Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-004601/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: DE&S, Abbey Wood, Filton
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Hannah Evans
Email: Hannah.Evans121@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: £1,400,000,00

Reference number: 701551609
II.1.2) Main CPV code: 35600000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Delivery of the UK led Concept & Assessment Phase Option, for the Future Combat Air System Acquisition Programme (FCAS AP). UK industry led by BAE Systems will work in a collaborative enterprise approach with International Partners to undertake concept development, technology maturation, technical demonstration planning & critical programme enablers.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1400000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
For description see short description above. This covers the phased release of additional funding and is not a new requirement.

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
II.2.14) Additional information:
This notice is not a request for expressions of interest so please do not apply to be invited to tender. This notice advises that the Authority has decided to negotiate a contract with the named supplier on a single source basis, and is published for reasons of transparency. If you are interested in becoming a sub-contractor for this requirement, you should apply directly to the supplier.

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: 701551609
Title: Future Combat Air System Acquisition Programme

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2021-06-04
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: BAE Systems (Operations) Limited
Postal address: Warton Aerodrome
Town: Preston
Postal code: PR4 1AX
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: DE&S Catalyst Comrcl Dep Hd
Postal address: MoD, Abbey Wood,
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-02-15

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:
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:
Combat aircraft are highly integrated, complex systems which provide a fundamental component of military capability in offensive, defensive and intelligence-gathering operations. Bringing a new design of combat aircraft into service can take up to 20 years and requires significant investment in the areas of research, development, manufacture and Test & Evaluation. The Future Combat Air System Acquisition Programme (FCAS AP) Concept and Assessment Phase is a continuation of the Research and development commenced by Team Tempest (MOD/BAE/Leonardo/MBDA/Rolls Royce) and will further the UK led Concept & Assessment Phase Option by working with International Partners to undertake concept development, technology maturation, technical demonstration planning & critical programme enablers ahead of outline business case 2 (OBC2) option down select.
It is essential within the UK led option that the supplier has significant footprint in the UK to offer a solution which is responsive and where ITAR/Export Controls can be minimised to offer the UK Freedom of action. BAE Systems uniquely possess the capability in the UK for design organisation and systems integration, to integrate engines, sensors and weapons within an efficient platform design minimising size and weight, and hence cost. Consequently BAE have been selected by the MOD to be the lead Contractor for the on behalf of UK industry in this next phase.