Modification and Future Maintenance of the Fume Extraction Cabinets

The Air Commodities team, part of the Ministry of Defence, intends to enter into a contract with Fumecare Ltd (Fumecare) for the modification and future maintenance of the Fume Extraction Cabinet SP130 (7359-99-8394223 GSE Type Code WAX) (Cabinet). The contract will be an initial 5 years with 4 additional option years to be taken in 1 year increments at the Authorities discretion and have a value of approximately £551,000 (Ex 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(2)(b)(ii) of the Public Contracts Regulations 2015 because competition is absent for technical reasons. This is because Fumecare is the Original Equipment Manufacturer (OEM) of the Cabinet and has supported it since it was introduced into service in 1997. Only the OEM has the drawings, information, technical expertise, and tools necessary to support this critically important piece of safety equipment which is used to remove toxic dust, fumes and aerosol vapours when testing aircraft components for early signs of failure such as cracks and metal fatigue. In particular, due to the age of the Cabinet, certain of its key electronic components are now obsolete and only the OEM has the expertise to upgrade them to the required technical and safety standards.