- Title
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Poland - Warsaw: Short Notice Chartering of Aircraft for FRONTEX One-way Only Humanitarian Voluntary Return/Repatriation (HVR) Flights
- Award criteria
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priceOnly
- Award criteria details
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Lowest price
Award criteria for item 1:
- Price
- Main procurement category
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services
- Procurement method details
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Negotiated without a prior call for competition
Justification:
Due to war in Ukraine, massive migratory flow towards EU takes place. To support the EU MS in managing refugees fleeing the war, FRONTEX has urgently initiated a new service providing humanitarian voluntary returns (HVR) to return by air in their own countries migrants not willing to stay in EU. HVR service is a response to an urgent and unforeseen need (nor FRONTEX nor the MS could expect the scenario of large numbers of third country nationals willing to return after entering EU from UA). Urgent assistance has been requested so far by one MS, and it is expected that other MS will seek for FRONTEX support in this area any moment. Bearing in mind that the need of HVR flights resulting from the war in Ukraine could not be foreseen, the need of HVR could not be covered by the services provided within the currently running contracts, thus making the need non-attributable to the contracting authority. The need from one MS for support in provision of HVR flights is actual and continuous, due to the perduing war in Ukraine, thus constituting an occurrence atypical for normal economic and social life. At the moment FRONTEX does not have the contractual capacity to provide HVR flights. To mitigate the situation, FRONTEX will incorporate the capacity for one-way HVR flights within the next specific contract under the ongoing FWC Frontex/OP/947/2019/JL, which is expected to be signed and operational within approx. three months. As per Art. 11.1 Point (c), of the Financial Regulation the contracting authority could resort to the use of exceptional negotiated procedure: '(c) In so far as is strictly necessary, where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, it is impossible to comply with the time limits laid down in Points 24, 26 and 41 and where the justification of such extreme urgency is not attributable to the contracting authority.'; according to Point 39.2 of the Annex I to the Financial Regulation, 'For the purposes of Point (c) of the second subparagraph of Point 11.1, operations carried out in a crisis shall be considered to satisfy the test of extreme urgency.'. The Recital 21 of the Regulation provides further insights into the definition of ‘crisis’ foreseeing i.e. '(a) a situation of immediate or imminent danger threatening to escalate into an armed conflict or to destabilise a country or its neighbourhood; (b) a situation caused by natural disasters, man made crisis such as wars and other conflicts [...].'. Therefore, considering Russia’s aggression against Ukraine and the ongoing war in the latter provoking an unprecedented, significant refugee wave, it was corresponding to the above-mentioned conditions. Following the above-mentioned, FRONTEX extends temporarily its capacity to charter only one-way HVR flights by establishing a new contract under an exceptional negotiated procedure to bridge the unexpectedly occurring needs until the next tailored specific contract under FWC Frontex/OP/947/2019/JL is in place, as indicated above.
- Tender period
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2022-04-22
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?