Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2021/S 000-025906/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 ACCOMM2B/0059 -18 Month Extension to existing capability for Test Fuchs Hydraulics Contract.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:757000.00
Currency:EUR
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Amendment 11 to ACCOMM2B/0059 -18 Month Extension to existing capability for Test Fuchs Hydraulics Contract.

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: Test Fuchs GMBH
Postal address: Unit 30 King Street Industrial Estate, King Street, Langtoft
Town: Peterborough
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: Defence, Equipment and Support
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-10-15

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 ACCOMM2/0059 with Test Fuchs GmbH for the In-Service Support of Test Fuchs Hydraulic Equipment from 31 Dec 21 to 31 Jun 23, in order to maintain an interim solution whilst negotiating a Single Source future contract. The VTN for the future contract will be published under separate cover via the Defence Sourcing Portal prior to 31 Jun 23.
It is considered that the contract can be extended using the negotiated procedure without prior publication of a contract notice pursuant to Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons, the contract may be awarded only to this particular economic operator. The reasons for this are as follows:
Test Fuchs GmbH is the Original Equipment Manufacturer (OEM) for a range of hydraulically operated ground support and test equipment that is currently in service with the Royal Air Force (RAF). The company’s range of equipment is used to operate and maintain aircraft hydraulic systems, pre and post-flight, and to test the suitability of hydraulically driven aircraft components and assemblies before they are returned to service following maintenance. The contract for the in-service support of this range of equipment covers annual maintenance, calibration, physical repairs and the updating of proprietary firmware and software, however, it does not cover the release of any proprietary information to third parties and hence the Authority does not have access to the data-packs associated with the equipment this OEM has in service with the RAF. Test Fuchs have confirmed they are not prepared to grant any such licences, therefore the Authority does not have access to the necessary proprietary information to carry out or compete this requirement.
Test Fuchs GmBH also maintains the complementary safety cases. There is a significant risk that if a third party took over the contract for in-service support that the functionality of the equipment would decline in-line due to the loss of proprietary information in the form of firmware and software upgrades that can only be provided by Test Fuchs GmBH. This means that the safety cases would, over time. Deteriorate. Maintaining the risk to human life at As Low As Reasonably Practicable (ALARP) and ‘tolerable’ would become increasingly unpredictable and hence accelerate the equipment’s removal from service. Placing a contract with Test Fuchs GmBH is the only means of maintaining the integrity of the equipment through to its natural Out of Service Date (OSD).