ANES vs. SAOS
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8 January 2007
















































The rivalry between ANES with the boat "Proteus" and SAOS Ferries with the boat "SAOS II" for the subsidised Dodekanese routes (the "barren routes" as they are known in Greece) is still ongoing. As previously reported by SymiGreece (see 1st December and 30th November news reports), the tender by SAOS Ferries was declared invalid because it hadn't submitted on time a certificate from the shipyard confirming the boat's speed. The company filed an appeal to the Rhodes Port Authority (who is responsible for the tendering process) which was rejected. SAOS Ferries filed an official complaint to the Ministry of the Aegean and Island Policy which was accepted and the Ministry ordered the Rhodes Port Authority to accept the company's appeal. As a result, the dispute has now passed to the appeals committee which is expected to make the final decision.

The speed of SAOS II is the crucial issue in the dispute, as speed is one of the main contributors for awarding contracts in such tenders.

Just before the New Year, ANES issued a statement (addressed to the appeals committee) disputing SAOS Ferries' claims that SAOS II can reach a speed of 20.5 knots per hour. In their statement ANES says that the boat's speed is crucial becasue according to the tender, it would qualify for a 6-year contract and 300,000 Euros of extra subsidy per year as opposed to a 3-year contract if the speed were less than 20.5. Moreover, boats with a decalred speed of less than 20.5 would be automatically excluded from the process if a speedier boat submitted a tender. According to ANES, this would have meant an automatic contract for SAOS for a higher subsidy due to lack of competition of about 18,000,000 Euros for 6 years. In their statement ANES claim that this was the main reason (exclusion of other boats and higher subsidy money) behind SAOS Ferries declarion for a speed of 20.5 for their boat. In the New Year ANES sent an extrajudicial document to the Tendering and Appeals committees about the issue and enclosed an official document issued by the Ministry of Mercantile Marine, which they say proves that the maximum speed SAOS II can reach is 19 knots per hour.

A couple of days ago, Mr Fotis Manousis, the boss of SAOS Ferries sent a letter to the Tendering and Appeals Committees accusing ANES of "deceitful and legally prosecutable actions". In his letter, Mr Manousis says that the official document from the Ministry of Mercantile Marine that ANES submitted is misleading as it does not refer to the "maximum sea trials speed" but only to the "service speed". Mr Manousis argues that the maximum sea trials speed (of 20.5 knots per hour for SAOS II) is obtained momentarily under certain weather conditions and specific cargo when a boat cruises using 110% to 115% of it's main engine power according to measurements obtained by the shipyard as soon as it has been constructed. According to Mr Manousis, the tender for the subsidised routes specified that it is this "maximum sea trials speed" that will determine the boat's speed as far as the tendering process is concerned. He claims that the document submitted by ANES only refers to the "service speed" which is 19 knots per hour reflecting the maximum operational speed that the boat can reach during its trip between two ports (which according to Mr Manousis is irrelevant as far as the tendering requirements are concerned). On a different issue Mr Manousis claims that the supporting documents in the ANES's tender have a plethora of faults and mentions the lack of named shares as the most important one which he claims should invalidate ANES participation in the tendering process.

It seems that the decision to awarding the contract for the subsidised Dodekanese routes may well depend on the definition/interpretation of "speed". The decision by the Appeals Committee is expected before the end of January.