Services firm challenges loss of €25m Dublin Airport contract

A company providing cleaning and security services at Dublin Airport has brought a legal challenge after its tender for a €25 million contract to provide those and other services over the next five years was rejected.

Mr Justice Peter Kelly yesterday granted an application by Douglas Clarke, for the Dublin Airport Authority (DAA), to fast-track the hearing of the action by OCS One Complete Solution Ltd, of Airways Industrial Estate, Dublin, over the awarding of the contract to another company.

The judge also granted an application to join as a notice party to the case the successful tenderer, Maybin Support Services (Ireland) Ltd, trading as Momentum Support, with offices at Textile House, Stephens Lane, Dublin.

Requirements
In its proceedings OCS claims the DAA failed to comply with requirements of Irish and European law in its conduct of the procurement process. It wants orders, including one setting aside and/or permanently suspending the DAA's decision to award the contract to Momentum Support.

OCS claims that since 2007 it had consistently performed services “to a high standard” at Dublin Airport under contract, including servicing washrooms, lounge and queue management.

Security screening
In an affidavit, OCS chief executive Cecil Ryan said there were only a small number of services under the new contract – such as lost property and passenger security screening – which OCS does not currently provide to the DAA. He believed the value of the contract was €5 million annually.

The DAA had told his company the tender price from Momentum was some €1.2 million lower than the OCS tender price, Mr Ryan said. He did not believe it was possible for the contract to be performed at that price on the basis of the DAA’s specifications and requirements. There also appeared to be a “lack of transparency” in how the tender process was conducted.

The DAA denies any failure to comply with Irish or European law, and contends the claims in the proceedings are “without merit”. OCS’s claim that the bringing of the proceedings imposes an automatic suspension of the contract award process was among the reasons the authority wanted the case fast-tracked, the court was told.