Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-020939/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
Postal address: MOD Abbey Wood, #1027 | NH1 Atrium
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Email: matthew.rowan101@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: Support of ALE 47 AND M147 Counter Measure Dispensing Systems (CMDS)
II.1.2) Main CPV code: 50000000
II.1.3) Type of contract Services
II.1.4) Short Description:
The through-life support of ALE-47 and M-147 Counter Measure Dispensing Systems (CMDS) fitted to the following platforms: Chinook (all marks), C-130, Puma and Merlin Mk.2 and Mk.4 aircraft.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:5000000
Currency:USD
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Repair, Maintenance, Technical Engineering Support and associated Spares Provision.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Two (2) one (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.1.8) 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: 701579453
Title: Support of ALE 47 AND M147 Counter Measure Dispensing Systems (CMDS)

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-07-25
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: BAE SYSTEMS INFORMATION AND ELECTRONIC SYSTEMS INTEGRATION INC.
Postal address: 6500 Tracor LN
Town: Austin
Postal code: 78725-215
Country: United States
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: DE&S
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-08-01

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 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)
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:
Air Platform Systems Delivery Team, part of the Ministry of Defence (“the Authority”), intends to enter into a contract with BAE Systems Ltd (“BAE”)) for the through-life support of ALE-47 and M-147 Counter Measure Dispensing Systems (CMDS)(“the Contract”) including repair, maintenance, technical engineering support and associated spares provision. This equipment for which BAE is the original equipment manufacturer and design authority is fitted to the following platforms: Chinook (all marks), C-130, Puma and Merlin Mk.2 and Mk.4 aircraft. The length of the new contract will be three years with two additional individual option years (3+1+1). The approximate value of the Contract is estimated to be £5 million ex VAT including the exercise of the option years.
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 (in accordance with the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the DSPCR 2011 on the basis that BAE alone can carry out the services under it for technical reasons.
This Single Source Justification is based on a Safety Assurance grounds. As the Original Equipment Manufacturer (OEM) and DAOS approved organisation for ALE-47 (UK.MAA.DAOS.0376), only BAE Systems have sufficient access to technical and safety information and competency to provide the safety assurance APS DT requires.
A key requirement for APS DT from a Design Organisation is the “DO Safety Assessment and Report”. This outlines the DO arguments and supporting evidence that the equipment is safe to operate, including identification of hazardous materials contained within the equipment. This evidence is contained in our Commodity Safety Assessment Report (CSAR), which is a fundamental component of our End Users Air System Safety Case. Only BAE Systems, as the OEM, now has access to the necessary data.
Finally, in order for BAE Systems to provide this safety assurance, they must ensure configuration control is maintained and repair activity is carried out correctly. For this to be assured, responsibility for both activities must be held by the same organisation. Only an OEM or a Contractor that has been licensed by the OEM can support the requirement and the OEM confirms that it will not license another contractor to carry out the necessary work