Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-002660/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
Town: Bristol
Country: United Kingdom
Email: DESJSENS-COMRCL-DSP@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: JSENS/00131 Extension to G-AMB Support Contract Voluntary Transparency Notice (VTN)
II.1.2) Main CPV code: 35723000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Joint Sensors and Engagement Networks Team (JSENS), part of the UK Ministry of Defence, intends to award a contract to SAAB AB (publ) (the ‘Contractor’), by way of amendment to Contract JSENS/00131 (the ‘Contract’). The current Contract term shall be extended by 12 months, to 31st March 2025. The Contract is for the for the provision of logistic and integration support, and associated articles, in relation to the Giraffe-Agile Multi Beam (G-AMB) radars which support the UK Ministry of Defence’s Land Environment Air Picture Provision and Ground Based Air Defence capabilities. The Contract amendment has a value of between £5m-£9m (Ex VAT). The Contract therefore has an overall estimated value of £61,000,000 (Ex VAT).
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:61000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
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, by way of an amendment to 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 for technical reasons.
This is because the Contractor is the manufacturer of and design authority for, and holder of all relevant intellectual property rights and proprietary information (such as drawings and specifications) in, the G-AMB radars and the Authority procured:
(i) the G-AMB radars from the Contractor under the terms of a contract entered into on 17.8.2015 and
(ii) logistic support from the Contractor for such radars under contract JSENS/00131 entered into on 1.1.2019
No licences have been granted to any other persons, including the Authority, to obtain and exploit the drawings and specifications necessary to provide the requirement to support the equipment. The Contractor, as the only manufacturer and supplier of the G-AMB radars, is the only economic operator with the specific knowledge of the system to be able to support such equipment, avoiding incompatibility and safety issues and the need for the re-design of relevant components. The Contractor is therefore the only economic operator capable of meeting the Authority’s technical requirements under the Contract.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
The following Options are to be included in the awarded contract:
1 – Provision of operator, maintainer, and T3 training courses Course
2 – Provision of a Subject Matter Expert (SME) for one, two, or four weeks
3 – One-way G-AMB Transportation between UK and Sweden
4 – European Training/Exercise Support for one, two, or four weeks
5 – Deployable Spares Pack for one, two, or four weeks
6 – G-AMB Refurbishment
7 – Additional operational hours to support deployed G-AMBs

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: JSENS/00131
Title: Giraffe Agile-Multi Beam Radar (G-AMB) CLS Support Contract

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-01-25
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Saab AB (Publ.)
Postal address: Solhusgatan
Town: Gothenburg
Postal code: 412 89
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: JSENS Delivery Team, DE&S
Town: Bristol
Country: United Kingdom
E-mail: DESJSENS-COMRCL-DSP@mod.gov.uk

VI.5) Date of dispatch of this notice:
2024-01-26

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:
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, by way of an amendment to 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 for technical reasons.
No licences have been granted to any other persons, including the Authority, to obtain and exploit the drawings and specifications necessary to provide the requirement to support the equipment. The Contractor, as the only manufacturer and supplier of the G-AMB radars, is the only economic operator with the specific knowledge of the system to be able to support such equipment, avoiding incompatibility and safety issues and the need for the re-design of relevant components. The Contractor is therefore the only economic operator capable of meeting the Authority’s technical requirements under the Contract.