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Type of document: Contract Notice
Country: United Kingdom

UK-Bristol: Parts for warships.

Preliminary Questions
This notice is published by:
Directive 2009/81/EC

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, Ships, Queen Elizabeth Class
Abbeywood South, Filton, Bristol, BS34 8JH, United Kingdom
Email: DESShipsComrcl-Acq-QEC@mod.gov.uk
Main Address:
NUTS Code: UKK11

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: SHIPACQ173 – Initial Provisioning Spares for QEC Aircraft Carrier – Hull Valves.
Reference number: Not Provided

II.1.2) Main CPV code:
35520000 – Parts for warships.

II.1.3) Type of contract: SUPPLIES

II.1.4) Short Description: Initial Provisioning Spares for QEC Aircraft Carrier – Hull Valves.

II.1.6) Information about lots
This contract is divided into lots: No

II.1.7) Total value of the procurement (excluding VAT)
Value: 1,935,364.44
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UKK11 Bristol, City of

II.2.4) Description of the procurement:
Not provided

II.2.5) Award criteria
(Directive 2009/81/EC)

The most economically advantageous tender in terms of: Criterion – Weighting

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

II.2.14) Additional information:
Not provided

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/EC)

IV.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement: No

IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No

IV.2)Administrative Information

IV.2.1) Previous publication concerning this procedure:
Notice number in OJ S: 2016/S 101 – 180507

Section V: Award Of Contract/Concession

Award of Contract/Concession No: 1
Contract No: Not Provided Lot Number: Not Provided Title: Not Provided

V.2) Award of contract/concession

V.2.1) Date of contract award decision: 11/10/2017.

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/concessionaire, No. 1:
Score Marine Limited
Glenugie Engineering Works, Burnhaven, Peterhead, AB42 0YX, United Kingdom
Tel. +44 1779485501
NUTS Code: UKM50
The contractor/concessionaire will be an SME: No

V.2.4) Information on value of the contract/lot/concession:
Initial estimated total value of the contract: Not Provided
Total value of the contract/lot/concession 1,935,364.44
Currency: GBP

V.2.5) Information about subcontracting:
The contract is likely to be subcontracted: No

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
VI.4) Procedures for review

VI.4.1) Review Body
Ministry of Defence, Ships, Queen Elizabeth Class
Abbeywood South, Filton, Bristol, BS34 8JH, United Kingdom

V1.4.2) Body responsible for mediation procedures:
Not Provided .

VI.4.3) Review procedure
Not Provided

VI.4.4) Service from which information about the review procedure may be obtained
Not Provided

VI.5) Date of dispatch of this notice: 12/10/2017

Annex D3 – Defence and Security
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2009/81/EC

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/EC

No tenders or no suitable tenders/requests to participate in response to: Not Provided

The contract concerns research and development services other than those referred to in Article 13 of Directive 2009/81/EC: No

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive: No

All tenders submitted in reply to a restricted procedure, negotiated procedure with prior publication of a contract notice or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: No

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

The periods for the restricted procedure and the negotiated procedure with prior publication of a contract notice are incompatible with the urgency resulting from a crisis: No

Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive: No

Additional deliveries by the original supplier ordered under the strict conditions stated in the directive: No

New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive: No

Procurement of supplies quoted and purchased on a commodity market: No

Purchase of supplies or services on particularly advantageous terms: Not Provided

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: (500 words maximum)
Ship Acquisition, part of the UK Ministry of Defence (MOD), intends to place a contract (the “Contract”) with Score Marine Limited (company number: SC229821) (the “Company”) for the supply of spare components (the “Goods”) for Hull Valves (which are parts associated with QEC Wholeship Valves) installed and manufactured by the Company on the Queen Elizabeth (QE) Class Aircraft Carriers. The mechanical and electrical sub-systems of the Wholeship Valves consist of Electrically Actuated Flow Control Valves, Dynamic Balancing Valves, AVTUR Tank Bursting Disc Holder Assembly, Walton Control Unit, Rotork Profibus Actuator Valve Test Kit, Hull Valves and includes parts associated with the Wholeship valves. The estimated contract value of £2M (two million pounds) and a duration of 2 (two) years.

It is considered that the Contract can be entered into using the negotiated procedure without prior publication of a contract notice pursuant to (a) Article 28(3)(a) of Directive 2009/81/EC (Regulation 16(1)(b)(i) of the Defence and Security Public Contracts Regulations 2011); and (b) 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. This is because obliging the MOD to procure the Goods from a manufacturer other than the Company would result in goods being purchased which have different technical characteristics, which would result in incompatibility between the existing Goods and the goods being purchased and would result in disproportionate technical difficulties in operating and maintaining the Hull Valves. If any of the components fail, they could go on to cause irrecoverable damage to the many different systems of which the Hull Valves comprise, even if the component that has failed is of a low economic value. Additionally, the Company is the only economic operator with the necessary technical knowhow such as technical data and schematics, proprietary processes and equipment-specific tooling and test equipment that are necessary to produce compatible spares for the Hull Valves.


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