Tom Keen

---

By Calum WatsonBBC Scotland News

Opposition parties say newly-released documents raise further concerns about the procurement of two overdue ferries being built at Ferguson shipyard.

Emails from 2014 show that ministers and civil servants checked that the Port Glasgow yard would be ready to bid before The Process began.

Separately, owner Jim Mccoll says he was offered advice to ensure his firm was " well positioned".

The Scottish Government said it was trying to " maximise competition".

But Scottish Labour's Neil Bibby said the emails raised " serious concerns about the procurement Process ".

He Said there was a need to " get to the bottom" of What Happened during the procurement Process , and why.

" Despite claims from the government that they have released all relevant correspondence, more and more information comes to light, " He Said .

Scottish Conservative transport spokesman Graham Simpson said the documents showed just how closely ministers and officials were involved in discussions between government-owned ferries agency CMAL and Mr McColl's company.

" That seems unusual during a procurement Process - particularly when there is still no transparency over this deal, which ended up costing the Scottish taxpayer hundreds of millions and has failed to deliver for islanders, " He Said .

The new documents have been released under freedom of information rules. They relate to the earliest weeks of the procurement of Glen Sannox and Hull 802, which are massively overbudget and still being built at the Ferguson Marine shipyard in Port Glasgow .

In the autumn of 2014, Mr McColl had just taken over The Yard and was starting to re-hire some of the 70-strong workforce made redundant when Ferguson's went into administration in mid-August.

In late September his new company Ferguson Marine Engineering Ltd (FMEL) was directly awarded the £12. 3m contract for a small diesel/electric hybrid ferry for CalMac, two of which The Yard had built successfully under its previous owners.

But Mr McColl had ambitious modernisation plans, and was interested in bidding for The Contract for the Two Much larger CalMac ships, even though they would be bigger and more complex than anything previously built at the small Inverclyde shipyard.

The new documents include an email dated 1 October from a Transport Scotland official, whose name is redacted, asking then Transport Minister Keith Brown to approve the start of the formal procurement Process for the 100m-long ferries.

The email, cc'd to Deputy First Minister John Swinney , continues: " Tom Docherty [chief executive of CMAL] discussed this with Jim Mccoll yesterday to ensure that Ferguson Marine Engineering Ltd (FMEL) would be in a position to meet the PQQ [pre-qualification questionnaire] requirements within CMAL's proposed timescale.

" Mr McColl confirmed that he was content whilst noting that FMEL now had to Gear Up following the award of the third hybrid contract. "

The email to Keith Brown also notes that a " spin off" benefit of beginning the procurement for the two larger ferries was that it might deter " disgruntled" shipyards from challenging the direct award of the smaller ferry contract to Ferguson's.

The Bbc contacted Mr McColl who confirmed that he met Tom Docherty at the shipyard on 30 September to tell the workers about the awarding of the small ferry contract.

A note in his diary, from one of his assistants, says: " Tom Keen to discuss With You the tender timeframe that's required for The Next two ferries. He will issue a PQQ in a week requesting responses by November.

" He suggests we might want to get someone in to help with the PQQ Process to ensure Fergusons was well positioned as he expects us to have A Number of gaps given current manpower and facilities. "

A leading procurement law expert told The Bbc that it could be possible for CMAL to contact Fergusons as a potential supplier at that stage of The Process - But that The Yard should not be given an unfair advantage.

Prof Luke Butler, of the University of Nottingham, added: " It would be good practice to enter discussions with a range of potential suppliers and ensure that these are properly documented. "

The formal launch of the procurement Process by Keith Brown took place a fortnight later at an event in Ardrossan.

The newly-released documents include a Q& A briefing paper prepared for The Minister which suggested how he might answer the question: " Is it well within the capability and capacity of Fergusons Shipbuilders of Port Glasgow to build it? "

The Answer was: " Yes. The aim of the new owners Ferguson Marine Engineering Ltd (FMEL) is to build The Company up so that it is employing many hundreds of workers.

" Trying to secure further shipbuilding contracts will be an important part of generating those jobs. "

The Briefing also provided Mr Brown with a quote from Jim Mccoll : " I would expect to be able to get some work in there that would allow us - probably in The First year to 18 Months - to get The Employee numbers up to about 100 or 120 people. "

The Scottish Government has repeatedly denied suggestions that it interfered in the award of the contracts, which would have been a breach of EU procurement laws.

Last Year a BBC Disclosure Documentary - - presented evidence that the procurement for the two ferries may have been rigged in favour of FMEL.

Mr McColl has previously told The Bbc that if This Was the case, it happened without his knowledge.

CMAL declined to comment on the latest documents, But noted that it had appointed a KC to investigate the allegations made in The Bbc Documentary . It said this investigation was ongoing.

A Scottish Government spokesperson said: " Ministers and CMAL have always been clear that they wanted to maximise competition for these contracts, including from FMEL as a local shipyard that had very recently been saved from closure by The Action of the Scottish Government and Mr McColl's Investment Company .

" FMEL still had to take part in an open and transparent procurement Process against A Number of rival bidders in order to win the contracts to build hulls 801 and 802. "

Related Topics

Source of news: bbc.com