Defence Online

Type of document: Contract Notice
Country: United Kingdom

UK-Telford: Specialist vehicles.

Preliminary Questions
This notice is published by:
Directive 2009/81/EC

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, Babcock Land Defence Limited
Babcock Land Defence Limited, Building B15, Donnington, Telford, TF2 8JT, United Kingdom
Tel. +44 1952967329, Email: robert.fisher@babcockinternational.com
Contact: Robert Fisher
Main Address: www.babcockinternational.com, Address of the buyer profile: www.babcockinternational,com
NUTS Code: UKG21

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: IRM19/7471 – The Supply of Cougar Spares from NP Aerospace.
Reference number: IRM19/7471

II.1.2) Main CPV code:
34114000 – Specialist vehicles.

II.1.3) Type of contract: SUPPLIES

II.1.4) Short Description: The Authority is considering the placement of a 15 month Contract with NP Aerospace for the supply of Cougar spares specifically for those spares sourced directly from NP Aerospace.

II.1.6) Information about lots
This contract is divided into lots: No

II.1.7) Total value of the procurement (excluding VAT)
Value: 2,100,000
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UKG21 Telford and Wrekin

II.2.4) Description of the procurement:
Not provided

II.2.5) Award criteria
(Directive 2009/81/EC)

The most economically advantageous tender in terms of: Criterion – Weighting
Criterion: Criterion 1 – Price and adherence to Technical Compliance / Weighting: 10

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

II.2.14) Additional information:
Not provided

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/EC)

IV.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement:Yes

IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No

IV.2)Administrative Information

IV.2.1) Previous publication concerning this procedure:
Notice number in OJ S: Not provided

Section V: Award Of Contract/Concession

Award of Contract/Concession No: 1
Contract No: IRM19/7471 Lot Number: Not Provided Title: Not Provided

V.2) Award of contract/concession

V.2.1) Date of contract award decision: 23/11/2020.

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/concessionaire, No. 1:
NP Aerospace
473 Foleshill Road, Coventry, CV6 5AQ, United Kingdom
Tel. +44 2476702808, Email: info@npaerospace.com
Internet address: www.npaerospace.com
NUTS Code: UKG33
The contractor/concessionaire will be an SME: No

V.2.4) Information on value of the contract/lot/concession:
Initial estimated total value of the contract: 2,100,000
Total value of the contract/lot/concession 2,100,000
Currency: GBP

V.2.5) Information about subcontracting:
The contract is likely to be subcontracted: No

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
VI.4) Procedures for review

VI.4.1) Review Body
Ministry of Defence, Babcock Land Defence Limited
Building B15, Donnington, Telford, TF2 8JT, United Kingdom
Tel. +44 1952967329, Email: robert.fisher@babcockinternational.com

V1.4.2) Body responsible for mediation procedures:
Ministry of Defence, Babcock Land Defence Limited
Telford, United Kingdom
Tel. +44 1952967329, Email: robert.fisher@babcockinternational.com.

VI.4.3) Review procedure
Not Provided

VI.4.4) Service from which information about the review procedure may be obtained
Ministry of Defence, Babcock Land Defence Limited
Telford, United Kingdom
Tel. +44 1952967329, Email: robert.fisher@babcockinternational.com

VI.5) Date of dispatch of this notice: 24/11/2020

Annex D3 – Defence and Security
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2009/81/EC

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/EC

No tenders or no suitable tenders/requests to participate in response to: Not Provided

The contract concerns research and development services other than those referred to in Article 13 of Directive 2009/81/EC: No

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive: No

All tenders submitted in reply to a restricted procedure, negotiated procedure with prior publication of a contract notice or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: No

The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons

The periods for the restricted procedure and the negotiated procedure with prior publication of a contract notice are incompatible with the urgency resulting from a crisis: No

Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive: No

Additional deliveries by the original supplier ordered under the strict conditions stated in the directive: No

New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive: No

Procurement of supplies quoted and purchased on a commodity market: No

Purchase of supplies or services on particularly advantageous terms: Not Provided

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: (500 words maximum)
The Authority intends to award this Contract using the Negotiated Procedure Without Prior Publication pursuant to Article 28(1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 (the “Regulations”) to NP Aerospace, for fifteen (15) months on the basis that, for technical reasons, the Contract can only be awarded to NP Aerospace. This is because NP Aerospace, in its capacity as Design Authority, exclusively possesses the technical know–how, proprietary information and experience required to produce and manufacture the range of items to the latest build standard. If another contractor were to meet this requirement, the resultant lack of overall safety integrity would lead to NP Aerospace ceasing to underwrite the safety of the vehicles