704030450-Hawk TMk2A Release to Service

CPV: Aircraft operating services

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32009L0081 Defence and Security Public Contracts Regulations 2011 (Directive 2009/81/EC)

Procurement category

Services

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

23 May 2022, 16:35 BST

Last source update

23 May 2022, 16:35 BST

FTS notice number

2022/S 000-013919

Classification (CPV)

Aircraft operating services

Delivery area

North West (UKD4)

Official registry OCID

ocds-h6vhtk-033d04 Find a Tender

Why no open competition

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; The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

The UK Ministry of Defence intends to award a contract to BAE Systems (Operations) Limited for the estimated value of £1,639,000 ex VAT for the support for the Hawk TMk2A Release to Service. pursuant to the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) using the negotiated procedure without prior publication of a contract notice. 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). 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 16(1)(a)(ii) of the DSPCR 2011.

UK RAF QFIs and pilots are due to fly on the Qatari owned Hawk MK 167 aircraft on the Joint Hawk Training Squadron currently being stood up at RAF Leeming. Currently, this Hawk TMk2A variant aircraft does not have certification from the Military Aviation Authority (MMA) to operate safely in UK airspace. The UK MOD and 11 Sqn Qatar Emiri Air Force (QEAF) have a critical dependency on the Original Equipment Manufacturer (OEM) of the Hawk TMk2A BAE Systems, to certify the aircraft, when operated in accordance with the Release to Service Recommendation (RTSR), is airworthy and safe in all respects.

This procedure is considered justified for technical reasons under regulation 16 (1)(a)(ii) of the DSPCR 2011. In order to award a UK RTS, there must be adequate evidence artefacts provided by the OEM and accepted by the MAA and Release to Service Authority (RTSA) to support the airworthiness statements. BAES are the OEM and single supplier with the required detailed technical understanding of the aircraft and possession of the technical documentation for the required evidence. The award of this contract allows UK MOD personnel to operate the aircraft under a UK MOD governance framework.

• BAE Systems (Operations) LimitedAwarded supplier Warton, North West

No document links were published on the notice.