Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-018644/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: MOD ABBEY WOOD
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Monika Zembrowska
Email: monika.zembrowska100@mod.gov.uk
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: Future Air Navigation System (FANS) A/B Customisation Database
II.1.2) Main CPV code: 60445000
II.1.3) Type of contract Services
II.1.4) Short Description:
Procurement of Ageny code for A B database
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1810000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Procurement of Agency code for A B database

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Options for 2 by 1 year

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: 706358450
Title: Future Air Navigation System (FANS) A/B DSP

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-06-12
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: ARINC Incorporated
Postal address: 2551 Riva Road
Town: Annapolis MD
Postal code: 21401 UDA
Country: United States
Email: jane.segalla2@collins.com
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, Defence Equipment and Support
Postal address: MOD ABBEY WOOD
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-06-17

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)
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 A400M Delivery Team part of the UK Ministry of Defence intends to award up to a 5-year contract for Future Air Navigation System A & B (FANS) to Collins Aerospace (trading as ARINC Inc), to be the Data Service Provider (DSP) on A400M Aircraft.
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 (DSPCR 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 this 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 due to technical reasons.
The FANS equipment requires a DSP to manage the message transmission to and from each aircraft and the Air Traffic Control in order to be compliant with the Military Aviation Authority, Civil Aviation Authority, Federal Aviation Authority & European Union Aviation Safety Authority flight management regulations. The DSP registers each individual aircraft (a unique ID) on their system, which allows them to recognise the messages sent from and to each aircraft and directs them appropriately. The aircraft onboard system implemented by OCCAR and Airbus, for the UK and other OCCAR Partner Nations, is provided by Collins Aerospace and they have configured FANS on the Airbus A400M Aircraft. The DSP must be the same contractor who has configured FANS as it contains unique elements to the aircraft which cannot be provided by any other contractor.