Further details of tender process for ferry contract (FOI)

​Request 687104561

Please list any and all the costs incurred by the government of Jersey associated with then recent tender process for a Channel Islands ferry service between the Islands, the United Kingdom and France and the subsequent second tender process which resulted in the awarding of the contract for a Jersey service to DFDS. This to include, but not be limited to the following areas: -

1. - Support and consultation costs around the formulation of the original and subsequent tenders

2. - Advertising and/or marketing and public relations expenditure

3. - Costs of support and consultation during the process of both tenders

4. - Legal and court expenditure before during and after the original tender process and the second tender process

5. - All costs born by the government relating to trial berthing of ships

6. - Travel and accommodation costs incurred by all persons associated with the tender processes

7. - Incidental and sundry costs not covered by the above 

8. In addition, please estimate the total of officers' time and the cost thereof in conducting the tenders from the issue of the original tender document to the awarding of the Jersey contract to DFDS.

Thank you.

Response

Please see Freedom of Information requests and responses for previous responses regarding the ferry tender.

1. It is not possible to separate out costs in relation to question 1 and question 3. Between 2023 and 13th February 2025 £1,239,160 was spent on external third parties. 

Activity that was related to the joint tender with the States of Guernsey has subsequently been met by the States of Guernsey on an equal % basis.  The specific details of the costs incurred from engagement with external third parties to support both tenders are exempt under Article 33 of the Freedom of Information (Jersey) Law 2011.   

2. Nil cost.

3. Please see response to question 1 above. 

4. The costs incurred from engagement with external third parties to support both tenders are exempt under Article 33 of the Freedom of Information (Jersey) Law 2011. To note, that costs incurred may reduce during 2025 as we seek to reclaim upon receipt of a final judgement following the Bretagne, Angleterre, Irelande S.A’ (Brittany Ferries) and the Minister for Sustainable Economic Development case. 

5. No berthing trial costs were incurred in relation to the tender itself. 

Berthing trials costs associated with contingency needs for the island’s supply chain were a shared cost with States of Guernsey and subject of a sperate freedom of information response that can be found here:

DFDS’s Finlandia Seaways berthing trials costs (FOI)​

​6. These costs were for the account of individual parties. Therefore, Article 3 of the Freedom of Information (Jersey) Law 2011 has been applied. 

Two Government officials attended meetings in The Sofitel Hotel at London Gatwick  between 17/09/24 to 20/09/24. The total travel and accommodation costs was £1,642.

7. The Sofitel Hotel at London Gatwick was used as a base for meetings between 17/09/24 to 20/09/24. The total cost was £2,592 and this was met jointly by the Government of Jersey and the States of Guernsey. 

The Grand Hotel Jersey was used as a base for meetings between 21/11/24 to 22/11/24. Total cost was £1,767.

8. The requested information is not held by Government of Jersey. Therefore, Article 3 of the Freedom of Information (Jersey) Law 2011 has been applied.

Articles applied

The information requested is not held by the Government of Jersey in a reportable form. A Scheduled Public Authority is not required to manipulate and create new data sets under the Freedom of Information Regulations. Article 3 of the Freedom of Information (Jersey) Law 2011 therefore applies.

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

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.