Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-016488/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: ADEWS COMMERCIAL, DE&S, ROOM C127, BUILDING 85, RAF HENLOW
Town: Henlow
Postal code: SG16 6DN
Country: United Kingdom
Email: john.fildes101@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: ADEWS/135 – Post Design Services and Industrial Support for the AD Simulator
II.1.2) Main CPV code: 50660000
II.1.3) Type of contract Services
II.1.4) Short Description:
Post Design Services and Industrial Support for the AD Simulator
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Air Defence & Electronics Warfare Delivery Team, part of the Ministry of Defence, intends to award a contract to BAE Systems (Operations) Limited for three years plus two option years, with a value of £2.0 million, to provide Post Design Services and Industrial Support for the Air Defence Training Simulator (ADSIM) at the Defence College of Air and Space Operations.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Two separate option years (in addition to initial 3 years of contract)

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: 711856454
Title: ADEWS/135 – Post Design Services and Industrial Support for the AD Simulator

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-05-24
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Post Design Services and Industrial Support for the AD Simulator
Postal address: BAE Systems – Air – Defence Information, North Way, : Hillend Industrial Park
Town: Dunfermline
Postal code: K11 9HQ
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 – ADEWS DT
Postal address: DE&S, Room C127, Building 85, RAF Henlow,
Town: Henlow
Postal code: SG16 6DN
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-05-24

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 Air Defence & Electronics Warfare Delivery Team, part of the Ministry of Defence, intends to award a contract to BAE Systems (Operations) Limited for three years plus two option years, with a value of £2.0 million, to provide Post Design Services and Industrial Support for the Air Defence Training Simulator (ADSIM) at the Defence College of Air and Space Operations. The Cyber Risk Profile for this requirement identified by the Cyber Risk Assessment is Low. (Reference RAR-240516A09).
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this contract 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 this contract can be awarded without prior publication of a contract notice in the UK e-notification service in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
This is because BAE Systems (Operations) Limited is the Design Authority for ADSIM and has the expertise, know-how and technical documentation (including in particular the source code for the software) necessary to both safely maintain ADISM and enhance it to meet future requirements. A new supplier would need to reverse engineer the software. This would introduce unacceptable risk to the integrity of ADSIM, its functionality and its operational effectiveness, and as a consequence risk to personnel and equipment.