Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-028267/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
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Tim Evans
Email: Tim.Evans879@mod.gov.uk
Internet address(es):
Main address: www.contracts.mod.uk

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: Command Management System (CMS) Joint Support Solution 2 (JSS2).
II.1.2) Main CPV code: 72700000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Ministry of Defence (‘the Authority’), intends to place a contract amendment to the Joint Support Solution 2 (JSS2) contract (MCS/1041) with BAE Systems Limited (‘BAES’) to provide additional Shared Infrastructure (SI) nodes to host Maritime Electronic Warfare System Integrated Capability (MEWSIC) Increment 1 hardware for use on the Type 31 platform. The estimated value of this contract amendment is £10M.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:10000000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35710000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Ministry of Defence (‘the Authority’), intends to place a contract amendment to the Joint Support Solution 2 (JSS2) contract (MCS/1041) with BAE Systems Limited (‘BAES’) to provide additional Shared Infrastructure (SI) nodes to host Maritime Electronic Warfare System Integrated Capability (MEWSIC) Increment 1 hardware for use on the Type 31 platform. The estimated value of this contract amendment is £10M.

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 (DSPCR 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 this contract amendment can be placed using the Negotiated Procedure without Prior Publication of a Contract Notice in the UK e-notification services (as required by the relevant legislation) and is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 for Technical Reasons. This is because MEWSIC is required to be hosted upon the SI and Combat Management Systems (CMS) across the Royal Navy (RN) fleet.
BAES are already on contract with the Authority for the provision of SI, and to undertake the integration of MEWSIC increment 1 hardware, with T26 SI contracted under the T26 build contract (SHIPACQ036) and QEC and T45 platforms contracted under the JSS2 contract. It is imperative to have a single and common approach covering Electronic Warfare Operators, to ensure that MEWSIC works in the same way pan-fleet (i.e., the same Form, Fit and Function plus maintenance). Having provision of SI nodes for MEWSIC and integration undertaken by a third party would not allow T31 to adopt the technical design approach of the aforementioned platforms, greatly increasing the risk of design deviation, and exposing the Authority to intolerable safety risks as well as impacting operational effectiveness, capability availability and training. Furthermore, introducing platform design differences would require different operator and maintainer guidance, thus creating issues for the Authority and RN around interoperability and safety assurance which could lead to a level of risk that is not acceptable to the Authority.

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
Title: Command Management System (CMS) Joint Support Solution 2 (JSS2) – Contract Amendment

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-10-07
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: BAE Systems Surface Ships Ltd
Town: Farnborough
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: Ministry of Defence, Ships, Maritime Combat Systems (MCS) Team
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-10-07

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:
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 (DSPCR 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 this contract amendment can be placed using the Negotiated Procedure without Prior Publication of a Contract Notice in the UK e-notification services (as required by the relevant legislation) and is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 for Technical Reasons. This is because MEWSIC is required to be hosted upon the SI and Combat Management Systems (CMS) across the Royal Navy (RN) fleet.
BAES are already on contract with the Authority for the provision of SI, and to undertake the integration of MEWSIC increment 1 hardware, with T26 SI contracted under the T26 build contract (SHIPACQ036) and QEC and T45 platforms contracted under the JSS2 contract. It is imperative to have a single and common approach covering Electronic Warfare Operators, to ensure that MEWSIC works in the same way pan-fleet (i.e., the same Form, Fit and Function plus maintenance). Having provision of SI nodes for MEWSIC and integration undertaken by a third party would not allow T31 to adopt the technical design approach of the aforementioned platforms, greatly increasing the risk of design deviation, and exposing the Authority to intolerable safety risks as well as impacting operational effectiveness, capability availability and training. Furthermore, introducing platform design differences would require different operator and maintainer guidance, thus creating issues for the Authority and RN around interoperability and safety assurance which could lead to a level of risk that is not acceptable to the Authority.