Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-029942/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Town: Bristol
Country: United Kingdom
Email: DESA400M-ServiceDeliveryTeam@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: A400M MRO Upgrade
II.1.2) Main CPV code: 31720000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The A400M Delivery Team, part of the UK Ministry of Defence intends to place a new Contract with Planet Platforms for the creation and limited post-design services of a set of maintenance docking and staging bespoke to A400M Aircraft.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:4500000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The A400M Delivery Team, part of the UK Ministry of Defence intends to place a new Contract with Planet Platforms for the creation and limited post-design services of a set of maintenance docking and staging bespoke to A400M Aircraft. The estimated Contract value is £4.5M. It is considered that this Contract can be placed 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. This is due to Planet Platforms holding exclusive rights to the docking and staging required. It is necessary that the new units will be of similar design to the current docking and staging provided by Planet Platforms to ensure the safe handling and continued competence with the maintenance activities required for the A400M aircraft. The platforms age is still within the monopoly period for Unregistered Design Rights (UDR), and so, noting the degree of design freedom, it is considered that a new manufacturer is likely to infringe the OEMs UDR. Working at height is one of the major risks to life that the maintenance staff face therefore any differences in design between the docking and staging such as how gates operate, close, lock, how the staging fits together and attachment points for personnel to harness in, all create unacceptable human factors risks if there is a difference in the layout to the equipment. This could contribute to personnel doing these activities incorrectly and therefore increasing the risk of a fall. To contract with another organisation would necessitate a sufficiently different design so as not to impinge on UDR, the OEM of the current docking and staging for the A400M Aircraft is most appropriate to provide the new set.

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:2023-10-11
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Planet Platforms Ltd
Town: Wakefield
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
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-10-11

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:
protection of exclusive rights, including intellectual property rights

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 A400M Delivery Team, part of the UK Ministry of Defence intends to place a new Contract with Planet Platforms for the creation and limited post-design services of a set of maintenance docking and staging bespoke to A400M Aircraft. The estimated Contract value is £4.5M. It is considered that this Contract can be placed 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. This is due to Planet Platforms holding exclusive rights to the docking and staging required. It is necessary that the new units will be of similar design to the current docking and staging provided by Planet Platforms to ensure the safe handling and continued competence with the maintenance activities required for the A400M aircraft. The platforms age is still within the monopoly period for Unregistered Design Rights (UDR), and so, noting the degree of design freedom, it is considered that a new manufacturer is likely to infringe the OEMs UDR. Working at height is one of the major risks to life that the maintenance staff face therefore any differences in design between the docking and staging such as how gates operate, close, lock, how the staging fits together and attachment points for personnel to harness in, all create unacceptable human factors risks if there is a difference in the layout to the equipment. This could contribute to personnel doing these activities incorrectly and therefore increasing the risk of a fall. To contract with another organisation would necessitate a sufficiently different design so as not to impinge on UDR, the OEM of the current docking and staging for the A400M Aircraft is most appropriate to provide the new set.