Charterparties describe in full the rights and responsibilities of the parties and the survey and inspection arrangements. CMAL will have inspection rights throughout the Contract Period in accordance with the Charterparties. Condition surveys at commencement and expiry will be carried out by an independent surveyor acting on behalf of both CMAL and the Successful Tenderer. The Operator will be required to maintain the CMAL Vessels' condition throughout the Contract Period in accordance with good commercial maintenance practice and the specific requirements set out in the FCA and the Charterparties. These are described below.

3.4.5B The Operator will also be responsible for the operational management of all other vessels which it introduces and deploys in relation to the CHFS Services, including manning, repairs, running maintenance (including annual overhauls), insurance, etc., for the Contract Period. The Operator will be required to maintain the condition of those vessels throughout the Contract Period in accordance with good commercial maintenance practice.

3.4.6 Maintenance Requirements:

  • Standard maintenance requirements in respect of each CMAL Vessel as set out in the relevant Charterparty;
  • In respect of all CMAL Vessels, a vessel condition monitoring programme ( VCMP) must be implemented and complied with. A style is provided in Information Room and more details are set out in the FCA;
  • Carrying out of works required by class or by law - ( Class or Statutory Works) - the FCA delineates the responsibilities and the process to be followed where alterations are required due to changes in Classification or statutory requirements and CMAL will meet the cost of such Works in accordance with the terms of the FCA;
  • Refurbishment of public areas - ( Upgrades) - as set out in the FCA, the Operator is entitled to request and CMAL is entitled to require upgrades or refurbishments to CMAL Vessels with the intention of improving passenger facilities, provided that in the latter case CMAL pays for such Upgrades. These are to be carried out in accordance with a programme to be agreed between the Operator and CMAL and in accordance with the terms of the Upgrades Policy (as defined in the FCA), which seeks to preserve the tradition, standards, image and reputation of the CHFS Services and the CMAL Fleet.
  1. Tenderers are encouraged to be innovative in making flexible use of the CMAL Vessels and any introduced vessels in order most efficiently to serve the CHFS Network. It will be for Tenderers to decide how to deploy its fleet. However in doing so Tenderers must have regard to the carrying patterns and deploy the fleet to meet demand as far as possible. The Information Room provides information on how the CMAL Fleet is usually deployed. Tenderers should note that the CMAL Fleet is flagged on the UK Ship Register and any replacement CMAL Vessel procured by CMAL during the Contract Period will similarly be UK flagged. Tenderers should note that any new vessel introduced by the Operator on the CHFS Network will require to be flagged in the EU.

In determining which CMAL Vessels and any introduced vessels might best serve particular routes, the Operator will be required to ensure that the CMAL Vessel or introduced vessel selected is capable of providing at least the same service standard and scope of service as is currently provided. This includes capacity, facilities and reliability of service as set out elsewhere in this Service Specification. It will be the Operator's responsibility to ensure that the MCA approves the proposals for meeting this requirement and that all operational arrangements are in place to secure the safe delivery of this requirement.

Passenger Facilities

3.4.8 Facilities on board the CMAL Fleet vary according to the age, size and type of the vessels and also according to which routes each vessel currently serves. Details of available on-board facilities are provided in the Information Room. The Operator shall ensure that equivalent on-board facilities, restaurants, cafeterias, vending machines, etc., are available although there will be some flexibility in relation to the times these are made available and format of such services. The Technical Submission should include a statement ( Section 7) confirming that, if successful, the Tenderer will comply with this requirement and details setting out how the Tenderer would meet this requirement.

It is hoped that this flexibility will allow Tenderers the opportunity to be innovative in the way these services are delivered and improve services to customers. As a minimum, the Technical Submission should provide the services that are currently available on board (although Tenderers have freedom to decide how best to provide these). Tenderers must specify the services that will be available on board vessels and the shore facilities and to highlight where these differ (in terms of hours of availability and scope) from existing services as part of their Technical Submission.

Fleet Relief

3.4.9 The Operator will be required to provide for relief capacity to cover scheduled maintenance, dry dockings, unforeseen breakdowns and ensure continuity of service . It is the Operator's responsibility to provide all fleet relief for the duration of the PSC. Details of designated "relief vessels" ( Isle of Arran and Raasay) currently used to cover scheduled dry dockings and unscheduled stoppages are included in the Information Room and these will also be available for charter by the Successful Tenderer from CMAL. Tenderers will wish to note that it is current practice to maintain service levels not by using a relief vessel as a direct replacement but by adjusting the schedules of vessels on other routes or by cascading vessels throughout the CHFS Network in order to maximise carrying capacity and maintain continuity of service. However, in exceptional circumstances, Tenderers may find they require additional vessels and may temporarily charter from other providers if necessary to meet emergency and unforeseen pressures. Such vessels will be subject to the approval of the Executive.

3.4.10 It should be noted that, although the Isle of Arran is currently a designated "relief vessel", to meet capacity constraints it is deployed during the Summer timetable serving Islay. The timetables for Islay set out in the Information Room highlight the additional sailings which are provided by the Isle of Arran and explain that they are subject to withdrawal at short notice. These sailings are part of the Minimum Standard but this means that, if this practice is continued by the Successful Tenderer, then should the vessel used for these sailings be required to provide relief cover elsewhere in the CHFS Network these Islay additional Summer sailings can be cancelled without triggering deductions under the performance regime.

3.4.11 Tenderers must, as part of their Technical Submission, specify the arrangements made and response times for fleet relief. These arrangements should cover both periods of planned overhauls and periods during which vessels are unable to provide the service and unforeseen circumstances such as breakdowns or damage.

Total Loss

3.4.12 In the event of the total loss of a CMAL Vessel, CMAL will give notice within 90 business days whether it intends to charter, buy or have a replacement vessel built (see Clause 15 of the FCA) and the Operator will enter into a Charterparty in respect of that replacement vessel in accordance with Clause 14 of the FCA.

Use of Non- CMAL Fleet vessels to provide the CHFS Services

3.4.13 There will also be flexibility for Tenderers to propose bringing their own vessels (or vessels chartered from third parties) to provide elements of the Minimum Standard, subject to the requirements set out in Section 3.4.2. Tenderers will wish to note that where they intend to use non- CMAL Fleet vessels this will be subject to the approval of the Executive. All non- CMAL Fleet vessels that are used to provide the CHFS Services must be of at least the same standard as the CMAL Fleet. Technical Submissions should include a clear statement ( Section 7) confirming that the Tenderer accepts these requirements. Where Tenderers intend to bring their own vessels the Technical Submission should include full details of the proposed vessels and their proposed deployment.

3.4.14 Any non- CMAL Fleet vessels used by the Operator to provide the CHFS Services must be classed by a recognised organisation as defined in EU Directive 94/57/ EC (as amended) and authorised by the United Kingdom. Technical Submissions should contain a clear statement ( Section 7) confirming that this will be so.

3.4.15 The Operator may, of course, bring its own vessels to provide services over and above the Minimum Standard.

Use of CMAL Vessels outwith the CHFS Services

3.4.16 Technical Submissions must contain a clear statement ( Section 7) confirming that Tenderers accept that the CMAL Vessels will be deployed on the CHFS Network and that the terms of the charterparties do not contemplate them being used for any other purpose other than for undertaking the non-timetabled requirements set out at Annexes 4 and 5. Tenderers should note that the prior agreement of CMAL and the Executive will be required before such non-timetabled requirements may be undertaken, unless such consent has previously been received in respect of the relevant non-timetabled requirement.

New CMAL Vessels during the lifetime of the PSC

3.4.17 CMAL will be responsible for acquiring new vessels to serve the CHFS Network through a planned replacement programme. This may be done by way of entering into a shipbuilding contract, an agreement to purchase, or a charterparty, and the Operator will be bound to accept such new CMAL Vessels in accordance with the provisions of the FCA. Tenderers will see from Clause 11 of the FCA that is it contemplated that CMAL will discuss such proposed arrangements with the Operator. The subsidy will be adjusted, as set out in Clause 5 of the PSC, to take account of any variations in respect of new CMAL Vvessels which the Operator will be required to operate. Technical Submissions should include a clear statement ( Section 7) confirming that the Tenderer accepts these requirements.

Fuel

3.4.19 The majority of fuel for the CMAL Fleet is delivered by road tanker as and when required. There are fuel tanks situated at some of the Ports and Harbours which are presently available for use by CFL. Lube oil and fuel oil tanks are also situated at certain Harbours and are available for use by CFL. Further details are set out in the Information Room.

3.5 Harbour Services

3.5.1 The CMAL Fleet is supported throughout the CHFS Network by shore infrastructure adequate to deal with vessel operations, passenger handling and the loading, carriage and discharge of cars, loose freight and parcels, dangerous goods and livestock lorries. The CHFS Network operates from 50 Harbours and Ports consisting of a variety of piers and slipways, include linkspans, car marshalling areas, passenger facilities and other buildings. There are 24 Harbours where CMAL is the statutory harbour authority and 26 Ports where CMAL is not the statutory harbour authority. Annex 8 provides further details of these Harbours and Ports.

Use of Harbours

3.5.2 The Operator will be required to provide the Harbour Services. Access to the Harbours for the purpose of providing the relevant Harbour Services will be regulated by the Harbour Access and Operating Agreement. This will, inter alia, require the Operator to undertake all operational activities at the Harbours. Under the Property and Equipment Licence, the Operator will be given rights in respect of CMAL assets at Ports which will enable the Operator, subject to the matters mentioned in Section 3.5.3, to provide those of the Harbour Services to be provided at the Ports.

Ports

3.5.3 As stated above, some of the Ferry Services call at Ports where CMAL is not the statutory harbour authority. CFL currently provides certain services and carries out certain activites at some of the Ports. An indicative list of these services and activities is included in the Information Room. A Port Contract Template is included in Annex 10; it will be for Tenderers to negotiate, with each of the relevant harbour authorities, the detailed arrangements for the use of the Ports and the Port Facilities as well as any services to be provided by the Operator at the relevant Port. The Executive has emphasised to all relevant harbour authorities that all Tenderers should be treated equally and fairly but ultimately this is at the discretion of each harbour authority. As part of their Technical Submission, Tenderers must include a Port Contract Template in respect of each Port, which is to have been completed with and countersigned by the relevant harbour authority at each Port. This will confirm the agreements reached with non- CMAL harbour authorities and how functions at each of the Ports will be delineated and will incorporate by reference the terms and conditions of the relevant harbour authority.

3.5.4 Tenderers will need to assess what is necessary in terms of staffing to provide those elements of the CHFS Services required at the Ports and to make appropriate arrangements to provide (as part of this tender) such staff as necessary. Tenderers are referred to Section 2.5.21 in relation to the application of TUPE in assessing staffing requirements.

3.5.4A Personnel working at the Ports are in general employed by the relevant statutory harbour authority or other third party. Although some of these personnel may provide occasional services to CMAL in connection with the ferry and associated harbour services on the CHFS Network currently provided by CFL it is not contemplated that such personnel will transfer to the Successful Tenderer under TUPE. Where CFL or Caledonian Macbrayne HRUK Limited has employees based at any of the Ports these are listed in the employee information set out in the Information Room and it is likely that they will transfer under TUPE.

3.5.4 BThose employees engaged in shore based services at Harbours and who are employed by CFL or Caledonian Macbrayne HRUK Limited are likely to be in scope to transfer to the Successful Tenderer under TUPE on commencement of the PSC. The PSC and other Contracts contemplate the transfer of such employees.

3.5.5 As part of their Costed Bid, Tenderers will be required to confirm the details of the financial arrangements proposed with harbour authorities other than CMAL.

Harbours

3.5.6 Access to and use of the Harbours and Harbour Facilities on the CHFS Network that are owned by CMAL and currently operated by CFL will be regulated by the Harbour Agreement. This will include Gourock harbour where the Operator will provide Harbour Services notwithstanding that none of the CHFS Services will operate from Gourock harbour. The Technical Submission should include a statement ( Section 7) confirming that the Tenderer will enter into the Harbour Agreement with CMAL for the use of the Harbours and Harbour Facilities. The Technical Submission must set out in detail how the Tenderer intends to provide the required shore based activities as set out in Section 3.5.2 above at each Harbour.

3.5.7 The Operator will pay CMAL a harbour access fee (covering berthing and traffic dues) (the Harbour Access Fee) in consideration for CMAL granting the Operator the right to access and use each Harbour for the provision of the CHFS Services. The Harbour Access Fee is set out in the Harbour Agreement and is not dependent on the level of usage by the Operator.

3.5.8 The Operator will require to indemnify CMAL in the Harbour Agreement in relation to any employment liabilities which it may incur in providing the Harbour Services.

3.5.9 Overall responsibility for the ownership of Harbours and Harbour Facilities, including capital expenditure, will rest with CMAL. The Harbour Agreement will appoint the Operator to operate the harbours and fulfil CMAL's duties as statutory harbour authority for the duration of the PSC. The Operator will be required to carry out certain management and other functions for an agreed fee (the Harbour Operating and Maintenance Fee). Technical submissions should include a clear statement ( Section 7) confirming that the Tenderer accepts this requirement.

3.5.10 Tenderers will wish to note that they will be treated equally by CMAL and the Harbour Operating and Maintenance Fee will be the same for all Tenderers.

Harbours - Maintenance

3.5.11 Development of shore infrastructure is linked to procurement of CMAL Vessels (which is a CMAL responsibility). However, the Operator may be required to manage and/or commission some of this work under the terms of the Harbour Agreement. The Operator will be required to maintain the Harbour Facilities in a no worse condition than they were at the start of the contract. To achieve this day to day maintenance of the Harbour Facilities shall be undertaken by the Operator as part of the services performed under the Harbour Agreement. This is to be performed in accordance with an annual maintenance plan agreed with CMAL. However, Tenderers will also wish to note that, as set out in the Harbour Agreement, the Operator is entitled to request and CMAL is entitled to require improvements to the Harbour Facilities. These are to be carried out and costs allocated in accordance with a plan to be agreed between the Operator and CMAL. Detailed arrangements for maintenance, capital expenditure and revenue requirements in relation to Harbours are set out in the Harbour Agreement.

Harbours and Ports - Shore Facilities

3.5.12 The Operator shall ensure that, as a minimum, all Harbour Facilities including waiting rooms, reservation offices, cafeterias, etc. are available to users at the times currently provided and that the extent of such facilities is maintained to at least the existing level. The current provision is set out in the Information Room. The Technical Submission should include a statement confirming this and details setting out how the Tenderer, if successful, would meet this requirement.

3.5.13 The Successful Tenderer is not required to lease CMAL owned ticket offices, etc. but must provide equivalent facilities. The majority of CalMac's former headquarters at Gourock will also be available to the Successful Tenderer. Tenderers are responsible for discussing these issues with CMAL but there should be no presumption of availability of all facilities at Gourock.

3.5.14 Tenderers should note that CFL owns and leases certain assets in connection with the provision of the CHFS Services (including a ticket office in Inverness which is leased from Visit Scotland). A list of these assets is contained in the Information Room. Tenderers should list in their Technical Submission which if any of the assets they wish to utilise in the provision of the Approved Services.

3.5.15 Tenderers are encouraged to propose improvements and innovations in respect of passenger facilities e.g. baggage check-in and handling facilities at Ports and Harbours.

3.6 Provisions for Carriage

3.6.1 Tenderers must include, as part of their Technical Submission, detailed proposals setting out provisions for carriage of passengers, vehicles, unaccompanied vehicles, loose freight and parcels, livestock lorries and dangerous goods.

Passengers and Vehicles

3.6.2 Passenger, bicycle and vehicle services must be provided as now to meet the current carrying patterns and to meet the Successful Tenderer's forecast trends throughout the Contract Period.

Loose Freight and Parcels

3.6.3 The Operator is required to provide a loose freight and parcels service on all routes in the CHFS Network (other than as set out in Section 3.6.5). This service will permit the transportation of loose items such as small packages, newspapers, and perishable goods. Tenderers are encouraged to explore expansion of this loose freight and parcels service where possible to assist small businesses on remote islands.

Unaccompanied goods and vehicles

3.6.4 There is a night goods service on the Ullapool-Stornoway route which is not listed in the timetables and the Operator is required to continue to provide this service. This is a flexible service which accepts unaccompanied vehicles and goods as well as commercial vehicles. Tenderers will wish to note that this can lead to increases in turnaround times. The sailing times are usually adjusted in the run up to Christmas to accommodate the island salmon producers. Further details of this service are set out in Annex 4. The carriage of goods and unaccompanied vehicles on this route will continue to be part of the CHFS Services but Tenderers may make proposals as to how best to achieve this.

Livestock

3.6.5 On the CHFS Network all livestock is carried by prior arrangement only in purpose-built livestock lorries operated by specialist hauliers. Because livestock is carried in lorries which are part of the normal ro-ro traffic, total figures for numbers of animals carried are not available. However, the annual number of sailings per route which carried livestock from April 2002 to September 2006 can be found in the Information Room together with more detailed information on these carryings.

3.6.6 The Ferry Services must continue to include sufficient appropriate capacity for the carriage of livestock to at least the levels currently provided plus reasonable estimates of growth. The services must be available all year round and be able to cope with seasonal peaks in late summer. The Operator will be required to ensure that all appropriate regulations are complied with and that livestock, and vehicles containing meat or fish products, should be separated from passengers and passenger vehicles as far as practical. Tenderers will wish to note that EC Regulation 1/2005 (the EC Regulation) will replace Welfare of Animals (Transport) Order 1997 as from 5 January 2007. Whilst the bulk of the provisions are broadly the same the EC Regulation tightens up on the enforcement of animal transport (in connection with an economic activity) rules including the requirement for transporters to have individual authorisations (for journeys over 65km). There is no derogation from this requirement but provision is made for Member States to maintain existing derogations. Executive officials are considering how to take this forward but it will be for Tenderers to ensure that they comply with the regulation. For further information Tenderers can contact Iain.holt@scotland.gsi.gov.uk

Dangerous Goods

3.6.7 By the nature of the geography of the Highlands & Islands, the CHFS Network provides the main inward route for dangerous goods to the Islands and this is done by prior arrangement only. The Operator will be expected to continue to provide services for the carriage of dangerous goods as part of the service requirement to at least the levels currently provided plus reasonable estimates of growth. The Information Room gives details of the quantity and type of dangerous goods carried on each route in 2005. The goods carried vary in type and degree of hazard. Some commodities (petrol, calor gas) are in steady demand with seasonal peaks for others (eg. hay _ spring; fertilisers _ early summer). The Operator will be expected to ensure that suitable arrangements can be made for carrying at least the classes of dangerous goods mentioned in Annex 2. The Operator will be responsible for providing the current level of service delivery in respect of products, frequency and destination.

3.6.8 It is the responsibility of the Operator to make sure that the arrangements which are to be put in place for the carriage of dangerous goods meet the requirements of The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (as amended) and all other relevant legislation applicable to ships within UK Territorial waters. The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 made mandatory the International Maritime Organisation's ( IMO) recommendations for shipping dangerous goods. Details of all substances classified as a dangerous good can be found in the International Maritime Dangerous Goods ( IMDG) Code - the relevant current publication is ISBN No 92-801-5090-1.

3.6.9 Tenderers should be aware that the existing ferry and harbour services involve the carriage of dangerous goods under MCA exemptions, issued on acceptable equivalent arrangements for the safe carriage of these cargoes. It is likely that the current pattern of mixed services using ships with open car decks (rather than, for example, dedicated dangerous goods sailings) is the most effective means of securing economic services. However, while meeting all relevant legislative requirements to convey livestock lorries and dangerous goods safely, the Operator will not be required to adopt the same configuration of conveyance strategies as described here if more efficient solutions can be found. It will be the Operator's responsibility to ensure that all the services which currently carry livestock lorries, dangerous goods, parcels and unaccompanied vehicles continue to possess this capability and capacity. Tenderers should be aware that where an exemption is required they should submit proposals to the MCA for consideration at an early stage.

3.7 Timetables

3.7.1 The frequency and timing of timetables for the CHFS Network has evolved gradually and been shaped by historical operational conditions, annually agreed subsidy levels and ferry users' preferences.

3.7.2 The Executive recognises that specific timetable elements may require adjustment from time to time to meet the changing needs of users. In addition, service delivery may be improved, or level of subsidy reduced, by the introduction of some modifications to the existing timetables. However, the Executive considers that it is essential that current timetables should not be unduly modified in order that the Ferry Services are protected for users and that all stakeholders may gain experience of the new pattern of service delivery.

3.7.3 For this reason, the Summer and Winter timetables are to be delivered as the Minimum Standard and must not be significantly varied without the approval of the Executive. The Summer 2006 and the Winter 2006/2007 timetables and deployments for the CMAL Fleet are set out in the Information Room. Tenderers will wish to note that the Winter deployment is more flexible to allow for overhaul.

3.7.4 The Operator will also be required to provide an overnight goods service on the Ullapool-Stornoway route. Tenderers should note that the MV Isle of Lewis (or whichever other vessel provides the twice-daily return sailings on this route) may not also be used on this overnight service. Further information on this route is set out in Annex 4.

3.7.5 The Summer timetable should apply for a minimum of 28 continuous weeks, and the Executive expects that, to allow sufficient time for Winter overhauls, it will be unlikely to exceed 30 weeks (although this is for the Operator to consider). The minimum duration of the Summer timetable is from the start of the majority of Scottish Easter school holidays or Good Friday of the Easter weekend, whichever is earlier, until the end of the majority of Scottish schools' half-term break in October (usually the third Saturday in October each year). The Summer timetable will start on a Friday and end on a Saturday. The Winter timetable will operate for the remainder of the year.

3.7.6 Technical Submissions must contain a clear statement ( Section 7) confirming that the timetables in the Information Room will form the Minimum Standard of service under the PSC, and that the Summer timetable will apply for a minimum of 28 consecutive weeks each year.

Provision Above the Minimum Standard

3.7.7 Tenderers are encouraged to develop the timetables in terms of additional sailings, increased frequency of service and a longer operating day on certain routes. Where Tenderers propose provision above the Minimum Standard this should be made clear in the Technical Submission.

Timetable revision

3.7.8 It should be noted that after an initial period of six months the Operator may propose to the Executive alterations to the existing timetables providing consultation has been carried out with users in accordance with the arrangements described in Section 3.14. Tenderers will wish to note that there are sensitivities around Sunday sailings to and from certain communities. The Executive will expect the Operator to take due account of such concerns in proposing any changes to the Minimum Standard. If considered appropriate, the Executive may approve these timetable changes.

3.7.9 Tenderers should be aware that as mentioned in Section 2.5.41 the Executive may, in response to the needs of the local communities in Clyde and Hebrides, instruct the Operator to implement a revised timetable. The Operator must comply with any such instructions. In such circumstances, the Operator will be recompensated through the subsidy mechanism set out in the PSC. Technical Submissions must include a clear statement ( Section 7) confirming that the Tenderer will co-operate with these requirements.

Unscheduled Special Events

3.7.10 In addition to the sailings specified in the relevant timetables, the Operator will be required to respond to special events which temporarily create higher levels of demand on parts of the CHFS Network. Examples of events which the Operator must continue to cater for, as a prescribed minimum, are set out at Annex 5. Technical Submissions must include plans outlining how the Tenderer would meet these and any other unforeseen and unscheduled commitments which may arise from time to time.

Complementary Lifeline Services

3.7.11 The Operator will also be required to support the communities served by the Ferry Services by providing certain complementary lifeline services as required. These include special sailings for fuel supplies to ports not forming part of the CHFS Network, special sailings for Ministry of Defence vehicles and dangerous goods and the provision of relief vessels for public sector ferry operators in the Clyde and Hebrides. These services are illustrated in Annex 4.

Third Party Funded Services

3.7.12 Certain services are funded by Strathclyde Passenger Transport and by Highland Council. Further details of these are set out in Annex 4. Tenderers are expected to establish whether the relevant body wishes to continue funding these services and if so they should be provided on the same basis as currently offered or as otherwise agreed. Such services should be included in Technical Submissions.

Emergency Services

3.7.13 The Ferry Services include lifeline support to the emergency services as required and the Operator will be expected to provide the emergency services with out of hours contact details for the purpose of providing this support. Annex 6 summarises the current emergency call out arrangements. Technical Submissions must include a clear statement ( Section 7) confirming that the Tenderer will co-operate with these requirements.

3.8 Fares Structure

Dues payable at Harbours

3.8.1 Harbour (ie berthing) dues and pier and traffic dues for the Harbours are included in the Harbour Access Fee payable under the Harbour Agreement. Pier dues are not separately charged to passengers and vehicles for the use of the Harbours and are included in the fare tariff as set out in the Information Room.

Dues payable at Ports

3.8.2 Harbour dues will be payable at the Ports under the arrangements to be made with the relevant harbour authorities at the Ports (the Port Authority). Pier dues are payable at the Ports and are included in the fare tariffs but are to be separately accounted for by the Operator to the relevant Port Authority. Tenderers should note that harbour and pier dues are a matter for negotiation with the relevant Port Authority and that the Executive has no locus to intervene 3. The current timetables include the amount of pier dues and the Operator must ensure that fares will continue to be transparent to users in this regard. The harbour authorities at the Ports have provided details of all dues payable to them by CFL and this information is available to Tenderers in the Information Room.

Fares

3.8.3 Details of the fares currently charged on each route in the CHFS Network are set out in the Table of Rates, Fares and Charges in the Information Room. Included are fares for Summer 2007 and Winter 2007-2008.

3.8.4 The Operator will offer the range of fares options for passengers and vehicles as currently set out in timetables in relation to the following:

  • Single/return
  • Saver 5-day return
  • 6/10 journey
  • Day savers
  • Savers fares on specified routes (see Information Room for details)

3.8.5 The fare options specified in Section 3.8.4 above vary slightly from route to route. The Operator shall honour all types of ticket (including annual and quarterly season tickets) sold by CFL prior to commencement of the CHFS Services.

3.8.6 The Technical Submission must include a clear statement ( Section 7) confirming that, if successful, the Tenderer will provide the full range of fares set out in the Table of Rates, Fares and Charges and will honour all types of ticket sold by CFL prior to commencement of the CHFS Services.

Escalation Arrangements

3.8.7 The fares may be adjusted annually on the first day of the Summer timetable in accordance with the provisions of the PSC. Fares may be increased by up to the equivalent of index linking in line with CPI; increases over this require the consent of the Executive. Reductions in the fares or the varying of any preferential tariffs and discounts require the consent of the Executive. Further detailed provisions are set out in Clause 3 of the PSC. The Technical Submission must contain a clear statement ( Section 7) confirming that these requirements will be adhered to.

3.8.8 Fare proposals for each forthcoming Summer and immediately subsequent Winter must be notified to the Executive by at least 30 September immediately preceeding the relevant Summer. The fare proposals should detail both the net and gross fares (setting out the pier dues element separately).

3.8.9 Technical submissions should include a clear statement ( Section 7) confirming that the Tenderer accepts the requirements relating to fare increases and set out in detail how they intend to comply with the requirements.

Concessionary Fares

3.8.10 The Information Room also sets out details of concessionary fares arrangements which the Operator is required to offer. There are currently concessionary arrangements for:

  • children;
  • former British Rail and Scottish Transport Group Employees;
  • CFL staff (including retired employees);
  • disabled people; and
  • island residents.

3.8.11 The Operator will be required to continue the existing preferential tariffs for the specified users and the Technical Submission ( Section 7) should include a clear statement to this effect.

3.8.12 In addition to the concessions referred to in Section 3.8.10, there are concessionary fares schemes funded by local authorities. Initiatives such as free local off-peak travel for elderly and disabled people and the National Blind Scheme are delivered through these schemes and the Operator will be reimbursed by the local authority. Full details are available in the Information Room. The Technical Submission should include a clear statement ( Section 7) confirming that, if successful, the Tenderer will continue these arrangements.

3.8.13 The Executive is also committed to introducing progressively a scheme of national bus, rail and ferry concessionary travel for young people, initially for all in full time education or training. The Executive's commitments to extend concessionary travel will not form part of the Minimum Standard at the outset. The Operator will be required to participate in any concessionary travel scheme that the Executive implements and the Technical Submission should include a clear statement ( Section 7) to this effect.

Special Charging Arrangements

3.8.14 The Information Room also includes details of charging arrangements for:

  • Residential Caravans;
  • Tracked Vehicles;
  • Bicycles;
  • Caravans;
  • Coaches;
  • Motor Cycle and Side Car/Tricycles;
  • Canoes;
  • Commercial Vehicles;
  • Unaccompanied Cars;
  • Dinghies;
  • Excess Luggage;
  • Hearses/Remains;
  • Ambulances;
  • Towed Horse Boxes;
  • Towed Vehicles;
  • Casualty Animals;
  • Motor Homes;
  • Left Luggage;
  • Hay and Straw;
  • Loose freight and parcels and livestock vehicle rates; and
  • There is also a Traders Rebate Scheme based on volume and commitment to the route. This must be continued and be available to all hauliers. Full details of the Scheme are available in the Information Room.

3.8.15 The Operator shall continue these charging arrangements and loose freight and parcel / livestock rates. The Technical Submission should include a clear statement ( Section 7) confirming that, if successful, the Tenderer accepts this requirement.

Provision Above the Minimum Standard

3.8.16 The regulation of net fares, as set out in this Service Specification, does not extend to any additional routes or services that the Operator may provide which are outwith the CHFS Services.

3.8.17 This Service Specification represents the Minimum Standard required. However, Tenderers are encouraged to be responsive to ferry users and may wish to consider representations made, during consultation, by users in respect of fares.

3.9 Brand and Marketing

3.9.1 The Operator will be required to operate the CHFS Services under the brand name Caledonian MacBrayne and to display the heraldic device and use the Caledonian MacBrayne trademarks, logo and livery (altogether the "CalMac Brand") on all CMAL Vessels, marketing materials, websites, signposts, letterheads, etc. relating to, or serving, the CHFS Network for the duration of the PSC.

3.9.2 Non- CMAL vessels employed by the Operator will fly the house flag. The Operator shall be required to display the name "Caledonian MacBrayne" on all Non- CMAL Vessels and, where practicable but without incurring unnecessary cost and expense, paint the vessel in similar livery to that in the Brand Guidelines (as set out in the Licensing Agreements).

3.9.3 The Operator will not use the CalMac Brand for any purpose other than operating the CHFS Services. Once the PSC has expired, the Operator will be required to cease using the CalMac Brand and return it fully to CMAL. The Successful Tenderer will be required to enter into the Licensing Agreements with CMAL. The Technical Submission should include a statement ( Section 7) confirming that, if successful, the Tenderer will comply with this requirement and confirming that licensing arrangements have been agreed with CMAL.

3.9.4 It is the intention that there should be a coherent branding strategy for the CHFS Services. Use by the Operator of any other branding or indicators relating to its operation of the CHFS Services will be limited to certain purposes where required for reasons of legal necessity to indicate that the CMAL Vessels are being operated by the Operator for the duration of the PSC. Any other use will require the approval of CMAL. The process by which CMAL approval may be obtained is set out in the Licensing Agreements . If Tenderers wish to use any branding or indicators other than those referred to in the Licensing Agreements, initial proposals should be detailed in the Technical Submission.

3.9.5 The Operator will be fully responsible for the cost of applying any branding referred to in this Section 3.9 at the commencement of the PSC and the removalat the end of the PSC.

3.10 Ticketing Information and Integrated Transport

Availability of Tickets and Information

3.10.1 The Operator will be required to create a single common timetable, ticketing and fares database for all routes so that all possible reservations, sales and credit card payments can be made from at least the same locations as are available now although this need not necessarily involve the use of existing offices. Tenderers will wish to note that in addition to the availability of tickets at Harbour offices, on vessels and on-line CFL also has commercial arrangements in place with travel agencies in the UK and abroad (see Annex 7).

3.10.2 The Operator shall operate a central information and reservations phone system for the CHFS Network for the duration of the PSC. Availability of this service will be a performance measure under the PSC.

3.10.3 The Operator shall maintain, for the duration of the PSC, a detailed Internet website covering their operations on the CHFS Network. The page must provide links to on-line information and reservation services, CHFS seasonal timetables, a help-desk facility and an early warning Notice Board to flag any disruptions and changes to the CHFS Services caused by bad weather etc.

3.10.4 The Operator will be required to provide real time information to passengers (through the website, the central information system, on vessels and in harbour offices and waiting rooms) and to road and public transport information systems (e.g. Traveline) for travellers to and from the CHFS Network.

Brochure and Timetable publication

3.10.5 The Operator will produce and distribute a brochure covering all routes on the CHFS Network. The brochure must advertise timetables and booking information for all routes and should be published no later than October in each year, setting out the impending Summer timetable and fares and the immediately following Winter timetable and fares.

3.10.6 For the convenience of users, the brochure must also include, as a minimum, timetables for other ferry services provided by local authorities and private operators in the Clyde and Hebrides. No charge should be made to other operators for this. Competing services do not have to be advertised. The Operator is also expected to work closely with local tourist boards and to co-operate as far as possible to meet timescales and participate in local initiatives. In particular the Operator should permit other operators or other organisations to advertise CHFS timetables.

3.10.7 Timetables should also be published on the Operator's website and available on vessels, in Harbour offices and in waiting rooms. In line with the Executive's commitment to meet integrated transport objectives, the Operator is required, when publishing or advertising their CHFS timetable, to supply additional timetable information for connecting public transport services (for example, bus and rail services).

Other Transport Operators

3.10.8 The Operator is expected to work closely with and build partnerships with rail and local bus operators and other ferry operators to achieve integrated timetables. The Operator should meet with the rail and bus operators periodically. In the event services are delayed the Operator should liaise with rail and bus operators to agree contingency arrangements. Tenderers are generally encouraged to work with other transport providers in relation to integrated ticketing initiatives. The PSC will require the Operator to participate fully in any integrated ticketing initiatives which are judged by the Executive to benefit the public. The Executive does not expect the ongoing administrative costs of participation to be significant and would therefore expect the Operator to meet those costs which it directly incurs. Reasonable start up costs associated with participation will be met by the Executive. The Technical Submission should include a clear statement ( Section 7) confirming that the Tenderer accepts the requirements relating to brochures and timetables.

3.10.9 The Operator is also expected to work closely with the operator of the Gourock-Dunoon ferry service (currently operated by CFL) to facilitate integrated services and to participate in marketing initiatives in respect of the Clyde and Hebrides.

Traveline and Transport Direct

3.10.10 Traveline is a UK-wide public transport information system providing impartial timetable and journey planning information to the public via telephone, the internet and SMS. It provides information about journey itineraries, routes, service numbers, timetables and pre-planned alterations to most public transport modes, as well as links to the websites of individual transport operators.

3.10.10 AThe Successful Tenderer will be required to join Traveline Scotland, the Scottish arm of the Traveline initiative, and collaborate fully in the initiative. To join Traveline Scotland, the Successful Tenderer will be required to purchase one share in the company from the Chief Executive John Elliot at the cost of £1. Members are invoiced on a quarterly basis for the calls/queries answered concerning their service; costs for this service are allocated pro rata to the costs incurred in answering calls/queries for all other operators. The Operator shall also include the Traveline contact details on all timetable literature and advertising. The design and use of its marketing material is provided free to participating transport operators.

3.10.11 Transport Direct builds upon the Traveline service provision. Transport Direct aims to provide the traveller with all the information needed to plan a journey within in the UK, as well as offering a ticket purchasing facility. It covers travel by all modes i.e. air, car, train, taxi, tram, tube, bus, coach, ferry, bicycle, foot and, most importantly, combinations of these modes. The Operator will also be required to participate fully in Transport Direct as it develops.

3.10.12 The requirements set out above form part of the Minimum Standard. The Executive expects that the Operator will provide ferry services which, to the best extent possible, fit with the Executive's wider integrated transport policies. For example, it is hoped that the Operator will encourage intermodal transfer, wherever possible, at the mainland and on the islands and remote peninsulas in line with the Executive's transport philosophy. Tenderers should consider ways of promoting improved public transport linkages both within the CHFS Network and between the ferries and other modes of public transport in the Clyde and Hebrides.

3.10.13 Tenderers will note that delays in services in order to facilitate integrated transport are considered Relief Events (see Part 11 of the Schedule to the PSC).

3.10.14 The Technical Submission should include a clear statement ( Section 7) confirming that, if successful, the Tenderer will comply with the requirements of this Section 3.10 (i.e. Ticketing, Information and Integrated Transport) and detailed proposals setting out how the Tenderer would do so.

3.11 Disabled People

3.11.1 The Operator will be required to have regard to the legislative framework and obligations in relation to disabled people and to consider the needs of disabled travellers 4. This will include consideration of the needs of visually and hearing impaired people. The Operator will also be required to have regard to the Minimum Standards for Staff Assisting Disabled People and Value for Anyone, Value for Everyone - both published by the Mobility and Access Committee for Scotland ( MACS). The Operator will be required to put in place a service level agreement for disabled passengers, and to set out in the Customer Services Undertaking future plans for improvements. Tenderers must include, as part of their Technical Submission, a clear statement ( Section 7) confirming that in providing the CHFS Services they will consider the needs of disabled travellers, and detailed proposals setting out how they intend to satisfy this requirement.

3.11.2 The Operator must take into account the needs of disabled people when providing information, timetables and booking reservation systems and in allowing time for intermodal transfer where timetable variations are being proposed.

3.11.3 Tenderers will wish to note that currently on the Wemyss Bay - Rothesay crossing the MV Bute is permitted some flexibility by the MCA with regard to the time within which disabled people must leave their vehicles. A letter from the MCA to this effect is available in the Information Room. This dispensation is likely to be extended to the MV Argyle when she enters service given that she has been designed as a "sister ship" to the MV Bute and has the same or similar specifiation. Where this is safe this practice should continue and the Successful Tenderer will be expected to continue the appropriate arrangements with the MCA and comply with the terms of any agreement entered into or letter received. This does not affect the ship-master's freedom, in the interests of safety, to require all passengers to remain inside or get out of their vehicles.

3.11.4 For those passengers with visual impairment, the Operator is encouraged to comply with the guidance on travel issued by the Guide Dogs for the Blind Association.

3.11.5 CFL meets regularly with MACS and the Operator will be expected to continue this practice.

3.12 Network-wide Products

3.12.1 Tenderers must consider the provision of network-wide initiatives to facilitate tourism in the CHFS Network such as those currently provided by CFL i.e.:

  • Island Hopscotch (tickets)
  • Rover (tickets)

3.12.2 The precise format of such initiatives will not form part of the Minimum Standard, since Tenderers may be able to bring forward innovative ideas and improve on the current arrangements. However, the Executive will require the Operator, as part of the Minimum Standard, to make available comparable products to foster tourism, which is a key issue for the economic wellbeing of the Highlands and Islands. The Technical Submission should include details of the comparable products which the Tenderer would make available.

3.13 Language

3.13.1 The Operator shall ensure that crews are able to communicate with passengers and each other in English (the principal language of the passengers carried) to meet the requirements of the International Safety Management ( ISM) Code and of STCW 95 (Standards of Training, Watchkeeping and Certification Convention and Code 1995). The Operator shall particularly ensure that crew and shore staff who deal directly with users of the CHFS Services are proficient in English. The Technical Submission should include clear statements ( Section 7) confirming that the Tenderer will, if successful, comply with these requirements and set out how the Tenderer would propose to fulfil these requirements.

3.13.2 CMAL Vessels are UK registered and it follows that the working language of the CMAL Vessels is English. It is confirmed that the present crews fulfil this requirement.

3.13.3 While the Executive does not prescribe proficiency in Gaelic in respect of crews or shore staff employed to operate the CHFS Services, Tenderers' initiatives to enhance and promote the language, culture, enterprise and tourist facilities available throughout the Highlands & Islands would be welcomed. It is the Executive's view that some provision for competent Gaelic speakers on the Hebridean routes especially would be welcomed. Technical Submissions should include Tenderer's consideration of this issue.

3.13.4 The Executive wishes Tenderers to consider whether there are benefits attached to ensuring a number of sea-going or shore-based jobs for competent Gaelic speakers for the purposes of dealing effectively with CHFS customers as well as acting as a source of local expertise on the area's geography, culture, history and tourist information. It is suggested that, as a minimum, the Operator should ensure that there is at least one Gaelic speaking crew member on the Hebridean routes. Technical Submissions should include Tenderer's consideration of this issue.

3.13.5 The Operator shall retain the bi-lingual (Gaelic and English) taped "Welcome" announcements currently provided on seven CHFS routes serving the Hebrides. These routes are listed in Annex 11. In addition, the Operator shall provide bi-lingual (Gaelic and English) literature and signage in passenger areas of vessels serving the routes specified in Annex 11 and shall continue the current practice of displaying the names of CMAL Vessels in both Gaelic and English. The Technical Submission should include clear statements ( Section 7) confirming that the Tenderer will, if successful, comply with these requirements.

3.14 Consultation with Users

3.14.1 The PSC will require regular consultation with user groups and stakeholders. The Executive must be satisfied that suitable arrangements will be put in place for full and fair consultation and will expect relevant local authorities, ferry user groups and representatives of key Clyde-based and Highland & Island agencies to be among the bodies consulted. Further details are set out in Sections 3.14.2 and 3.14.3.

3.14.2 The Operator shall consult with ferry users on seasonal timetables and other issues which have a direct impact on ferry services to particular communities. The Operator shall engage in this process through the formal consultation channels described below. Consultation on timetables must fit in with the requirements for publishing and for seeking approval from the Executive for changes to the CHFS Services. Technical Submissions should include a clear statement ( Section 7) that the Tenderer will, if successful, comply with the Executive's requirements in relation to consultation with users.

Current arrangements

3.14.3 At present the Caledonian MacBrayne Users Committee ( CMUC) is the statutory body set up to represent customers' interests. The CMUC has the same membership as the Rail Passengers' Committee for Scotland and reports directly to the Minister for Transport. In addition there are three SSACs within the CHFS Network. This arrangement will shortly terminate. HITRANS are co-ordinating proposals for consultative arrangements on local and operational ferry matters to replace the SSACs. Once the revised arrangements have been agreed details will be communicated to Tenderers. It is expected that the current consultative arrangements will continue until such time as the new arrangements are in place. The Operator will be required to consult/liaise with whatever consultative body is in place.

3.15 Performance Regime and Customer Services Undertaking

3.15.1 The performance regime will monitor reliability, punctuality, service levels, operability of Harbours, provision of applicable services at Ports and Harbours and compliance with applicable law. Monitoring will be based on reports to be submitted by the Operator on a monthly basis (see Schedule Part 7 of the PSC) to enable any problems to be picked up and dealt with early (although cancellations must be notified immediately). The regime uses a mix of reduction in subsidy and, for more serious defaults, the issue by the Executive of a notice requiring the Operator to prepare a Cure Plan which will set out steps (to be agreed with the Executive) to remedy a default within a certain timescale, failure to comply with which may result in termination of the PSC. It should be noted that the regime allows for cancellations and delays due to specified Relief Events. It also allows for "knock on'' effects of a delayed sailing due to Relief Events on other sailings. This ensures that safety need never be compromised to avoid penalties. Annex 12 summarises the performance regime; further detail together with the Relief Events are set out in the PSC.

3.15.2 Monthly performance figures and information must be made publicly available by the Operator and displayed in Harbour offices, on board vessels and on the Operator's website and must be kept up to date. The Technical Submission should include a clear statement ( Section 7) confirming that, if successful, the Tenderer will comply with this requirement and setting out how this requirement would be fulfilled. The Operator shall also be subject to audit by the Executive (or the Executive's appointed auditors) and this may include spot checks.

3.15.3 The Technical Submission should include a draft Customer Services Undertaking devised by the Tenderer. It should cover issues such as the following:

  • cleanliness and availability (where applicable) of those parts of the vessels which are designed to be available to passengers for the purposes of a sailing including, without limitation, passenger bar and restaurant areas, cafeterias, passenger decks and lounges, seating and lavatory facilities;
  • availability (where appropriate) of those parts of the vessels utilized for the carriage of loose freight and parcels, vehicles or livestock lorries;
  • availability of the relevant gangways, companion ways and other means of access;
  • where relevant, any bar and/or restaurant facility on any vessel, which should be open for the hours advertised and able to serve, during those hours, the hot and cold food and alcoholic and non-alcoholic beverages advertised as being available on that sailing;
  • availability, where relevant, of vending machines on board vessels or at any Harbour;
  • cleanliness and availability (where applicable) of those parts of any Harbour which are designed to be available to passengers for the purposes of a sailing including, without limitation, parking facilities, bar and restaurant areas, waiting areas, ticketing areas and lavatory facilities;
  • availability (where appropriate) of those parts of any Harbour utilized for the storage of loose freight and parcels, vehicles or livestock lorries prior to or subsequent to their transportation on one or more of the vessels;
  • availability of the relevant pathways, roads and other means of access to and from Harbours;
  • staff livery and conduct;
  • services for disabled people including availability on every sailing of lifts and disabled toilets, where applicable;
  • customer satisfaction with the CHFS Services; and
  • the way in which customer complaints are to be dealt with.

The Operator will be required to publish the Customer Services Undertaking (which will be subject to the approval of the Executive) and to abide by the standards which it sets. The PSC contemplates that the Customer Services Undertaking will be updated from time to time. Tenderers will note that compliance with the Customer Services Undertaking forms a part of the performance regime.

3.15.4 Tenderers will wish to note that the SSACs currently deal with local complaints. SSACs can make recommendations to the Operator as a result of such complaints although the Operator is not obliged to act upon those recommendations. Tenderers will be aware of the comments at Section 3.14.3 in relation to SSACs.

3.16 Monitoring of Operations

3.16.1 The Executive will monitor the Operator's performance against the requirements of the PSC, and in so doing will conduct whatever audits and spot checks it feels are required. The Technical Submission should contain a clear statement confirming that, if successful, the Tenderer will co-operate in the monitoring arrangements set out in the PSC and provide accurate auditable information to the Executive. This will enable such audits to be carried out to the Executive's required standards.

3.17 Information Required from Operator

3.17.1 The Operator will be required to provide regular detailed information about the operation of the CHFS Services. This information is required for internal audit purposes, to comply with EU rules relating to the Transparency Directive, Cabotage Regulations, etc., to inform Parliament, and to inform the Executive and other Tenderers in the next competition. The information requirements are set out fully in the PSC. The Technical Submission should include a clear statement ( Section 7) confirming that the Tenderer, if successful, will comply with the information requirements and setting out how the Tenderer will ensure accurate, reliable and timeous information provision. Tenderers should also note that, if successful, they will also be required to comply with any other legislative requirements for information or ad hoc requests from the Executive.

3.18 Safety

3.18.1 The safety of passengers and crew must not be compromised or diluted. Accordingly, it is a requirement that the CHFS Services are managed and operated in a manner that consistently provides the highest standards of safety. The Operator shall, therefore, ensure compliance with all applicable International Conventions, EU Council Directives and Regulations, and National Regulations and ensure that relevant industry codes, guidance and standards are fully taken into account. In particular, the Operator shall comply with all Merchant Shipping Legislation enforced by the MCA, and shall ensure that the vessels to be used on the CHFS Network, and all matters concerning their operation, comply with relevant UK and EU legislation for passenger Ro-Ro ships ( EU(B), Class IIA, and Classes III to VIA as appropriate). All vessels employed, and the Operator, must comply with the requirements of the ISM Code rather than the Domestic Small Passenger Ship Code. The Technical Submission must include a clear statement ( Section 7) confirming that, if successful, the Tenderer will meet the requirements of this Section and setting out how the Tenderer would achieve this.

3.18.2 The Executive requires Tenderers to demonstrate how they will meet all relevant safety requirements for vessel specification and operations, and in relation to crew and passenger safety on board.

3.18.3 In carrying out all duties relating to shore side activities, the Operator shall comply with all relevant rules and regulations, including Health and Safety legislation, applicable Regulations and Codes of Practice and the Port Marine Safety Code as applicable . The Technical Submission must include a clear statement ( Section 7) confirming that, if successful, the Tenderer will meet the requirements of this Section and setting out how the Tenderer would achieve this.

3.18.4 In the event that the PSC is terminated or there is a breakdown in the contractual relationship, all Ship Safety Management Systems and safety documentation relating to the CHFS Services must be made available to CMAL and the Executive in order that the continuation of the lifeline ferry services can be ensured in accordance with the terms of the PSC. The Technical Submission must contain a clear statement ( Section 7) confirming that this information will be provided should it be required.

3.19 Environmental Protection

3.19.1 The CHFS Network is in an area of outstanding natural beauty, and wildlife, fish farming and tourism are important to local communities. Accordingly the Technical Submission should set out how the Safety and Environmental Protection policy (see Sections 4.15.27 to 4.15.29) will recognise and take into account this environmental sensitivity.

3.19.2 In order to protect the environment, the Successful Tenderer will be expected to develop the objectives of their Safety Management Systems, as required by the ISM Code, in consideration of the unique and special environmental factors that exist in and around the CHFS Network. The Technical Submission should set out how the Tenderer, if successful, would do this.

3.20 Contract Handover/Mobilisation Plan

3.20.1 The Technical Submission should include detailed proposals setting out how the Tenderer would approach contract handover. This should include a Mobilisation Plan and a timetable with key milestones. Tenderers should note that the agreed Mobilisation Plan will form part of the PSC and that failure to complete mobilisation to a satisfactory standard may result in a breach of contract.

3.20.2 The Executive will have the right to monitor the Successful Tenderer's progress on service mobilisation against the agreed Mobilisation Plan. The Successful Tenderer will be required to provide monthly reports to the Executive and attend progress meetings as required during the period between contract award and commencement of the CHFS Services. Where progress on mobilisation falls behind the requirements of the plan the Successful Tenderer will be required to produce proposals for rectifying this and to immediately take such action as may be required to address the problem.

3.21.3 Tenderers will wish to note that CMAL and CFL will cooperate fully with all reasonable requests during the handover/mobilisation period.

3.21.4 The Operator will be required to cooperate fully with all reasonable requests if and when another operator is appointed to take over the CHFS Services or to provide services broadly similar to them (when a subsequent public service contract is being awarded). The Operator will be required to work closely and co-operate fully with CMAL and the new operator during the handover period in accordance with the Handover Assistance Plan. The Technical Submission must include a clear statement ( Section 7) confirming that, if successful, the Tenderer will meet the requirements of this Section and setting out how the Tenderer would achieve this.

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Page updated: Monday, December 18, 2006