ACCOMM2B/0059-18 Month Extension · UK public procurement notice

CPV: Repair and maintenance services

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32009L0081 Defence and Security Public Contracts Regulations 2011 (Directive 2009/81/EC)

Procurement category

Services

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

19 Nov 2021, 22:45 GMT

Last source update

19 Nov 2021, 22:45 GMT

FTS notice number

2021/S 000-028980

Classification (CPV)

Repair and maintenance services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-02f8a3 Find a Tender

Why no open competition

No tenders or no suitable tenders/requests to participate in response to negotiated procedure with prior publication of a contract notice; The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive; The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

The Air Commodities Team, part of the UK Ministry of Defence (“the Authority”) intends to extend the existing contract ACCOMM2/0061 with Sun Test Systems B.V from 31 Dec 21 to 31 Jun 23. The contract involves the maintenance and repair, calibration, in-service support, spares, post design activities, on-call technical support and technical documentation maintenance for a wide range of Mobile Hydraulic Servicing Equipment, used in the maintenance of all Rotary Wing, Hawk and BBMF aircraft and their associated components.

In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (in particular by SI 2019/697 and SI 2020/1450). Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that the award of the contract without prior publication of a contract notice in the UK e-notification service is lawful in accordance with Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 due to technical reasons.

This is because Sun Test Systems B.V. is the Original Equipment Manufacturer (OEM) for this hydraulically operated ground support and test equipment that is currently in service with the Royal Air Force (RAF). The existing contract for the in-service support of this range of equipment does not cover the release of any proprietary information to 3rd parties and hence the Authority does not have access to the data-packs associated with the equipment and Sun Test Systems have confirmed they are not prepared to grant any such licences. The OEM also maintains the complementary Safety Cases, and there is a significant risk that if a third party took over the contract for in-service support without the data-packs, these Safety Cases would over time deteriorate, as the functionality of the equipment declines in line with the loss of proprietary information in the form of firmware and software upgrades. This would result in an unacceptable level of risk to human life and accelerate the equipment’s removal from service. A Single Source solution is the only means of maintaining the integrity of the equipment through to its natural Out of Service Date

• Sun Test Systems B.V.Awarded supplier | Nijverheidslaan 17 | 1382 LG Weesp, The Netherlands, UK

No document links were published on the notice.