Airwave launches legal action over `fairness` of ESMCP award

One of the unsuccessful bidders for the Government’s Emergency Services Mobile Communications Programme (ESMCP) is challenging the fairness of the Home Office’s decision to award the contract elsewhere.

A spokesperson for Airwave confirmed it had issued a claim against the Home Office relating to the procurement of Lot 3 of the proposed Emergency Services Network.

Lot 3 – the 4G network expected to replace Airwave’s Tetra (terrestrial trunked radio) services – was awarded to mobile phone giants EE after Telefonica’s decision to withdraw left them as the only bidder.

Airwave said it does not believe bidders were given equal treatment under UK procurement laws and they made a claim in order to protect their position for any loss suffered.

The company announced its intention to bid for Lot 3, but were not invited to proceed beyond the invitation to tender stage.

The first hearing was held at the High Court last week.

A Home Office spokesperson said it will “vigorously contest” the challenge.

“We can confirm Airwave Solutions Ltd has challenged the award to EE of Lot 3 of the ESMCP,” they said.

“We are confident we have identified suppliers who can deliver a service which will improve public safety and cost considerably less than current arrangements.”

The Home Office will be seeking the earliest possible hearing and will also be seeking damages to protect them from any delay costs as a result of this challenge.

A formal announcement of the winners of Lots 2 and 3 was expected to take place shortly. However, the Home Office confirmed the procurement program will be suspended until the action is resolved.

In August, procurement, engineering and construction company KBR was awarded Lot 1 of the ESN.

Motorola is the only company bidding for Lot 2 which covers the provision of user services for ESN, while Lot 4 – an extension to mobile services to guarantee a signal in areas with poor or non-existent mobile coverage – was scrapped after Lot 3 bids were already found to offer “unexpected and significant improvements in poor signal areas”.