Section one: Contracting authority/entity
one.1) Name and addresses
Ministry of Defence
Bristol
DESA400M-ServiceDeliveryTeam@mod.gov.uk
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
https://www.gov.uk/government/organisations/ministry-of-defence
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Defence
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
A400M MRO Upgrade
two.1.2) Main CPV code
- 31720000 - Electromechanical equipment
two.1.3) Type of contract
Supplies
two.1.4) Short description
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.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £4,500,000
two.2) Description
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
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.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated procedure without publication of a contract notice
- 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
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
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.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
11 October 2023
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Planet Platforms Ltd
Wakefield
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £4,500,000
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Ministry of Defence
Bristol
Country
United Kingdom