Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2021/S 000-028980/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Town: Bristol
Country: United Kingdom
Email: darren.brice-taylor100@mod.gov.uk
Internet address(es):
Main address:

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: ACCOMM2B/0059-18 Month Extension
II.1.2) Main CPV code: 50000000
II.1.3) Type of contract Services
II.1.4) Short Description:
Amendment 11 to ACCOMM2/0061 -18 Month Extension to existing capability for the support of mobile & fixed aircraft hydraulic servicing equipment
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2750000.00
Currency:EUR
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Amendment 11 to ACCOMM2/0061 -18 Month Extension to existing capability for Amendment 11 to ACCOMM2/0061 -18 Month Extension to existing capability for the support of mobile & fixed aircraft hydraulic servicing equipment

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: no
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:2021-10-15
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Sun Test Systems B.V.
Postal address: | Nijverheidslaan 17 | 1382 LG Weesp
Town: The Netherlands
Country: United Kingdom
Nuts code:
The contractor is an SME: yes

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
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
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties

Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Defence, Equipment and Support
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-11-19

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

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(for services and supplies only)
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 (“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