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It is considered that the contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011) for technical reasons. The Technical reasons being that LMUKA are deemed to be the only competent and viable organisation within the UK market to carry out the technical work needed to meet the requirements. LMUKA have successfully met the requirement for the last 50 years and throughout this period LMUKA has built up a significant knowledge base, both in Suitably Qualified Experienced Personnel (SQEP) working the programme, and in auditable documentation, processes and retained data. It would take a significant period (10 years or more) for another organisation to build a comparable knowledge base.
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