Atlas AC Loader In-Service Support VTN

CPV: Wheeled loaders

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

Goods

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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

9 Aug 2023, 08:04 BST

Last source update

9 Aug 2023, 08:04 BST

FTS notice number

2023/S 000-023160

Classification (CPV)

Wheeled loaders

Delivery area

UK

Official registry OCID

ocds-h6vhtk-03ee1f Find a Tender

Why no open competition

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 Delivery Team, part of the UK Ministry of Defence (“the Authority”) intends to contract with JBT Aerotech Ltd. on a single source basis for the provision of in-service support for the JBT ATLAS Loader vehicle from 09 Sept 23 to 09 Sept 25, with the inclusion of options to extend the contract by up to 24 months until 09 Sept 2027. The contract involves the maintenance and repair, calibration, in-service support, spares, post design activities, on-call technical support and technical documentation maintenance for the UK MOD ATLAS Loader fleet.

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 JBT Aerotech Ltd. is the Original Equipment Manufacturer (OEM) for this vehicle and provides both proprietary software and spares designs that are considered critical to the safe operation of the vehicle. 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 JBT Aerotech Ltd. 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

• JBT Aerotech LtdAwarded supplier Eagle House, Bridgend, Wales, CF33 6NU

No document links were published on the notice.