CHC/646 COBRA - Bottle Reconditioning

CPV: Repair and maintenance services of tanks

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

9 Jun 2022, 17:20 BST

Last source update

9 Jun 2022, 17:20 BST

FTS notice number

2022/S 000-015929

Classification (CPV)

Repair and maintenance services of tanks

Delivery area

UK

Official registry OCID

ocds-h6vhtk-0344de Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Negotiated procedure without publication of a contract notice

• The products involved are manufactured purely for the purpose of research, experiment, study or development
• The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons

The Secretary of State for Defence (the ‘Authority’) intends to enter into a contract with AMETEK Aerospace and Defense (‘AMETEK’) for the reconditioning of COBRA Fire Extinguisher bottles to support the COBRA Ballistic Fuel Tank Fire Suppression System, onboard the UK Chinook Fleet. The proposed contract term is placed on an interim basis and the contract value is estimated to be £0.4M.

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 (in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 due to technical reasons.

AMETEK are the original equipment manufacturers and Design Authority of the COBRA Fire Extinguisher Bottles on the UK Chinook aircraft. As such, the reconditioning of these bottles can only be carried out by AMETEK as AMETEK exclusively holds the relevant skills, technical data, proprietary information (including drawing and design information) and know-how that are needed to meet the requirement. AMETEK previously confirmed that it is not prepared to share or license the use of that proprietary information outside of the Company and the UK Ministry of Defence does not have a right to obtain the necessary documentation from AMETEK. The aforementioned skills, technical data, drawing and design information are necessary for the performance of the requirement. Furthermore, only AMETEK holds the level of certification (under the Authority's Maintenance Approved Organisation (MAOS) Schemes) necessary to carry out the activities that are required in order to meet the Military Aviation Authority’s Regulatory Articles applicable to the Equipment. It is not possible for another company to obtain the relevant level of certification without access to the skills, knowledge and technical information that only AMETEK hold.

• AMETEK Airtechnology Group LtdAwarded supplier Sunbury on Thames, UK

No document links were published on the notice.