Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-032025/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
Postal address: Type 31 DT, MoD Abbey Wood
Town: Bristol
Postal code: BS348JH
Country: United Kingdom
Email: simon.rooney102@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: Provision of qualified ammunition, gun simulators and associated support for T31 Naval Guns
II.1.2) Main CPV code: 35331200
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Provision of qualified ammunition, gun simulators and associated support for T31 Naval Guns
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:65000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Provision of qualified ammunition, gun simulators and associated support for T31 Naval Guns.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Purchase of additional quantities if required.

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:2022-11-09
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: BAE Systems Bofors AB
Town: Karlskoga
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
Postal address: Type 31 DT MoD Abbey Wood
Town: Bristol
Postal code: BS348JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-11-11

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:
Ship Acquisition, part of the UK Ministry of Defence (“the Authority”), proposes to place a contract for a duration of seven years with BAE Systems Bofors AB (“the Company”), for the supply of technical support, gun simulators to be commissioned into a Land Based Integration Facility (LBIF) for T31 Frigate and qualified 3P (programmable) ammunition for the 57mm Mk3 and 40mm Mk4 naval gun systems that will be supplied with the five Type 31 General Purpose Frigates.
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.
The Company is the supplier of the 3P ammunition that is currently being qualified by the ship builder and is the only economic operator with the necessary know-how, proprietary processes, and equipment-specific tooling and test equipment to ensure that the qualified T31 3P ammunition is safe to be utilised in the Type 31 naval gun systems at ship acceptance. The Company also owns the Intellectual Property Rights for the both the 57mm and 40mm 3P ammunition.
The testing and integration facility must be constructed and configured for the gun systems which are to be fitted to the T31. The Company is the supplier of these gun systems and is the only economic operator with the necessary know-how, proprietary processes, and equipment-specific tooling and test equipment to supply and ensure the T31 gun system simulators can be integrated onto the Type 31 frigate LBIF.