Description of how these justifications apply
The Royal Navy, part of the UK Ministry of Defence, intends to award a 5 year contract with a value of £590,689.00 to GE Power Conversion (GEPC) for the Provision of Tide Class Switchboards and Converter Training for RFA Personnel As a covered procurement, this procurement falls to be regulated under the provisions of the Procurement Act 2023.
It is considered that the direct award of the contract is lawful in accordance with regulation 41 and paragraph 6 of Schedule 5 of the Procurement Act 2023.
(a) Absence of competition for technical reasons
GE Power Conversion (GEPC) is the Original Equipment Manufacturer (OEM) of the Tide Class switchboard and converter systems installed across RFA vessels. The training requirement relates to the safe operation and maintenance of these systems, which incorporate proprietary design data, software, and control logic owned by GEPC.
GEPC retains exclusive control over the provision of OEM-certified training and does not authorise third-party providers to deliver this training. No alternative suppliers have been identified that are able to access the necessary proprietary information or provide training certified as compliant with OEM requirements.
(b) No reasonable alternatives
The use of a non-OEM training provider would introduce significant technical and operational risks, including:
• Loss of configuration control and system assurance
• Potential invalidation of safety and compliance certification
• Increased risk of incorrect operation of safety-critical electrical systems
Alternative approaches, including internal delivery or use of generic training providers, are not viable due to the lack of access to OEM-controlled technical data and system-specific configurations.
Accordingly, only the OEM can deliver the requirement without disproportionate technical and safety risk, and no reasonable alternatives exist.