Process to select new ferry operator (FOI)

Request 685446803​

Please can you also confirm what process was undertaken to select the company to provide the contingency service, and how many firms were approached to provide a quote for the provision of the service? and how the decision to award this to DFDS was arrived at? Please also confirm if the future tender for the Jersey (or Jersey/Guernsey) ferry service in anyway formed part of these negotiations or was at all mentioned by either party?

Response

The process to appoint DFDS as a ferry services contingency provider was followed entirely in-line with Jersey’s Public Finances Manual and Procurement Best Practice toolkit​. Market engagement in this area is commercially sensitive. Therefore, Article 33 of the Freedom of Information (Jersey) Law 2011 has been applied.

During late 2023, several contingency options were rapidly assessed by the Government of Jersey and counterparts in the States of Guernsey following emergency funding requests from Condor. Having regard to the unsuitability of Brittany Ferries as a contingency provider given their shareholding in Condor, the very company that was introducing supply chain risk, and having regard to the undesirable position of investing in Condor itself – as invited - to reduce the risk, we moved urgently on to other considerations. 

At a similar point in time Admiralty claims in rem were granted in favour of Poole Harbour Commissioners against Commodore Goodwill, Condor Liberation on 27th November 2023 and against Condor Voyager and Condor Islander on 29th November 2023. Claims in rem are one measure short of impounding the vessel until liabilities have been discharged and this presented a clear and present risk to the supply chain that required urgent mitigation.

​The States of Guernsey shareholding in the legal entity that owned Condor Islander, was briefly considered and assessed to be prone to undue delay in securing outright control and moving to crew and operate the vessel. At this stage it was felt necessary to jointly and directly approach a scale ferry operator for urgent provision of a contingency solution and discussions commenced with DFDS A/S. 

The appointment of DFDS A/S to provide contingency services and the procurement process for strategic ferries services beyond March 2025 are not linked and it has been clear to DFDS A/S throughout the contingency arrangement that a joint Channel Islands tender process would take place and the strongest bidder – having met all mandatory criteria – would be appointed. As neither DFDS A/S or Brittany Ferries met all mandatory criteria to the satisfaction of Jersey’s evaluators and recognising that States of Guernsey had arrived at a different and immovable outcome, the Government of Jersey commenced a second tender process. 

Article applied

Article 33 - Commercial interests

Information is qualified exempt information if –

(a) it constitutes a trade secret; or

(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).

Public Interest test

Article 33(b) of the Freedom of Information Law allows an authority to refuse a request for information where its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information). 

Whilst it is accepted that the public may have an interest in the requested information, it is considered that releasing this information could affect the commercial interests of the suppliers and the Government of Jersey.​