Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-007029/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: Building B15, MoD Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom
Email: justyna.chmura@babcockinternational.com
Internet address(es):
Main address: www.babcockinternational.com

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 Supply of Medium Girder Bridge And TYRO (CSB/GSB) Spares
II.1.2) Main CPV code: 34144300
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Babcock Land Defence Ltd, acting as agent for the UK Ministry of Defence, intends to negotiate a contract using the Negotiated Procedure Without Prior Publication pursuant to Regulation 16(1)(a)(ii) of the DPCR Contracts Regulations 2011 to WFEL Limited on the basis that, WFEL Limited, in its capacity as Design Authority, are the sole manufacturer of spares, components and associated items for the Medium Girder Bridge Spares And TYRO (CSB/GSB), and will only supply direct to the UK Ministry of Defence.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Babcock Land Defence Limited is acting as agent on behalf of the Ministry of Defence, in the first instance interested parties may contact Babcock with queries relating to this procurement, who intends to award a contract to WFEL Ltd for the provision of Medium Girder Bridge And TYRO (CSB/GSB) Spares for a period of 7 years with no option years. The estimated total contract value is not to exceed £1,000,000.00.

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 DSPCR 2011 for technical reasons.
The contractor deliverables to be provided under the contract can only be supplied by WFEL Ltd because only WFEL Ltd has significant niche expertise, knowledge, and acquired specific experience to undertake the manufacture, testing and supply.

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.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
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: IRM23/7632
Title: The Supply of Medium Girder Bridge And TYRO (CSB/GSB) Spares

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-02-06
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: WFEL Ltd
Postal address: Sir Richard Fairey Road
Town: Stockport
Postal code: SK4 5DY
Country: United Kingdom
Nuts code:
The contractor is an SME: yes

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 Defense
Postal address: Building B15, MoD Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-03-05

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

No tenders or no suitable tenders/requests to participate in response to:
restricted procedure

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:
Babcock Land Defence Ltd, acting as agent for the UK Ministry of Defence, intends to negotiate a contract using the Negotiated Procedure Without Prior Publication pursuant to Regulation 16(1)(a)(ii) of the DPCR Contracts Regulations 2011 to WFEL Limited on the basis that, WFEL Limited, in its capacity as Design Authority, are the sole manufacturer of spares, components and associated items for the Medium Girder Bridge Spares And TYRO (CSB/GSB), and will only supply direct to the UK Ministry of Defence.