CONTRACT CHANGE FOR THE USE OF THE AERIAL VERIFICATION AND SPRAY SERVICE SPOTTER AIRCRAFT FOR MARITIME PATROL ACTIVITY

CPV: Anti-pollution ship services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

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

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

10 May 2021, 22:55 BST

Last source update

10 May 2021, 22:55 BST

FTS notice number

2021/S 000-010189

Classification (CPV)

Anti-pollution ship services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-02af3e Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The MCA’s Aerial Spray and Verification Contract, provided by RVL Aviation, relies on the use of a Spotter Aircraft for maritime patrol activity and to spot oil and perform a safety and targeting role during spray operations. Because of its role in spotting oil slicks, the aircraft, a Beechcraft King Air 200, is equipped to perform aerial reconnaissance missions. To make best use of the asset the aircraft is therefore used to conduct maritime reconnaissance missions on behalf of the MCA, supplementing the MCA’s Aerial Surveillance and Verification Contract. It is also made available for use by other government departments; the aircraft has conducted reconnaissance missions in support of fisheries enforcement, border protection and maritime law enforcement, on behalf of a number of other government stakeholders.

The UK Government have approached the MCA with a requirement to use the Spotter Aircraft to conduct a proof-of-concept trial on a radar system. The requirement is urgent, with a limited window of opportunity to conduct the trial over the summer months. The Spotter Aircraft RVL provide is already equipped with the fixed fittings required to carry the radar, so the installation and removal will be relatively quick and unintrusive, enabling the modifications to be made in time for the summer window. Furthermore, with capacity already available in this asset, the trial will not impact on the MCA’s own operational priorities. Upon conclusion of the trial after approximately 12 weeks of flight time, the radar and all associated equipment will be removed from the aircraft. If the trial is successful and the concept is proven, it is the UK Government’s intention to tender for an enduring requirement as an open competition.

MCA considers that this change is permitted on the basis that it is not substantial under Regulation 72(1)(e) as the change does not materially alter the original procurement or the scope of the services. The Contractor is using the same spotter aircraft to deliver the additional, short-term service and the increase in charges reflects only the increased flying hours and cost of the temporary modifications to the aircraft and as such the economic balance of the contract has not changed. The Spotter Aircraft already conducts reconnaissance on behalf of the MCA and other government departments, which it has done since the commencement of the contract and consequently there is no considerable extension of scope. This contract modification is simply to facilitate a specific, temporary requirement of another government partner. No new conditions have been added to the contract which would have altered the initial procurement had they been present at that stage – this is a short-term contract change which will not be enduring.

In any event, contracting for short-term additional aerial capacity through open competition would cause significant inconvenience for the MCA and a substantial duplication of costs. RVL is the only operator who can utilise existing spare capacity in the Spotter Aircraft provided under its Aerial Verification and Spray Service.

• RVL Aviation LimitedAwarded supplier01880927 East Midlands Airport, Building 21 Anson Rd, Derby, UK, DE74 2SA

No document links were published on the notice.