Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2016/S 238-434448/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

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

Directive 2009/81/EC

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Weapons, Defence General Munitions (DGM) Project Team
Postal address: #4115, Fir 1c, ABW
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067983949
Email: DESWpnsDGM-ComrclMultiuser@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: DGM/1842 — Procurement of 4.6mm Rounds.

Reference number: DGM/1842
II.1.2) Main CPV code: 35330000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
DGM/1842 — Procurement of 4.6mm Rounds.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:194467
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
DGM/1842 — Procurement of 4.6mm Rounds.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
3 years Firm and 4 years Options.

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: DGM/1842
Title: Procurement of 4.6mm Rounds

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2016-12-07
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: RUAG Ammotec
Town: Thun
Postal code: 3602
Country: Switzerland
Nuts code: UKK11
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Total value of the contract/lot/concession:1194467
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-2016128-DCB-9205851.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Weapons, Defence General Munitions (DGM) Project Team
Postal address: Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067983949

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, Weapons, Defence General Munitions (DGM) Project Team
Town: Bristol
Country: United Kingdom
Telephone: +44 3067983949

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, Weapons, Defence General Munitions (DGM) Project Team
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2016-12-08

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:
protection of exclusive rights, including intellectual property rights

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 Secretary of State for Defence, through the Defence General Munitions Project Team, part of the UK Ministry of Defence (‘MOD’), intends to award a 7 year Contract to RUAG Ammotec for the supply of 4.6mm Ball and Blank rounds. The value of the Contract is 1 194 467.00 GBP Ex-VAT.
It is considered that this 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 and reasons connected with the protection of exclusive rights. RUAG Ammotec are the Original Equipment Manufacturer and holder of a patent in respect of these 4.6mm rounds, which are the only ones that are compatible with the existing weapon system and meet user requirements. The required rounds cannot be purchased from another source and no licences have been granted to any other party, including the MOD, to use the drawings, specifications and/or other intellectual property necessary for another contractor to be able to provide rounds that would meet the MOD’s requirements.