Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-021475/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
Town: Stoke Gifford
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Tim Urry
Email: Tim.Urry100@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: The Provision of HUSLE and Cargo Nets including PDS Support – F15 VTN
II.1.2) Main CPV code: 39541200
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The Provision of HUSLE and Cargo Nets including PDS Support
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:12000000
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 34741000
Main CPV code: 35611400
Main CPV code: 35641000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Provision of Helicopter Under Slung Load Equipment (HUSLE) and Cargo Nets including PDS Support for the British Armed Forces.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
1 * 12 month option included

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: 701555457
Title: Supply of Cargo Restraint Nets (HUSLE) and PDS Support

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-08-04
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: AmSafe Bridport Ltd
Town: Bridport
Country: United Kingdom
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: Air Commodities Delivery Team (ACDT)
Town: Stoke Gifford
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-08-04

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)
The works, supplies or services can be provided only by a particular economic operator for the following reason:
protection of exclusive rights, including intellectual property rights

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 Air Commodities Delivery Team (ACDT), part of the UK Ministry of Defence (MoD), intends to place a new Contract with Amsafe Birdport Ltd (Amsafe) to satisfy short term customer requirements for the procurement of and support of Cargo Nets/Helicopter Underslung Load Equipment from 1st September 2022. The estimated Contract value is £15M – £20M which will support multiple platforms including but not limited to: C17, A400M Chinook, Merlin and Wildcat.

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 for Technical Reasons. This is due to the technical impracticality for another economic operator to undertake the work required in order to meet MoD timescales and at the required MAA air worthiness standards for example RA 5850. Only Amsafe hold the manufacturing information and current technical expertise necessary to provide the required services.
To contract with another supplier would currently create an unacceptable safety risk for the MOD. The MoD is currently formulating its longer term strategy and will look to engage with the market to explore potential options for a future competition.