Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2021/S 015-035187/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
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, DSG, Defence Support Group (DSG)
Postal address: I&RM, Bldg B15, MOD Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom
Contact Person: Carol Jones
Telephone: +44 1952967363
Email: carol.jones@babcockinterntional.com
Internet address(es):
Main address: www.babcockinternational.com

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 Supply of Artillery and Howitzer Components and Armoured Vehicle Weapons Systems Including 105 mm Light Gun Spares

Reference number: IRM17/2331
II.1.2) Main CPV code: 35420000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Babcock Land Defence Ltd, acting as agent for the UK Ministry of Defence, intends to negotiate a contract with BAE Systems, GCS International Ltd for the supply of Artillery and Howitzer components and armoured vehicle weapons systems including 105 mm Light Gun Spares.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:4500000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKD1 Main site or place of performance:Cumbria.

II.2.4) Description of the procurement
Babcock Land Defence Ltd, acting as agent for the UK Ministry of Defence, intends to negotiate a contract with BAE Systems, GCS International Ltd for the supply of Artillery and Howitzer components and armoured vehicle weapons systems including 105 mm Light Gun Spares. The components used are used by the British Army. It is considered that this contract can be awarded using the negotiated procedure without prior publication 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) for technical reasons.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
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
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:2017/S 190-390233

Section V: Award of contract/concession
Contract No: IRM17/2331
Title: The Supply of Artillery and Howitzer Components and Armoured Vehicle Weapons Systems Including 105 mm Light Gun Spares

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2021-01-15
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: BAE Systems GCS International Ltd
Town: Barrow-in-Furness
Postal code: LA14 1AF
Country: United Kingdom
Telephone: +44 3300485758
Email: spares@baesystems.com
Nuts code: UKD1
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-2021119-DCB-17659250
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
Telephone: +44 1952967363
E-mail: carol.jones@babcockinternational.com

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, DSG, Defence Support Group (DSG)
Postal address: Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 1179132548

VI.5) Date of dispatch of this notice:
2021-01-19

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:
Babcock Land Defence Ltd, acting as agent for the UK Ministry of Defence, intends to negotiate a contract with BAE Systems, GCS International Ltd for the supply of Artillery and Howitzer components and armoured vehicle weapons systems including 105 mm Light Gun Spares. The components used are used by the British Army. It is considered that this contract can be awarded using the negotiated procedure without prior publication 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) for technical reasons.
BAE Systems, GCS International Ltd are the original equipment manufacturer and the owner of the design drawings/information, technical specifications and technical expertise (‘technical know-how’) required to supply these articles. BAE Systems, GCS International Ltd has stated that it has not shared and will not share this technical know-how required to undertake manufacture with any third party (including the UK Ministry of Defence).
Without access to the drawings, information and specifications and not having the technical know-how the UK Ministry of Defence is not in a position to be able to identify the exact technical requirements for the manufacture of the articles and in the absence of this information the performance of the vehicles and/or equipment and the safety of the users of the vehicles/equipment could be at risk if these articles were not supplied by BAE GCS International Ltd. As a result, BAE Systems, GCS International Ltd is the only company with the technical know-how to be able to fulfil this requirement.
This notice is not a request for expressions of interest so please do not apply to be invited to tender. Babcock Land Defence Ltd is to negotiate a single source Contract with the named supplier BAE Systems, GCS International Ltd, Barrow-in-Furness, Cumbria, LA14 1AF. Value GBP 4.5 Million.