Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2019/S 029-065830/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

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 1b, ABW
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Hannah Hawkins
Telephone: +44 3067988111
Email: DESWpnsDGM-ComrclMultiuser@mod.gov.uk
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: Service of Limited Sequential Environmental Testing (SET) for 60 mm Mortars

Reference number: DGM/1926
II.1.2) Main CPV code: 35300000
II.1.3) Type of contract Services
II.1.4) Short Description:
Service of limited Sequential Environmental Testing (SET), on an interim fuze replacement for use on 60 mm mortars.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:421132.82
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35300000

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
Service of limited Sequential Environmental Testing (SET), on an interim fuze replacement for use on 60 mm mortars.

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
II.2.14) Additional information:
The Defence General Munitions Team, part of UK Ministry of Defence (MoD), intends to place a Contract DGM/1926 with Hirtenberger Defence Systems. This is for the service of limited Sequential Environmental Testing (SET), on an interim fuze replacement for use on 60 mm Mortars. The duration of the contract will be for the 6-month testing period, with a total value of 421 132,82 GBP ex VAT.

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/1926
Title: Service of Limited Sequential Environmental Testing (SET) for 60mm Mortars

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2019-02-05
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Hirtenberger Defence Europe GmbH and Co KG
Postal address: Leobersdorfer Strasse 31-33, A-2552
Town: Hirtenberg
Country: Austria
Telephone: +44 3067988111
Email: DESWpnsDGM-ComrclMultiuser@mod.uk
Nuts code: UKK11
Internet address: www.contracts.mod.uk
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
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-201926-DCB-14024254
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 3067988111

VI.5) Date of dispatch of this notice:
2019-02-06

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 Defence General Munitions Team, part of UK Ministry of Defence (MoD), intends to place a Contract DGM/1926 with Hirtenberger Defence Systems. This is for the service of limited Sequential Environmental Testing (SET), on an interim fuze replacement for use on 60 mm mortars. The duration of the contract will be for the 6-month testing period, with a total value of 421 132,82 GBP ex VAT.
It is considered that this requirement can be placed using the Non-Competitive Negotiated Procedure 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). This is for technical reasons.
Hirtenberger Defence Systems are the Design Authority and the Original Equipment Manufacturer (OEM) of the solution, which is currently the in-service capability used by the UK MoD. As Hirtenberger are the OEM, they are the only supplier that have the specific know how, skills and technical information, including the technical data pack necessary to conduct the SET service on the interim fuze 60mm mortars. Significant and extensive testing is required to enable the fuzes to be qualified for operational use and transport. The technical documents and proprietary information held by Hirtenberger is necessary in order for these tests to be fulfilled. No other party has access to the technical documents and sensitive information required, and therefore Hirtenberger is the only supplier capable of fulfilling this requirement. The technical and confidential information held by Hirtenberger is necessary to ensure the required level of safety for this requirement. Therefore, Hirtenberger is the only supplier which has the technical expertise, know-how, and access to the technical information necessary for the performance of this contract.