Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 085-167020/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services
Directive 2009/81/EC

Directive 2009/81/EC

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, ISTAR, Air Defence and Electronic Warfare Systems
Postal address: RAF Henlow
Town: Henlow
Postal code: SG16 6DN
Country: United Kingdom
Contact Person: Becky Hazel
Telephone: +44 14628515154071
Email: desadews-comrclmgr@mod.uk
Nuts code: 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: T92 and TPS77 Radar Support Contract.

Reference number: ADEWS/034
II.1.2) Main CPV code: 35820000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Air Defence and Electronic Warfare Systems (ADEWS) Delivery Team, part of the UK Ministry of Defence (the Authority), intends to place a new 4 year contract for Contractor Logistics Support for the TPS-77 and Type 92 Air Defence Radars with Lockheed Martin Overseas Corporation on 1.3.2018.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:19000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UK Main site or place of performance:United Kingdom.

II.2.4) Description of the procurement
The Contract will be a 4 year CLS Contract.
The Contractor will be required to will carry out the work so that the Radar Systems achieve a minimum of 95 % availability, per the contract, over the entire period of the Contract.

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
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2017-04-26
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Lockheed Martin Overseas Corporation
Postal address: 497 Electronics Pkwy, EP5-201
Town: New York
Postal code: 13088
Country: United States
Telephone: +01 3154562236
Email: michael.gilbert@lmco.com
Nuts code: UK
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Total value of the contract/lot/concession:19000000
Currency:GBP
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
Proportion: 40 %
Short description of the part of the contract to be subcontracted:Contractor Logistic Support Services.

Section VI: Complementary information
VI.3) Additional information:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU:- This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-2017428-DCB-10096169.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, ISTAR, Air Defence & Electronic Warfare Systems
Postal address: RAF Henlow
Town: Henlow
Postal code: SG16 6DN
Country: United Kingdom
Telephone: +44 14628515154071
E-mail: DESADEWS-ComrclMgr@mod.uk

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, ISTAR, Air Defence & Electronic Warfare Systems
Town: Henlow
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2017-04-28

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 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:
It is considered that this requirement can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/EC of the European Parliament and of the Council (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011) for the following technical reasons:
Lockheed Martin Overseas Corporation is the only supplier with the required expertise, specific know how and data to provide in depth support to the TPS-77 and T92 radar fleet. As the original equipment manufacturer, only Lockheed Martin Overseas Corporation is capable of repairing and providing the complete set of parts that ensure the specified performance (and safety case) for the TPS-77 and T92 radar fleet are maintained. This is because Lockheed Martin has retained this information as confidential information. Additionally the Contractor’s software is protected as Proprietary and confidential Information under an unregistered copyright and at no point has the software source code been delivered to the Authority. Without access to the software code, no in depth support can be given nor any modifications to the equipment.

Post written by: Andrew Perry