Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2019/S 220-540990/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, DSG, Defence Support Group (DSG)
Postal address: DSG Telford, Telford
Town: Shropshire
Postal code: TF2 8JT
Country: United Kingdom
Telephone: +44 1952673708
Email: eve.doran@babcockinternational.com
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: The Repair of Optronic Assemblies/Line Replacement Units (LRUs) and Swarmlite and Protector Remote Weapon Systems (RWS)

Reference number: IRM19/7214
II.1.2) Main CPV code: 50000000
II.1.3) Type of contract Services
II.1.4) Short Description:
The repair of optronic assemblies/LRUs and swarmlite and protector remote weapon 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:1400000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKG21 Main site or place of performance:Telford and Wrekin.

II.2.4) Description of the procurement
Babcock DSG Ltd acting as an agent on behalf of the UK Ministry of Defence, has a requirement to place a 5 year framework agreement with the possibility of 2 x 1 year options, for the repair and maintenance of Line Replacement Units (LRUs) and Swarmlite and Protector remote weapon stations (RWS), equipment to be covered but not limited to:
1230251603857
1005251602703
1025251602264
1240251602333
1230251603615
1090251606989
1230251606974
2510251606983
1230251602693
1230251609959
1230251610263
1090251609595
1055251602702
1240251604673
1290251602321
1290251602704
1290251603622
5340251603890
5820251602332
5855015851255
6230251603623
6635171224266

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Possibility of 2 x 1 year options.

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.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
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: IRM19/7214
Title: Repair of Optronic Assemblies/ LRUs and Swarmlite RWS

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2019-04-02
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Thales UK Ltd Land and Air Systems
Postal address: 1 Linthouse Road, Glasgow
Town: Glasgow
Postal code: G51 4BZ
Country: United Kingdom
Telephone: +44 1414404000
Email: Brian.Airlie@uk.thalesgroup.com
Nuts code: UKM82
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-20191113-DCB-15566655
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, DSG, Defence Support Group (DSG)
Town: Telford
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2019-11-13

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

No tenders or no suitable tenders/requests to participate in response to:
negotiated procedure with prior publication of a contract notice

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:
Babcock DSG Ltd acting on behalf of the United Kingdom Ministry of Defence intends to place a 5 year contract with a further 2 x 1 option years with Thales UK Ltd for the repair and maintenance of the Protector family of Remote Weapon Stations (RWS).
It is considered that this contract 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 Contract Regulations 2011) for the following technical reasons:
1) Thales UK Ltd has the necessary access to the OEM design and technical documentation relating to the RWS Systems and their associated optics together with the platform integration data and associated safety approvals for the armoured vehicle that it is fitted to. Further, Thales has developed the approved safety-critical Protector Platform Configuration (PPC) software enabling SQEP support to be provided to the protector RWS safety panels. No other economic operator would be able to fulfil these requirements without introducing a high level of project risk to the integration, operational, supportability and safety aspects of the requirement, all of which would not be acceptable for the safe operation of the Protector RWS products used by UK armed forces;
2) As a result, Thales UK Ltd are currently the only economic operator with the technical expertise and know-how to undertake the services covered by the scope of this contract.
This notice is not a request for expressions of interest so please 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.