Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2020/S 179-433357/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
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, Helicopters, Chinook Project Team
Postal address: MOD Abbey Wood North (NH5), Teak Level 1#5101
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067989353
Email: hayley.shortall101@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: Control Display Navigation Unit (CDNU) Support Contract

Reference number: CHC/635
II.1.2) Main CPV code: 50212000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Chinook DT, part of the UK Ministry of Defence, has a requirement to place a contract covering the provision of repairs, spares and design support in respect of the control, display and navigation unit (CDNU) fitted on-board the UK fleet of Chinook Helicopters.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1500000
Currency:GBP
II.2) Description
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
The Chinook DT, part of the UK Ministry of Defence, has a requirement to place a contract covering the provision of repairs, spares and design support in respect of the control, display and navigation unit (CDNU) fitted on-board the UK fleet of Chinook Helicopters.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
It is anticipated that a contract option shall be included in the invitation to negotiate for increased CDNU LRU support by the contractor’s on-site engineer.

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:
Further to DEFCON 658 the Cyber Risk Profile of the Contract is Moderate, as defined in Def Stan 05-138.
The Risk Assessment Reference (RAR) allocated by Octavian is: RAR-XXVE42Q7.
This will link the SAQ response to the specific risk assessment for this contract.

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
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2020-09-02
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Thales UK Ltd
Town: Crawley
Country: United Kingdom
Telephone: +44 7816176896
Email: Phil.A.Jones@uk.thalesgroup.com
Nuts code: UKJ2
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-2020910-DCB-17058086
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Helicopters, Chinook Project Team
Postal address: MOD Abbey Wood North (NH5), Teak, Level 1, #5101
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067989353
E-mail: hayley.shortall101@mod.gov.uk

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, Helicopters, Chinook Project Team
Postal address: Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067989353
E-mail: hayley.shortall101@mod.gov.uk

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, Helicopters, Chinook Project Team
Town: Bristol
Country: United Kingdom
Telephone: +44 3067989353
E-mail: hayley.shortall101@mod.gov.uk

VI.5) Date of dispatch of this notice:
2020-09-10

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 Chinook DT, part of the UK Ministry of Defence, has a requirement to place a contract covering the provision of repairs, spares and design support in respect of the control, display and navigation unit (CDNU) fitted onboard the UK fleet of Chinook Helicopters. The authority announces its intent to to place a contract with Thales UK Ltd (‘Thales’) to undertake repairs, provide spares and engineering support in respect of the CDNU. The proposed contract term is 5.5 years and the contract value is estimated to be GBP 1.5 million. 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 of the European Parliament and of the Council (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011) due to Technical Reasons. Thales are the original equipment manufacturers and design authority of the CDNU fitted on the UK Chinook aircraft. As such, the in service support of the CDNU, (including the provision of repairs and spares) together with the related project management, can only be carried out by Thales as Thales exclusively holds the relevant skills, technical data, proprietary information (including drawing and design information) and know-how that is needed to meet the requirement. Thales previously confirmed that it is not prepared to share or license the use of that proprietary information outside of the Company and the UK Ministry of Defence does not have a right to obtain the necessary documentation from Thales. The aforementioned skills, technical data, drawing and design information are necessary for the performance of the requirement. Furthermore, only Thales holds the level of certification (under the Authority’s Design Approved Organisation (DAOS) and Maintenance Approved Organisation (MAOS) Schemes) necessary to carry out the activities that are required in order to meet the Military Aviation Authority’s Regulatory Articles applicable to the CDNU.