Untitled procurement · UK public procurement notice

CPV: Defence services, military defence services and civil defence services · Maintenance services of radio-communications 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

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

26 Apr 2023, 11:10 BST

Last source update

26 Apr 2023, 11:10 BST

FTS notice number

2023/S 000-011942

Classification (CPV)

Defence services, military defence services and civil defence servicesMaintenance services of radio-communications equipment

Delivery area

UK

Official registry OCID

ocds-h6vhtk-03c43b Find a Tender

Why no open competition

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 Communications & Situational Awareness (CSA) Project Team within Defence Equipment & Support (DE&S),part of the UK Ministry of Defence, (“the Authority”) intends to award a contract (the Contract) to Park Air Systems Ltd (“the Contractor”) for the combined support of very high frequency and ultra high frequency

(VUHF) communications equipment. The Contract will extend the services currently provided to the Authority by the Contractor for a further period of two years to 31st March 2025 with a further two option years included to 31 March 2027.

A separate contract (CSA/1093) for V/UHF Capability Replacement (VCR) project is rolling out to MCMV’s, Type 23s and RFA Platforms however the Landing Platform Dock (LPD) class (HMS Albion and HMS Bulwark) is not included in the scope. Therefore, the purpose of the Contract is for repair and technical support of the legacy V/UHF equipment for the LPD class.

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 (as required by in accordance with the relevant legislation) is lawful in accordance with

regulation 16(1)(a)(ii) of the DSPCR 2011 because the Contract may be awarded only to the Contractor for technical reasons.

This is on the basis that the Contractor, the Original Equipment Manufacturer (OEM), for this equipment, have sole capability of performing the contract. No other supplier has access to the specific repair moulds or any information to reverse engineer as these are bespoke to Contractor. Replacement of the existing legacy

equipment is now done through repair and parts salvaged from items deemed beyond economical repair with no spares supply available on the market. The Contractor owns the IPR imbedded in the software within the legacy equipment, own all supporting documentation/manuals needed to maintain it and possess the SQEP

technical expertise to carry out the repair activity at the sole repair facility.

• Park Air Systems LtdAwarded supplier Northfields, Market Deeping, Peterborough, PE6 8UE

No document links were published on the notice.