MoD Defence Safety Authority Regulator to Regulator Advice, Guidance and Support.

CPV: Air-traffic control services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

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

15 Apr 2024, 13:47 BST

Last source update

15 Apr 2024, 13:47 BST

FTS notice number

2024/S 000-012173

Classification (CPV)

Air-traffic control services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-04523e Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The Defence Safety Authority, part of the Ministry of Defence (“the Authority”), intends to award a contract to the Civil Aviation Authority International (CAAi) to obtain advice, guidance and collaboration on UK and European Civil Aviation Safety, Regulation and Aircraft Certification for a period of 5 years. The estimated contract value is £250k excluding VAT.

In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). 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 (as required by the relevant legislation) is lawful in accordance with regulation 32(b)(ii) of the PCR 2015 because competition is absent for technical reasons.

The Military Aviation Authority (“MAA”) is part of the Defence Safety Authority and is responsible for the registration and regulation of UK military air systems. While the provisions of the Air Navigation Order made pursuant to the Civil Aviation Act (1982) regulate air navigation in the UK, they do not apply to the MAA. However, in accordance with the Secretary of State for Defence, Health, Safety, and Environment Protection policy statement, it is required that the Authority maintain arrangements that produce outcomes that are, so far as reasonably practicable, at least as good as those required by UK legislation. Consequently, the MAA has established a regulatory framework that reflects the system established by the European Aviation Safety Agency (EASA) for Civil Aviation. The CAAi is the only national authority to regulate UK civil aviation by the UK Government and EASA; therefore, they are the only authority what can provide the advice, guidance and collaboration on UK and European Civil Aviation Safety, Regulation and Aircraft Certification. Accordingly, this requirement can only be met by the CAAi.

• Civil Aviation Authority International (CAAi)Awarded supplier Aviation House, Beehive Ring Rd, Crawley, Gatwick, UK, RH6 0YR

No document links were published on the notice.