A400M MRO Upgrade · UK public procurement notice

CPV: Electromechanical equipment

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

Goods

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

11 Oct 2023, 11:47 BST

Last source update

11 Oct 2023, 11:47 BST

FTS notice number

2023/S 000-029942

Classification (CPV)

Electromechanical equipment

Delivery area

UK

Official registry OCID

ocds-h6vhtk-040afb 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 protection of exclusive rights, including intellectual property rights

Published justification

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.

• Planet Platforms LtdAwarded supplier Wakefield, UK

No document links were published on the notice.