Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-021947/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: High Wycombe
Country: United Kingdom
Email: simran.gill122@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: 3508000
II.1.2) Main CPV code: 60445000
II.1.3) Type of contract Services
II.1.4) Short Description:
UK Royal Air Force (RAF) and BAE Systems Qualified Flying Instructors and Trainee pilots are flying in the Qatari owned Hawk MK 167 aircraft on the Joint Qatar Emiri Air Force (QEAF)/RAF Hawk Training Squadron currently operating at RAF Leeming. The UK MOD and QEAF have a critical dependency on the Original Equipment Manufacturer (OEM) of the Hawk MK 167, BAE Systems, to certify the aircraft, to satisfy Military Aviation Authority direction.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3508000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The UK Ministry of Defence (UK MOD) intends to award a contract to BAE Systems (Operations) Limited for the estimated value of £ 3,508,000 ex VAT for the in service support of the Hawk MK 167 operations pursuant to the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) using the negotiated procedure without prior publication of a contract notice. 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). 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 DSPCR 2011.
UK Royal Air Force (RAF) and BAE Systems Qualified Flying Instructors and Trainee pilots are flying in the Qatari owned Hawk MK 167 aircraft on the Joint Qatar Emiri Air Force (QEAF)/RAF Hawk Training Squadron currently operating at RAF Leeming. The UK MOD and QEAF have a critical dependency on the Original Equipment Manufacturer (OEM) of the Hawk MK 167, BAE Systems, to certify the aircraft, to satisfy Military Aviation Authority direction.
This procedure is considered justified for technical reasons under regulation 16 (1)(a)(ii) of the DSPCR 2011. To certify the aircraft, there must be adequate evidence artefacts provided by the OEM and accepted by the MAA and Type Airworthiness Authority to support the airworthiness statements. BAE Systems are the OEM and only supplier with the required detailed technical understanding of the aircraft and technical documentation for the required evidence.

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:2023-07-28
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Bae Systems (Operations) Limited
Town: Warton
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: RAF Air Commercial
Town: High Wycombe
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-07-28

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

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)

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 UK Ministry of Defence (UK MOD) intends to award a contract to BAE Systems (Operations) Limited for the estimated value of £ 3,508,000 ex VAT for the in service support of the Hawk MK 167 operations pursuant to the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) using the negotiated procedure without prior publication of a contract notice. 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). 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 DSPCR 2011.
UK Royal Air Force (RAF) and BAE Systems Qualified Flying Instructors and Trainee pilots are flying in the Qatari owned Hawk MK 167 aircraft on the Joint Qatar Emiri Air Force (QEAF)/RAF Hawk Training Squadron currently operating at RAF Leeming. The UK MOD and QEAF have a critical dependency on the Original Equipment Manufacturer (OEM) of the Hawk MK 167, BAE Systems, to certify the aircraft, to satisfy Military Aviation Authority direction.
This procedure is considered justified for technical reasons under regulation 16 (1)(a)(ii) of the DSPCR 2011. To certify the aircraft, there must be adequate evidence artefacts provided by the OEM and accepted by the MAA and Type Airworthiness Authority to support the airworthiness statements. BAE Systems are the OEM and only supplier with the required detailed technical understanding of the aircraft and technical documentation for the required evidence.