Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2019/S 173-423096/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

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Helicopters, Apache DT
Postal address: Leonardo Helicopters, Building 100, Centenary House, Lysander Road
Town: Yeovil
Postal code: BA20 2YB
Country: United Kingdom
Contact Person: Charlotte Pundyke
Telephone: +44 1935704701
Email: Charlotte.Pundyke100@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: 700008662 — Purchase of Spares for, Repairs to, Training on, Ad Hoc Tasking Relating to and Purchase of Reduced Sized Crashworthy Fuel Systems (RCEFS) and Internal Auxiliary Fuel Systems (IAFS)
II.1.2) Main CPV code: 35000000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The purchase of spares for, repairs to, training on, ad hoc tasking relating to and purchase of new reduced sized crashworthy fuel systems (RCEFS) and internal auxiliary fuel systems (IAFS).
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:4272891.35
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKH14 Main site or place of performance:Suffolk.

II.2.4) Description of the procurement
4 272 891,35 GBP VAT Ex is the estimated total value for 5 years with 2 further 1 year options. Apache DT, part of UK Ministry of Defence, proposes to award the framework agreement to robertson fuel system LLC for the duration of 5 years with 2 further 1 year options as allowable under Regulation 20(10) of DSPCR 2011. These units and services can only be supplied by the specific economic operator Robertson Fuel Systems LLC. They are the design rights holder for the RCEFS and IAFS and have not provided any licences for the manufacture or repair of this equipment to any other supplier. They hold the necessary knowledge, drawings and equipment to be able to manufacture and repair units and provide training support to the DT. It is considered that a framework agreement can be placed using the negotiated procedure without prior publication pursuant to Article 28 (1) (e) of Directive 2009/81/EC Regulation 16(1)(a)(ii) of the DSPCR 2011 for technical reasons.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
This requirement is for the duration of five (5) years with and additional two (2) one (1) year options as allowable under Regulation 20(10) of Defence and Security Public Contracts Regulations.

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:
This notice is not for a request for expressions of interest so do not apply to be invited to tender. This notice advises that the authority has decided to negotiate a contract with the named supplier on a single source basis and is published for reasons of transparency. If you are interested in becoming a subcontractor for this requirement, you should apply directly to the supplier named above.

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: 700008662
Title: Purchase of Spares for, Repairs to, Training on, Ad Hoc Tasking Relating to and Purchase of New RCEFS and IAFS

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2019-08-08
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Robertson Fuel Systems LLC
Postal address: 800 West Carver Road, Suite 101, Tempe
Town: Arizona
Postal code: 85284
Country: United States
Telephone: +1 4803377083
Email: marie.morrell@robbietanks.com
Nuts code: 00
Internet address: www.robertsonfuelsystems.com
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-201994-DCB-15329019
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Helicopters, Apache DT
Postal address: Leonardo Helicopters, Building 100, Centenary House, Lysander Road
Town: Yeovil
Postal code: BA20 2YB
Country: United Kingdom
Telephone: +44 1935704701
E-mail: charlotte.pundyke100@mod.gov.uk
Internet address: www.contracts.mod.uk

VI.5) Date of dispatch of this notice:
2019-09-04

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:
These units and services can only be supplied by the specific economic operator. Robertson Fuel Systems LLC. They are the Design Rights Holder for the RCEFS and IAFS and have not provided any licences for the manufacture or repair of this equipment to any other supplier. They hold the necessary knowledge, drawings and equipment to be able to manufacture and repair units and provide training support to the delivery team. Consequently, it is considered that a framework agreement can be placed using the negotiated procedure without prior publication pursuant to Article 28 (1) (e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations) for technical reasons.