Public procurement notice: Additional Information
Published: 2020-04-07
Buyer: Ministry of Defence, DE&S Mat Strat, Merlin Project Team
Country: UK
Contract type: Services
Procedure: Negotiated without a prior call for competition
CPV classification: 34710000: Helicopters and aeroplanes

Technical requirements: Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
The Secretary of State for Defence intends to enter into a framework agreement with Leonardo MW Ltd, for the Merlin, Wildcat, Puma and Gazelle Helicopter Original/licensed Equipment Manufacturer, to carry out modifications to the Merlin, Wildcat, Puma and Gazelle helicopter fleets. The services to be performed under the contract comprise of project management, design, manufacture and embodiment of aircraft modifications; including all required flight safety and continuing airworthiness maintenance documentation introduced as a result of the modification of the aircraft. In addition, the contract will provide facilities at the contractor’s site in Yeovil Somerset UK to accommodate UK MOD and LMWL collocated aircraft support teams. It is considered that this framework agreement can be placed using the negotiated procedure without prior publication pursuant to Article 28(1)(e) of Directive 2009/81/EC (DSPCR 2011 Regulation 16(1)(a)(ii)) for technical reasons. Leonardo MW Ltd is the only economic operator capable of maintaining the airworthiness, safety and configuration management of the whole aircraft prior to first flight and its release back to the UK Ministry of Defence. Only Leonardo MW Ltd has the extensive in depth knowledge and specific know-how, proprietary information, aircraft specific tooling and airworthiness approvals required to carry out the required modification and supporting technical services.
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
The Secretary of State for Defence intends to enter into a framework agreement with Leonardo MW Ltd, for the Merlin, Wildcat, Apache, Puma and Gazelle Helicopter Original/licensed Equipment Manufacturer, to carry out modifications to the Merlin, Wildcat, Apache, Puma and Gazelle helicopter fleets. The services to be performed under the contract comprise of project management, design, manufacture and embodiment of aircraft modifications; including all required flight safety and continuing airworthiness maintenance documentation introduced as a result of the modification of the aircraft. In addition, the contract will provide facilities at the contractor’s site in Yeovil Somerset UK to accommodate UK MOD and LMWL collocated aircraft support teams. It is considered that this framework agreement can be placed using the negotiated procedure without prior publication pursuant to Article 28(1)(e) of Directive 2009/81/EC (DSPCR 2011 Regulation 16(1)(a)(ii)) for technical reasons. Leonardo MW Ltd is the only economic operator capable of maintaining the airworthiness, safety and configuration management of the whole aircraft prior to first flight and its release back to the UK Ministry of Defence. Only Leonardo MW Ltd has the extensive in depth knowledge and specific know-how, proprietary information, aircraft specific tooling and airworthiness approvals required to carry out the required modification and supporting technical services.
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
The Secretary of State for Defence intends to enter into a framework agreement with Leonardo MW Ltd, for the Merlin, Wildcat, Apache, Puma and Gazelle Helicopter Original/licensed Equipment Manufacturer, to carry out modifications to the Merlin, Wildcat, Apache, Puma and Gazelle helicopter fleets. The services to be performed under the contract comprise of project management, design, manufacture and embodiment of aircraft modifications; including all required flight safety and continuing airworthiness maintenance documentation introduced as a result of the modification of the aircraft. In addition, the contract will provide facilities at the contractor’s site in Yeovil Somerset UK to accommodate UK MOD and LMWL collocated aircraft support teams.
It is considered that this framework agreement can be placed using the negotiated procedure without prior publication pursuant to Article 28(1)(e) of Directive 2009/81/EC (DSPCR 2011 Regulation 16(1)(a)(ii)) for technical reasons. Leonardo MW Ltd is the only economic operator capable of maintaining the airworthiness, safety and configuration management of the whole aircraft prior to first flight and its release back to the UK Ministry of Defence. Only Leonardo MW Ltd has the extensive in depth knowledge and specific know-how, proprietary information, aircraft specific tooling and airworthiness approvals required to carry out the required modification and supporting technical services.
The authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.
Advertising Regime OJEU: This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-202046-DCB-16315921.
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
The Secretary of State for Defence intends to enter into a framework agreement with Leonardo MW Ltd, for the Merlin, Wildcat, Puma and Gazelle Helicopter Original/licensed Equipment Manufacturer, to carry out modifications to the Merlin, Wildcat, Puma and Gazelle helicopter fleets. The services to be performed under the contract comprise of project management, design, manufacture and embodiment of aircraft modifications; including all required flight safety and continuing airworthiness maintenance documentation introduced as a result of the modification of the aircraft. In addition, the contract will provide facilities at the contractor’s site in Yeovil Somerset UK to accommodate UK MOD and LMWL collocated aircraft support teams. It is considered that this framework agreement can be placed using the negotiated procedure without prior publication pursuant to Article 28(1)(e) of Directive 2009/81/EC (DSPCR 2011 Regulation 16(1)(a)(ii)) for technical reasons. Leonardo MW Ltd is the only economic operator capable of maintaining the airworthiness, safety and configuration management of the whole aircraft prior to first flight and its release back to the UK Ministry of Defence. Only Leonardo MW Ltd has the extensive in depth knowledge and specific know-how, proprietary information, aircraft specific tooling and airworthiness approvals required to carry out the required modification and supporting technical services.
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
The Secretary of State for Defence intends to enter into a framework agreement with Leonardo MW Ltd, for the Merlin, Wildcat, Apache, Puma and Gazelle Helicopter Original/licensed Equipment Manufacturer, to carry out modifications to the Merlin, Wildcat, Apache, Puma and Gazelle helicopter fleets. The services to be performed under the contract comprise of project management, design, manufacture and embodiment of aircraft modifications; including all required flight safety and continuing airworthiness maintenance documentation introduced as a result of the modification of the aircraft. In addition, the contract will provide facilities at the contractor’s site in Yeovil Somerset UK to accommodate UK MOD and LMWL collocated aircraft support teams. It is considered that this framework agreement can be placed using the negotiated procedure without prior publication pursuant to Article 28(1)(e) of Directive 2009/81/EC (DSPCR 2011 Regulation 16(1)(a)(ii)) for technical reasons. Leonardo MW Ltd is the only economic operator capable of maintaining the airworthiness, safety and configuration management of the whole aircraft prior to first flight and its release back to the UK Ministry of Defence. Only Leonardo MW Ltd has the extensive in depth knowledge and specific know-how, proprietary information, aircraft specific tooling and airworthiness approvals required to carry out the required modification and supporting technical services.
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
The Secretary of State for Defence intends to enter into a framework agreement with Leonardo MW Ltd, for the Merlin, Wildcat, Apache, Puma and Gazelle Helicopter Original/licensed Equipment Manufacturer, to carry out modifications to the Merlin, Wildcat, Apache, Puma and Gazelle helicopter fleets. The services to be performed under the contract comprise of project management, design, manufacture and embodiment of aircraft modifications; including all required flight safety and continuing airworthiness maintenance documentation introduced as a result of the modification of the aircraft. In addition, the contract will provide facilities at the contractor’s site in Yeovil Somerset UK to accommodate UK MOD and LMWL collocated aircraft support teams.