Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2016/S 226-412817/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services
Directive 2009/81/EC

Directive 2009/81/EC

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Air Support, Air Commodities Project Team (AC PT)
Postal address: Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Lucy Coulson
Telephone: +44 1179132548
Email: DESASAC-ComrclCI2a2@mod.uk
Nuts code: UKK11
Internet address(es):
Main address: www.contracts.mod.uk

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Demand Order Repair and/or Conversion of A/C Wheels, Brakes, Pneumatic and Hydraulic Equipment, A/C Controls and Handles and Windscreen Wipers.
II.1.2) Main CPV code: 50116200
II.1.3) Type of contract Services
II.1.4) Short Description:
Demand Order Repair and/or Conversion of A/C Wheels, Brakes, Pneumatic and Hydraulic Equipment, A/C Controls and Handles and Windscreen Wipers.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2436363
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKG33 Main site or place of performance:Coventry.

II.2.4) Description of the procurement
24 month extension to Meggit Aircraft Braking Division for the Demand Order Repair and/or Conversion of A/C Wheels, Brakes, Pneumatic and Hydraulic Equipment, A/C Controls and Handles and Windscreen Wipers.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without publication of a contract notice(in accordance with Article 28 of Directive 2009/81/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2007-09-14
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Meggit Aircraft Braking Division
Town: Coventry
Postal code: CV6 4AA
Country: United Kingdom
Nuts code: UKG33
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Total value of the contract/lot/concession:2436363
Currency:GBP
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary information
VI.3) Additional information:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU:- This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-20161122-DCB-9147758.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Air Support, Air Commodities Project Team (AC PT)
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2016-11-22

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without publication of a call for competition in accordance with
Article 28 of Directive 2009/81/EU
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
The Air Commodities Team, part of the UK Ministry of Defence (MoD), intends to award a 24 month extension to Meggit Aerospace Breaking Division for the Demand Order Repair Contract commencing January 2017.
It is considered that this extension can be awarded using the negotiated procedure without prior publication of a contract notice pursuant to Article 32(2)(b)(ii) of Directive 2014/24/EU of the European Parliament and of the Council (Regulation 32(2)(b)(ii) of the UK Public Contracts Regulations 2015) for technical reasons. This is due to a strict technical impracticality for any other economic operator to undertake the work required within this proposed contract. The requirement to obtain the necessary licenses, tools, test equipment and knowledge to undertake PDS activities would not be achievable. This would impact the users’ ability to safely operate the affected aircraft, which would result in aircraft being grounded and capability being lost.
Another economic operator would not have the knowledge and in-use reliability data to be able to undertake fault investigations which could result in the grounding of the aircraft and the Authority would not be able to fulfil its safety requirements to ensure the safe functioning of the affected air platforms. As a result, Meggit Aerospace Breaking Division is the only company with the product expertise to undertake PDS activities for the equipment covered by the scope of this requirement.