Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2016/S 174-313518/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services
Directive 2009/81/EC

Directive 2009/81/EC

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, ISTAR, Chemical, Biological, Radiological and Nuclear Delivery Team (CBRN DT)
Postal address: Yew 3A #1342, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Miles Collinson
Telephone: +44 3067985447
Email: DESCBRN-Comrcl-CP3@mod.uk
Nuts code: UKK11
Internet address(es):
Main address:

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: CBRN/00215 APED In-Service Support.

Reference number: CBRN/00215
II.1.2) Main CPV code: 35813000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Chemical, Biological, Radiological and Nuclear Delivery Team (CBRN DT) has a requirement to sustain Aircrew Protective Equipment for a period of 4-5 years commencing Jan 17.
The equipment is used by aircrew flying battlefield support helicopters, providing each crewman with a bespoke MAHIS (Military Aircrew Helmet Impact Standard) compliant flight helmet integrated to a Faceshield Respirator (FSR) and a Manside System (comprising a CBRN Air Filter, Blower, Battery and Battery Interface assemblies). This equipment provides the equipped aircrew with a CBRN respirator system integrated with, but operating independently of the aircraft’s systems.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3166000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKK11 Main site or place of performance:Bristol, City of.

II.2.4) Description of the procurement
Military helmets. The Chemical, Biological, Radiological and Nuclear Delivery Team (CBRN DT) has a future requirement to sustain Aircrew Protective Equipment for a period of 4-5 years commencing Jan 17.
The equipment is used by aircrew flying battlefield support helicopters, providing each crewman with a bespoke MAHIS (Military Aircrew Helmet Impact Standard) compliant flight helmet integrated to a Faceshield Respirator (FSR) and a Manside System (comprising a CBRN Air Filter, Blower, Battery and Battery Interface assemblies). This equipment provides the equipped aircrew with a CBRN respirator system integrated with, but operating independently of the aircraft’s systems.
The system was introduced into service in 2012 and equips 3 UK military formations, the current build standard was defined and frozen at the completion of the project’s assessment phase (Apr 2015). This contract is designed to maintain the availability of the system at this build standard.

II.2.5) Award criteria
The most economically advantageous tender in terms of Criterion: Criterion 1 /Weighting: 10

II.2.11) Information about options
Options:yes
Description of options:
It is anticipated that the initial contract duration shall run from January 2017 until March 2021. The Authority shall have an irrevocable option to extend the contract for a further year until March 2022.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without publication of a contract notice(in accordance with Article 28 of Directive 2009/81/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2016-09-06
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Crew Systems Corporation
Postal address: 10 Enterprise Drive
Town: Carbondale
Postal code: PA 18407
Country: United States
Nuts code: UKK11
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Initial estimated total value of the contract/lot/concession: 3166000
Total value of the contract/lot/concession:3166000
Currency:GBP
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary information
VI.3) Additional information:
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-201697-DCB-8746734.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, ISTAR, Chemical, Biological, Radiological and Nuclear Delivery Team (CBRN DT)
Postal address: Yew 3a #1342, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2016-09-07

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without publication of a call for competition in accordance with
Article 28 of Directive 2009/81/EU

No tenders or no suitable tenders/requests to participate in response to:
restricted procedure

3.Explanation
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:
The Defence Equipment and Support (‘DE&S’), Chemical, Biological, Radiological and Nuclear Delivery Team (‘CBRN DT’), which is part of the UK Ministry of Defence (the ‘MOD’), intends to award a contract to Crew Systems Corporation (the ‘Company’) for Aircrew Protective Equipment and Detection (APED) Above Neck System (ANS) In-Service Support (the ‘Contract’). The term of the Contract is 4 years with a 1 year option period.
It is considered that this contract may be entered into using the negotiated procedure without prior publication pursuant to Article 28(1)(a) of Directive 2009/81/EC of the European Parliament and of the Council (Regulation 16(1)(a)(i) of Defence and Security Public Contracts Regulations 2011) in the absence of suitable tenders in response to a restricted procedure conducted by the MOD. The MOD publicised its intention to seek offers in relation to the Contract in a contract notice published in the Official Journal on 22.1.2016 and issued its Invitation to Tender on 12.5.2016. The Company alone submitted a compliant tender, but its tender was not suitable on affordability grounds. The terms of the proposed Contract offered in the discontinued procedure have not been substantially altered in the negotiated procedure conducted under Article 28(1)(a) of Directive 2009/81/EC of the European Parliament and of the Council (Regulation 16(1)(a)(i) of Defence and Security Public Contracts Regulations 2011).