The wreck of the "Boy Ken".

Summary

The request sought confirmation of rumors regarding the award of a contract to JCK Limited for the disposal of the wrecked vessel 'Boy Ken' and details on cost recovery from the owner. The Department of Infrastructure released tender documentation outlining the evaluation criteria and process but withheld specific information on the awarded contractor and cost recovery status under commercial confidence exemptions.

Key Facts

• The vessel 'Boy Ken' was arrested on 31 August 2023 under Section 22 of the Harbours Act 2010.
• The disposal contract was to be awarded using the Isle of Man Government's tender process.
• Tender evaluation criteria weighted price at 60% and quality at 40%.
• Site visits were a mandatory requirement for tenderers prior to submission.
• The response included a 'Quick Quote' document dated December 2023 marked 'Commercial in Confidence'.

Data Disclosed

• 31 August 2023
• 25 October
• 16 October 2023
• 2024-03-20
• 2024-05-24
• December 2023
• 60%
• 40%
• Section 22
• Section 25
• Reference: 2408
• 28 pages
• 3 documents

Exemptions Cited

• Commercial in Confidence

Original Request

In an e-mail to me rom the DOI's FOI Response Team dated the 16th October 2023 the Team stated (inter alia) - "The vessel was arrested on the 31st August 2023 under Section 22 of the Harbours Act 2010 and once the process is complete then the vessel will come under Harbours ownership for disposal under Section 25. The owner will be contacted with the costs and enforcement action will be taken if necessary. The Boy Ken will be surveyed during the week commencing 25th October. Once the survey report has been received, a plan to either keep the Boy Ken in Peel or relocate to another Harbour will be drawn up. The eventual disposal of the Boy Ken will have to be completed by a contractor, the contract for the disposal and method of disposal will be awarded using the IOM Governments tender process." In this regard 've heard rumours that a contractor has been chosen - the name of the contractor being referred to in the rumours being JCK Limited or one of its associated companies, and that the wreck is to be lifted out of Peel harbour and taken to the company's depot in Balthane for subsequent disposal. Are these rumours true, at least in some respects, and has a contract been awarded. If it has, please let me have a copy of it together with details of the tender process. Please let me know also what the current position is with regard to the recovery of the costs of the contract from the owner.

Data Tables (2)

Full Response Text

Commercial in Confidence Reference: 2408

Date: December 2023 Page 1 of 3

QUICK QUOTE

Evaluation Criteria

Quick Quote Response

This Quick Quote Response will be evaluated by an approach that takes into account both the price and quality in order to determine the Most Economically Advantageous Tender. The weighting split used to evaluate Tender Responses will be:

Price

60% Quality

40%

In order to ensure that your Tender Response has the best chance of success, please answer all of the questions.

PRICING

1. Complete the Bid Form (Enc 2)

All prices quoted are to be fixed for the duration of the contract.

The Quick Quote price shall:

• Be net in pounds sterling and include all discounts. • Exclude value added tax (VAT). • Not exceed two decimal places of a £. • Be the full inclusive costs of the goods or service as described. • Be inclusive of expenses.

Contractors should note that it is their sole responsibility to ensure the arithmetical accuracy of their Quick Quote Response. Once submitted, the Department will not accept any increase to the Bid Form.

General directions and descriptions of the goods or service given in the Scope and Site Information are not necessarily repeated. Reference should be made to the Scope for this information and unless otherwise specified, the prices entered into the Bid Form shall relate to the Scope.

The Department of Infrastructure does not undertake to consider quotations received after the closing date.

The Department of Infrastructure does not bind itself to accept the lowest or any quotation and reserves the right to accept a portion of any quotation, unless the supplier expressly stipulates otherwise in their quotation.

No additional costs will be considered by the Department unless these are clearly stated in the pricing schedule response.

Commercial in Confidence Ref: 2408

December 2023 Page 1 of 4

INSTRUCTIONS FOR TENDERERS

Vessel Disposal
at
Peel Harbour

Commercial in Confidence Ref: 2408

December 2023 Page 3 of 4

Tender Responses should be uploaded to the Portal in the following formats as appropriate:

 Microsoft Word  Microsoft Excel  Adobe .PDF

The DOI does not bind itself to accept the lowest or any quotation and reserves the right to accept a portion of any quotation, unless the supplier expressly stipulates otherwise in their quotation.

1.7
Site Visits – MANDATORY REQUIREMENT

It is the Tenderer’s responsibility to visit and familiarise themselves with the site prior to tendering. The Tenderer will be deemed to have visited the sites prior to submitting a Quotation Response and be satisfied as to the nature of the sites and all local conditions and restrictions affecting the conditions of labour, the facilities for obtaining the materials required and any other matter affecting the execution of the works. No claim will be recognised on the grounds of want of knowledge of site and conditions under which the works are to be executed.

1.8 Coronavirus COVID-19 pandemic

Tenderers must be aware that the contract award and implementation timescales may depend on (and be varied to accommodate) the latest situation with the COVID-19 pandemic.

Commercial in Confidence Ref: 2408

December 2023 Page 4 of 4

Section 2 - Detail of the Requirement

2.1 Specification

Refer to the Scope and Site Information provided at Enclosure 1.

Section 3 – Quick Quote Response

3.1
Return Documents

The documents below are to be completed and uploaded to the Portal for the purposes of the evaluation and award.

Documents to be provided by the Contractor with the Bid:

The contractor is required to submit the following documents:

 Price Schedule  Responses to questions in the Evaluation Criteria
 Certificate of Non Collusion  Financial Regulations Declaration  Schedule of Confidential Information

The successful contractor will need to provide the following documents and information prior to any work commencing on site:

 Public and Employers Liability Insurance Documentation  Lifting Plan  Risk Assessment
 Method Statement
 Public and Employers Insurance documentation  Traffic and Pedestrian Management Plan  IOSH Working Safely (1 day)  Evidence of in-house/on-the-job training or tool box talks  Any additional NPTC or professional qualification relevant to the method statement and work intended to be used.

Tenderers must ensure that they fully complete and upload all the documents contained within Section 3.

Certificate of Non-Collusion

To:
The Department of Infrastructure

Sirs,

Certificate of Non-Collusion

The essence of tendering is that the client shall receive bona fide competitive tenders from all companies tendering. In recognition of this principle, I/We certify that this is a bona fide tender intended to be competitive, and that I/We have not fixed or adjusted the amount of this tender by or under or in accordance with any agreement or arrangement with any other person.

In this certificate the word "person" includes any person and anybody or association corporate or un-incorporate and "any agreement or arrangement" includes any such transaction, formal or informal and whether legally binding or not.

Signature:

Name:

For and on behalf of:

Address:

Date:

Financial Regulations Declarations

To:
The Treasury, a Department of the Isle of Man Government

Sirs,

Financial Regulations Declaration

I/We confirm that all appropriate returns have been made to Treasury by the due date, that there are no outstanding statutory payments, such as I.T.I.P., Company Tax, National Insurance Contributions or V.A.T., currently due to the Isle of Man Government and that I/we are in no other way indebted to the Isle of Man Government.

I/We fully understand that it is my/our responsibility to ensure that my/our obligations in respect of the submission of returns and/or payments are in order.

I/We hereby authorise the Treasury (a Department of the Isle of Man Government) to seek and obtain any necessary information required to verify that all appropriate Returns have been made and that there are no outstanding statutory payments or other debts currently due by me/us to the Isle of Man Government.

Signature:

Name:

For and on behalf of:

Address:

Date:

Isle of Man Company Registration No:

Isle of Man Income Tax Company Ref:

Isle of Man N.I. Employer's Registration No:

V.A.T. Registration No:

Commercial in Confidence

Date: June 2023 Page 1 of 2

Document 5 – Schedule of Confidential Information

To:
DOI Highway Services, Ellerslie Depot, Old School Road, Crosby, Isle of Man. IM4 2HA

Sirs,

Schedule of Confidential Information

Project Name & Reference: _________

If you consider that any of the information included in your Tender Response is commercially sensitive you must complete and return this schedule with your Tender Response.

In completing this schedule you recognise that the Government is committed to meeting their legal responsibilities under the Freedom of Information Act 2015 (the Act) and as such, you are aware that all information we receive may be subject to a Request for Information under the Act, which will be dealt with accordingly.

You may designate information provided to us as:

• 'In confidence' – in that you consider disclosure of the information concerned to the public by the Government would constitute a breach of confidence actionable by you or any other person. Or, • 'Commercially sensitive' – in that you consider the information concerned is a trade secret or where you consider disclosure would, or would be likely to, prejudice the commercial interests of you and/or your organisation.

Where you send the Government information you regard as confidential, you must clearly identify the confidential element(s) and explain why you consider each element to be of a confidential nature.

You accept and agree that that our receipt of information marked as confidential, or marked in any other way, does not imply that we accept any duty of confidence by virtue of that marking nor any obligation not to disclose that information if required by the Act.

If you wish to mark any information as 'in confidence' or 'commercially sensitive' you should do so in the table below. We will take account of your views in dealing with any Request for Information to which the Act applies. Commercial in Confidence

Date: June 2023 Page 2 of 2

Page and paragraph number, or other reference
for the element of information you regard as confidential Marking – either 'in confidence' or 'commercially sensitive'

Why you consider element of information to be confidential

Signature:

Name:

For and on behalf of:

Date:

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF Ref: HW 007 Issue 1 13.11.2023 Isle of Man Harbours

LOCATION PLAN AND PHASES

Vessel Name
Boy Ken
Vessel Location East Quay Peel
Project Manager
Michael MacDonald Primary Contact Marc Marshall Date
13/11/2023

Appendix A: Location Plan

Ref: 2408

December 2023

SCOPE AND WORKS INFORMATION

VESSEL DISPOSAL
AT PEEL HARBOUR

Ref: 2408

December 2023 Scope of Work
1. Project Description Isle of Man Harbours have identified a vessel in Peel Harbour which is a 52.46 foot wooden hulled motor fishing vessel (Boy Ken) and it requires breaking up and all materials disposed off. Prior to works commencing the contractor must obtain a licence from the Department of Environment, Food and Agriculture authorising the dismantling and disposal of the vessel and any subsequent disposal of associated parts.
Directorate of Environment Department of Environment, Food and Agriculture Thie Slieau Whallian St John’s IM4 3AS Environmentalprotection@gov.im A site visit is mandatory prior to tenders being submitted.
The work will be carried out in three phases: 1.1 Phase 1 Phase 1 will include works to make the vessel safe to allow it to be towed to the East Quay Jetty in the Outer Harbour. The works will also include the site set up, establishing a compound, mobilisation of all plant, equipment and site security. Liaising with residents, business’ and boat owners. Removal and disposal of all loose items from on the outer deck and below deck.
1.2 Phase 2 Dismantling the vessel to the waterline and disposing off the parts and materials in accordance with accepted working practices. Further details can be found below.
1.3 Phase 3 Site clearance, demobilisation of plant and equipment and leaving the working area in a clean and tidy condition.
2. Location Details Once the contractor has completed Phase 1 the Department will arrange to move the vessel from East Quay (Harbour Masters Yard) to the East Quay Jetty in the Outer Harbour. Refer to the map for further details.
3. Scope

PHASE 1 The vessel is to be made safe so that it can be towed to the Outer Harbour to enable her to dry out for inspection and further dismantling. The towing and berthing operations will be carried out by the Department.  Site set up and mobilisation of plant and equipment and establishing a site compound.
 Liaising with local residents, businesses and boat owners including a letter drop.  Setting up and monitoring traffic and pedestrian management.  Removal of all loose items from the outer deck and all areas below the deck. Ref: 2408

December 2023  Removal of all fuel, oil, batteries and other deleterious materials using safe and recognised working methods.
 To provide all skips and dispose of all materials from the vessel at a licenced facility. Recycling of materials where appropriate. Skips, plant and equipment can be kept on the jetty for the duration of the works. Appropriate security barriers and signage to be installed.
 It is the contractor’s responsibility to ensure the vessel is secured to the quay wall at all states of tide and weather. Contractors should include the use of oil booms and absorbent pads where required and sufficient counter pollution measures must be available to be deployed from the site. Harbours Division can recommend the type required if needed.
 The contractor must provide all oil booms and pads and provide spill kits.
 Any contaminated materials must be disposed off at a licenced facility.

A designated work and storage area will be allocated inside the Harbour Masters Yard opposite the vessels location. On completion of Phase 1 and prior to the vessel departing the Inner Harbour, members of the Harbour Division along with a ship surveyor will carry out an inspection to ensure the vessel is safe to leave the Inner Harbour and to be moved and moored on the Outer Harbour where the vessel will dry out over the low tide. PHASE 2 This phase will be carried out on the East Quay Outer Harbour and will involve the dismantling of the vessel and disposing of the constituent parts in accordance with accepted working practices. The specific tasks include but not limited to:  East Quay Jetty is to be closed off to all members of the public and vehicles.
 Maintaining access to the fuel berth on the Outer Harbour.  Liaising with stakeholders including residents, business owners and boat owners.  Erecting and maintaining site security, Heras fencing, barriers, signage and traffic and pedestrian management.  The vessel is to be dismantled to the waterline.
 Materials or fluids from the vessel must not enter the water, if any material or fluids enters the water it should be recovered immediately and reported to the Department at the earliest opportunity via the Marine Operation Centre on 01624 686627.  Once the vessel has been dismantled to the water line, weight calculations are to be carried out by the contractor to determine if the vessel can be lifted out onto East Quay Jetty for the final stage of the breakup. The contractor is responsible for lifting the vessel onto East Quay.  To provide all skips and dispose of all materials from the vessel at a licenced facility. Recycling of materials where appropriate. Skips, plant and equipment can be kept on the jetty for the duration of the works.
 It is the c

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