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Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2021/S 102-269860/EN)
Nature of contract: Public works contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Works

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence United Kingdom
Postal address: MOD DE&S Abbeywood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Email: david.sheppard105@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: E-7 Infrastructure (RIBA 4 – 6)
II.1.2) Main CPV code: 45216200
II.1.3) Type of contract Works
II.1.4) Short Description:
Infrastructure construction (RIBA 4 — 6) for E-7 Wedgetail aircraft at RAF Lossiemouth.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:60000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKM5
II.2.4) Description of the procurement
The E7 Delivery Team, part of the UK Ministry of Defence (MOD), intends to award a contract to Boeing Defence UK for the construction of infrastructure for E7 Wedgetail at RAF Lossiemouth.

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
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:2021-05-06
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Boeing Defence UK Ltd
Town: Bristol
Country: United Kingdom
Nuts code: UKK12
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 informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Defence Equipment and Support (Ministry of Defence)
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-05-24

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:
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 (Regulations 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011) for technical reasons. Boeing Defence UK is the supplier of the E7 Wedgetail Aircraft and Ground Support Segments and has conducted early infrastructure de-risking activities as part of aircraft acquisition contract. Boeing Defence UK therefore has unique access to technical information and knowledge associated with the E7 Wedgetail Aircraft, meaning that no other provider would be able to act as prime contractor to fully manage the provision and integration of works to achieve MOD requirements in the necessary timeframe. Subcontract opportunities for construction services will be competed by Boeing Defence UK and advertised on the MOD Defence Sourcing Portal for subcontract opportunities. The Cyber Risk Profile for this requirement identified by the Cyber Risk Assessment is Moderate, reference RAR-T7DN57VM.

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