Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2016/S 181-325946/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, Joint Sensor and Engagement Networks Team (JSENS)
Postal address: #0012 McIntosh Level 0, MOD Abbey Wood, Filton
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Email: DESJSENS-SACC-Comrcl-CP3@mod.uk
Nuts code: UKK1
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: Provision of Support to the Ground Based Air Defence Battlefield Information System Application.

Reference number: JSENS/00128
II.1.2) Main CPV code: 71336000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Joint Sensors and Engagement Networks (JSENs) Team, part of the UK Ministry of Defence (the Authority), intends to place a new Contract with BAE Systems Integrated Systems Technologies Limited (the Contractor) for continued in-service support and provision of software licences and equipment for the Ground Based Air Defence Battlefield Information System Application. This support will include modification to the software to ensure it remains compatible with the Bowman system on which it is hosted, as that system undergoes mid-life software update.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3200000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKJ23 Main site or place of performance:Surrey.

II.2.4) Description of the procurement
The Joint Sensors and Engagement Networks (JSENs) Team, part of the UK Ministry of Defence (the Authority), intends to place a new Contract with BAE Systems Integrated Systems Technologies Limited (the Contractor) for continued in-service support and provision of software licences and equipment for the Ground Based Air Defence Battlefield Information System Application. This support will include modification to the software to ensure it remains compatible with the Bowman system on which it is hosted, as that system undergoes mid-life software update.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
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
Contract No: JSENS/00128
Title: Provision of Support to the Ground Based Air Defence Battlefield Information System Application

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2016-09-15
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: BAE Systems Military Air & Information
Postal address: Victory Point, Lyon Way, Frimley, Surrey
Town: Camberley
Postal code: GU16 7EX
Country: United Kingdom
Nuts code: UKJ23
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: 3200000
Total value of the contract/lot/concession:3200000
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-2016916-DCB-8801291.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, ISTAR, Joint Sensor and Engagement Networks Team (JSENS)
Town: Bristol
Country: United Kingdom

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, ISTAR, Joint Sensor and Engagement Networks Team (JSENS)
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2016-09-16

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
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

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 Joint Sensors and Engagement Networks (JSENs) Team, part of the UK Ministry of Defence (the Authority), intends to place a new Contract with BAE Systems Integrated Systems Technologies Limited (the Contractor) for continued in-service support and provision of software licences and equipment for the Ground Based Air Defence Battlefield Information System Application. This support will include modification to the software to ensure it remains compatible with the Bowman system on which it is hosted, as that system undergoes mid-life software update.
It is considered that this requirement can be placed using the negotiated procedure without prior publication 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) and Article 28(3)(a) of Directive 2009/81/EC (Regulation 16(1)(b)(i) of the Defence and Security Public Contracts Regulations 2011) for technical reasons.
Although the MoD has user rights to elements of the software, there remain other non-separable software elements over which BAES retain exclusive rights and MoD’s licences to those elements do not permit the Department to provide access to the software to any third party. It is not possible to view the different software elements in isolation, as the existing GBAD BISA software is a single application, which is subsequently incorporated onto the Bowman platform. The software elements are integrated into a seamless software build and, as such, it is not possible to split out the elements, isolate them, and support them individually. Thus, the Contractor is the only economic operator that has at its disposal the technical know-how to support and modify the integrated software.