Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-029445/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
Postal address: Building B15, MoD Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom
Email: IRMProcurementRepairTeam@babcockinternational.com
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: The Repair of Line Replacement Units (LRU’s) and Associated Assemblies

Reference number: IRM19/7330
II.1.2) Main CPV code: 50660000
II.1.3) Type of contract Services
II.1.4) Short Description:
Babcock Land Defence Ltd, acting as the UK Ministry of Defence’s agent, intends to negotiate an amendment to an existing single source contract (Ref. No. IRM19/7330) with Rheinmetall BAE Systems Land (RBSL) for the safety critical modification of a fixed quantity of Commanders Control Handles to the latest build standard in line with the existing Contract Terms and Conditions. The value of the contract amendment is £1.925m.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1925000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Babcock Land Defence Ltd, acting as the UK Ministry of Defence’s agent, intends to negotiate an amendment to an existing single source contract (Ref. No. IRM19/7330) with Rheinmetall BAE Systems Land (RBSL) for the safety critical modification of a fixed quantity of Commanders Control Handles to the latest build standard in line with the existing Contract Terms and Conditions. The value of the contract amendment is £1.925m.
It is considered that this amendment to contract can be undertaken using the negotiated procedure without prior publication pursuant to Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contract Regulations 2011 for technical reasons because:
a. RBSL are the Design Authority for the vehicle platform who undertook the Post Design Service Activity to address safety concerns. RBSL therefore have access to the design drawing/information, technical specifications and technical expertise required to modify and undertake proof testing of these articles to the latest specification.
b. Due to the safety critical nature of the materiel, there would be significant safety and quality risks associated with repairing items with no technical / repair specifications. RBSL are the only supplier who has access to this technical data to negate the safety and quality risks. As the articles are safety critical to the operation of the platform, the articles must be repaired and modified in accordance with the relevant technical specifications in order to meet operational safety requirements.

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
Contract No: IRM19/7330
Title: The Repair of Line Replacement Units (LRU’s) and Associated Assemblies

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-03-01
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Rheinmetall BAE Systems Land
Postal address: Hadley Castle Works
Town: Telford
Postal code: TF1 6QW
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 information
VI.3) 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 UK Ministry of Defence is to amend a single source Qualifying Defence Contract with the named supplier to satisfy repairs to critical assets whilst an enduring solution is progressed.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Babcock Land Defence
Postal address: Building B15, MoD Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-10-05

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:
Babcock Land Defence Ltd, acting as the UK Ministry of Defence’s agent, intends to negotiate an amendment to an existing single source contract (Ref. No. IRM19/7330) with Rheinmetall BAE Systems Land (RBSL) for the safety critical modification of a fixed quantity of Commanders Control Handles to the latest build standard in line with the existing Contract Terms and Conditions. The value of the contract amendment is £1.925m.
It is considered that this amendment to contract can be undertaken using the negotiated procedure without prior publication pursuant to Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contract Regulations 2011 for technical reasons because:
a. RBSL are the Design Authority for the vehicle platform who undertook the Post Design Service Activity to address safety concerns. RBSL therefore have access to the design drawing/information, technical specifications and technical expertise required to modify and undertake proof testing of these articles to the latest specification.
b. Due to the safety critical nature of the materiel, there would be significant safety and quality risks associated with repairing items with no technical / repair specifications. RBSL are the only supplier who has access to this technical data to negate the safety and quality risks. As the articles are safety critical to the operation of the platform, the articles must be repaired and modified in accordance with the relevant technical specifications in order to meet operational safety requirements.
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 UK Ministry of Defence is to amend a single source Qualifying Defence Contract with the named supplier to satisfy repairs to critical assets whilst an enduring solution is progressed.