Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2021/S 000-030154/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
Town: Bristol
Country: United Kingdom
Email: Kaustav.Krishna100@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: VOYAGER PLATFORM – POST DESIGN SERVICES (PDS)
II.1.2) Main CPV code: 50210000
II.1.3) Type of contract Services
II.1.4) Short Description:
VOYAGER PLATFORM – POST DESIGN SERVICES (PDS)
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3418000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35610000
Main CPV code: 35611400
Main CPV code: 75000000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Single Source Procurement for Provision of Design Organisation Post Design Services (PDS) services from Airbus Defence and Space SAU (SPAIN)

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:2021-12-02
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Airbus Defence and Space S.A.U.
Town: Madrid
Country: Spain
Nuts code:
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
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties

Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence – Defence Equipment & Support
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-12-03

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

The products involved are manufactured purely for the purpose of research, experiment,study or development under the conditions
stated in the directive(for services and supplies only)

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:
Voyager Delivery Team (DT), as part of the UK Ministry of Defence (MOD), intends to award a contract to Airbus Defence and Space SAU for provision of Voyager Post Design Services (PDS) from January 2022 for a 3 (three) year period. The anticipated maximum value for the contract is £3.4M
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (in particular by SI 2019/697 and SI 2020/1450). Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that the award of the contract without prior publication of a contract notice in the UK e-notification service is lawful in accordance with Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 due to technical reasons.
This is because MOD are required to comply with Military Aviation Authority (MAA) regulations which mandate, under Design Organisation Airworthiness Responsibilities RA1014, 1015(1)14b and MRP 5000 Series Regulatory Articles (RA), to establish and maintain a contractual relationship with the appointed Air System Design Organisation to manage the overall design or through life configuration. The PDS contract must therefore be with the appointed Design Organisation, which is Airbus Defence and Space SAU.