Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-027304/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: Bristol
Country: United Kingdom
Email: DESJSENS-COMRCL-DSP@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: Giraffe-1X Procurement and CLS Support
II.1.2) Main CPV code: 35722000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The provision of Qty 2 (Two) Giraffe-1X Radars for training; and 3 Years Contractor Logistic Support. With a total estimated value of £15,500,000.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:15500000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The provision of Qty 2 (Two) Giraffe-1X Radars for training; and 3 Years Contractor Logistic Support. With a total estimated value of £15,500,000.

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:2022-09-29
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: SAAB
Town: Gothenburg
Country: Sweden
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: Defence Equipment and Support
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-09-29

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:
The Secretary of State for Defence intends to enter into a contract with SAAB Limited (the Contractor) for the provision of Qty 2 (Two) Giraffe-1X Radars for training; and 3 Years Contractor Logistic Support. With a total estimated value of £15,500,000.
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 element of the contract for Qty 2 (Two) Giraffe-1X Radars for training; and 3 Years Contractor Logistic Support 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)(iv) of the DSPCR 2011 for technical reasons.
The award of Qty 2 (Two) Giraffe-1X Radars for training for technical reasons to SAAB is because it is essential that training is completed on the Giraffe 1X systems to ensure that personnel have the suitable skills and qualifications to operate and maintain the systems safely and effectively upon deployment. Personnel would not obtain the required skills and qualifications if they were to train on a disparate radar system. Therefore, the Authority intends to procure 2 (Two) Giraffe 1X Radars from SAAB as the only provider of this system to enable successful personnel training in support of operational deployments.
The award of the Contractor Logistic Support and training for the Giraffe 1X Radars for technical reasons is because SAAB Limited are the only contractor with the technical knowledge and ability to provide this support. Only Saab hold the expertise, tools and means for delivering this part of the contract for these systems as they are the Original Equipment Manufacturer (OEM) and Design Authority (DA) for the Giraffe 1X Radars.