Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-012173/EN)
Nature of contract: Service contract
Procedure: Award of a contract without prior publication
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
Postal address: Kentigern House, 65 Brown Street
Town: Glasgow
Postal code: G2 8EX
Country: United Kingdom
Contact Person: Jack Davies
Email: jack.davies506@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: MoD Defence Safety Authority Regulator to Regulator Advice, Guidance and Support.
II.1.2) Main CPV code: 63732000
II.1.3) Type of contract Services
II.1.4) Short Description:
MoD Defence Safety Authority Regulator to Regulator Advice, Guidance and Support.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:250000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
MoD Defence Safety Authority Regulator to Regulator Advice, Guidance and Support.

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
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
(please complete point 2 of the Annex D)
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
Title: MoD Defence Safety Authority Regulator to Regulator Advice, Guidance and Support.

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-04-15
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Civil Aviation Authority International (CAAi)
Postal address: Aviation House, Beehive Ring Rd, Crawley
Town: Gatwick
Postal code: RH6 0YR
Country: United Kingdom
Nuts code:
The contractor is an SME: no

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: Ministry of Defence
Postal address: Kentigern House, 65 Brown Street
Town: Glasgow
Postal code: G2 8EX
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-04-15

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The procurement falls outside the scope of application of the directive

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 Defence Safety Authority, part of the Ministry of Defence (“the Authority”), intends to award a contract to the Civil Aviation Authority International (CAAi) to obtain advice, guidance and collaboration on UK and European Civil Aviation Safety, Regulation and Aircraft Certification for a period of 5 years. The estimated contract value is £250k excluding VAT.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). 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 (as required by the relevant legislation) is lawful in accordance with regulation 32(b)(ii) of the PCR 2015 because competition is absent for technical reasons.
The Military Aviation Authority (“MAA”) is part of the Defence Safety Authority and is responsible for the registration and regulation of UK military air systems. While the provisions of the Air Navigation Order made pursuant to the Civil Aviation Act (1982) regulate air navigation in the UK, they do not apply to the MAA. However, in accordance with the Secretary of State for Defence, Health, Safety, and Environment Protection policy statement, it is required that the Authority maintain arrangements that produce outcomes that are, so far as reasonably practicable, at least as good as those required by UK legislation. Consequently, the MAA has established a regulatory framework that reflects the system established by the European Aviation Safety Agency (EASA) for Civil Aviation. The CAAi is the only national authority to regulate UK civil aviation by the UK Government and EASA; therefore, they are the only authority what can provide the advice, guidance and collaboration on UK and European Civil Aviation Safety, Regulation and Aircraft Certification. Accordingly, this requirement can only be met by the CAAi.