Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-005906/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
Email: Emily.Evans748@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: 7.62mm L94A1 Hughes Chain Gun
II.1.2) Main CPV code: 50620000
II.1.3) Type of contract Services
II.1.4) Short Description:
Post Design Services Technical Support for the 7.62mm L94A1 Hughes Chain Gun
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:4900000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Post Design Services Technical Support for the 7.62mm L94A1 Hughes Chain Gun

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: yes
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: 705067450
Title: 7.62mm L94A1 Hughes Chain Gun

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-12-14
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: NSAF Ltd
Town: Nottingham
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
Postal address: Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: emily.evans748@mod.gov.uk
Internet address:

VI.5) Date of dispatch of this notice:
2023-02-28

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 Turret Weapons Systems (TWS) team within the DE&S Ajax Portfolio Project Team, part of the UK Ministry of Defence (MoD), intends to award a Contract for 5 years to Heckler & Koch NSAF Ltd to cover Post Design Services Technical Support for the 7.62mm L94A1 Hughes Chain Gun currently fitted to various Armoured Vehicle platforms. This Contract will replace the existing Chain Gun PDS Contract No. SSP/00210 with Heckler & Koch NSAF Ltd which is due to expire on 06-May-23.
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 (as required by the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011), due to absence of competition for technical reasons.
This is because only Heckler & Koch NSAF Ltd as the current longstanding support contractor has the extensive in-depth knowledge and specific know-how, proprietary information (such as up to date drawings), gun specific tooling and safety approvals to carry out the required services. NSAF have stated they will not provide any drawing or technical detail to anyone else and therefore another contractor would be required to demonstrate access to safety critical technical information not presently available to MoD, and also be able to provide technical support based on data that cannot be corroborated by any authority and present an intolerable risk that would undermine the Safety ALARP claim for the weapon. Because of this, it is considered that no other contractor can provide these services.