Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2018/S 066-147975/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, Ships, Queen Elizabeth Class
Postal address: Abbey Wood South, Filton
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Email: DESShipsComrcl-Acq-QEC@mod.gov.uk
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: SHIPACQ189 — Insurance Spares for Queen Elizabeth Class Aircraft Carriers — Hangar Smoke Barrier
II.1.2) Main CPV code: 35520000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
SHIPACQ189 — Insurance Spares for Queen Elizabeth Class Aircraft Carriers — Hangar Smoke Barrier.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:850000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKC11 Main site or place of performance:Hartlepool and Stockton-on-Tees.

II.2.4) Description of the procurement
SHIPACQ189 — Insurance Spares for Queen Elizabeth Class Aircraft Carriers — Hangar Smoke Barrier.

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: SHIPACQ189
Title: SHIPACQ189 — Insurance Spares for Queen Elizabeth Class Aircraft Carriers — Hangar Smoke Barrier

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2018-04-02
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: Darchem Engineering Limited
Postal address: Ironmasters Way, Stillington
Town: Stockton-on-Tees
Postal code: TS21 1LB
Country: United Kingdom
Nuts code:
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:850000
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-201843-DCB-12164563.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Ships, Queen Elizabeth Class
Postal address: Abbey Wood South, Filton
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2018-04-03

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:
Ship Acquisition, which is part of the UK Ministry of Defence (“the Authority”), proposes to place a 2 year contract with an estimated contract value of 850 000 GBP with Darchem Engineering Limited (company number: SC144767) (the “Company”) for the provision of insurance spares for the hangar smoke barrier equipment manufactured by the Company and installed on the Queen Elizabeth (QE) Class Aircraft Carriers. These components include the various sub-assembly components that make up the master local control panel and panel barrier assembly.
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 UK Defence and Security Public Contracts Regulations 2011) for technical reasons. This is because the Company is the Original Equipment Manufacturer of the equipment, the Ship Technical Specification requires these component spares to meet the specifications for the equipment manufactured by the Company and only the Company has access to the specific technical knowhow and technical design and manufacturing data required to manufacture these specialised component spares for the equipment.