Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2016/S 244-446626/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, Ships, Maritime Combat Systems (MCS) Team
Postal address: Defence Equipment and Support, Birch 1b #3133, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Mark Finnis
Telephone: +44 3067986687
Email: desshipscomrcl-mcs-ci-1c@mod.uk
Nuts code: UKJ31
Internet address(es):
Main address: www.contracts.mod.uk

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: Command Management System (CMS) Joint Support Solution 2 (JSS2).

Reference number: MCS/1041
II.1.2) Main CPV code: 35710000
II.1.3) Type of contract Services
II.1.4) Short Description:
Provision of in service support to Naval Command Management Systems and associated 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:120000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKJ31 Main site or place of performance:Portsmouth.

II.2.4) Description of the procurement
Provision of in service support to CMS in RN Ships (Type 23, Type 45, RFA Argus, LPD, LPH, Mine Hunters, Mine Countermeasures) and Land Based systems and associated systems. Equipment to be supported include: CMS and their associated hardware and internal interfaces, T45, T23 and LPX Data Transfer System and T45 Tactical Data Link System. Support includes software technical refreshes and updates, technical support, repair, maintenance and replacement of hardware and design changes. This contract is included within an initial roll-out of a cyber protection processes. Its cyber risk level is identified as moderate. The Prime Contractor will need to meet this requirement and potential sub contractors may also therefore need to complete a Supplier Assurance Questionnaire. More information contact MOD Cyber Industry team ISSDes-DCPP@mod.uk More information about can be found at:

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Options will be included in the Contract for full support to T45 CMS and support to QEC: CMS, Internal Network Electronics, Tactical Data Link and Air Traffic Control system. There will also be an option to extend the duration of the Contract for 1 additional year.

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: yes
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:2016-12-14
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 Surface Ships
Postal address: Apex Towers, 7 High Street
Town: New Malden
Postal code: KT3 4LH
Country: United Kingdom
Nuts code: UKJ31
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:120000000
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-20161215-DCB-9243773.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Ships, Maritime Combat Systems (MCS) Team
Postal address: Ash 0c #3016, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067986687
E-mail: desshipscomrcl-mcs-6@mod.uk

VI.5) Date of dispatch of this notice:
2016-12-15

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 Maritime Combat Systems, part of the UK Ministry of Defence, intends to place a contract with BAE Systems Surface Ships Limited (‘the Company’) for the continued in service support (to include software technical refreshes and updates, technical support, repair, maintenance and replacement of hardware and design changes) of Naval Command Management Systems and associated systems (‘CMS’). The contract will be for a period of 6 years with the option to extend the duration by one additional year with an estimated value of 120 000 000 GBP.
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 of the European Parliament and of the Council (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011) for technical reasons. The Company is the only economic operator that holds the design information that is necessary to support the CMS. Only the Company has all the necessary information, knowledge, technical know-how and skills to safely support and ensure the continued functionality of the CMS and provide the in service support within the Ministry of Defence’s time-scales.