PARIS — Czech aircraft maker Aero Vodochody said it plans to launch a legal challenge as an alleged “discrimination” and unclear terms of a French tender for military training aircraft rules hurt its offer of the L-39 New Generation trainer.
Aero had decided to pitch its L-39NG in the competition, the company said in a Sept. 7 statement.
“Unfortunately, on discovering what it considers to be major problems with the structure and conduct of the competition, Aero has decided to request an official inquiry into the legality of the tender process,” the company said.
Procurement Office Direction Générale de l’Armement, which is holding the competition, will make the pick. The aircraft will be used to train pilots for the Dassault Rafale fighter.
The criteria for a pre-selection draw on the Continuing Airworthiness regulations which apply to solely to civil aircraft builders but the competition is for military training aircraft, Aero said. The European Aviation Safety Agency sets out the regulations.
Applying those regulations is “completely irrelevant” and “clearly discriminates against purely military aircraft manufacturers,” the company said.
Aero sought clarification and correction of “inconsistencies and ambiguities” in tender documents but has received no reply, the company said.
There has been “unfair competition” as French officials had publicly stated alleged preferences for a particular supplier and its aircraft, the company said. “Unfortunately, in the case of this competition, Aero are already aware of the preferences expressed in a number of public sources, including one newspaper report, by senior officials of the intended customer.”
“That information is already in the public domain concerning the intended customer’s preference is a matter of considerable regret for Aero, as a fair competition is unlikely when it is subject to such biased public commentary,” the company said. “Such public statements of preference also undermine the competition process itself.
“Therefore, Aero has decided to take the necessary legal steps to request a review of, and revisions to, the tender.”
Aero has also asked the Czech authorities to work with the company and to question the legality of the tender.
Aero executives were not immediately available for comment and DGA declined comment.
Alenia Aermacchi, with its M-345, made a submission has submitted its candidacy, while BAE Systems would likely pitch the Hawk jet trainer. The Beechcraft T-6 Texan is also seen as a potential competitor.
Aero Vodochody To Challenge French Aircraft Tender
