Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2021/S 000-028412/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
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Mr Ashley Morris
Email: DESC17CSAE-Commercial@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: C17CSAE/0005 – Supply of BT series Parachute Systems & PDS
II.1.2) Main CPV code: 39523000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The C17CSAE Delivery Team, part of the UK Ministry of Defence (“MOD”), intends to amend an existing contract with Safran Electronics and Defense (“Safran”) for the procurement of BT80 and BT533 parachute systems which includes the provision of Post Design Services. The amendment will be to add the procurement of a specified number of BT380 parachute systems (previously procured by MOD from Safran) and the procurement of spares for the BT80, BT380 and BT533 systems for the period January 2022 to 31 March 2024. The maximum value of the amendment is £4.108M.
It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Articles 28(1)(e) and 28(3)(f) of Directive 2009/81/EC (Regulations 16(1)(a)(ii) and 16(1)(b)(i) of the UK Defence and Security Public Contracts Regulations 2011 respectively) for technical reasons and for reasons connected with the protection of exclusive rights and for additional supplies reasons.
This is because the goods and spares are to be provided in addition to the MOD’s existing supplies of the same three parachute systems and a change in supplier would oblige MOD to acquire goods with different technical characteristics, which would result in incompatibility with the supplies already in service and disproportionate technical difficulties in the operation and maintenance of the existing goods. Furthermore Safran has not licensed sufficient rights to MOD or any third party to enable any third party to manufacture any of the systems or any associated spares and is the only supplier who has the ability and know-how to provide a compliant airworthiness and safety case to the reasonable satisfaction of MOD.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:9950000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Procurement of a specified number of BT380 parachute systems (previously procured by MOD from Safran) and the procurement of spares for the BT80, BT380 and BT533 systems for the period January 2022 to 31 March 2024

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
Contract No: C17CSAE/005
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2021-11-12
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: SAFRAN ELECTRONICS AND DEFENSE
Postal address: 72-76 RUE DE HENRY FARMAN
Town: Paris
Postal code: 75015
Country: France
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: Government Legal Department – Ministry of Defence
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-11-12

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)

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 contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Articles 28(1)(e) and 28(3)(f) of Directive 2009/81/EC (Regulations 16(1)(a)(ii) and 16(1)(b)(i) of the UK Defence and Security Public Contracts Regulations 2011 respectively) for technical reasons and for reasons connected with the protection of exclusive rights and for additional supplies reasons.
This is because the goods and spares are to be provided in addition to the MOD’s existing supplies of the same three parachute systems and a change in supplier would oblige MOD to acquire goods with different technical characteristics, which would result in incompatibility with the supplies already in service and disproportionate technical difficulties in the operation and maintenance of the existing goods. Furthermore Safran has not licensed sufficient rights to MOD or any third party to enable any third party to manufacture any of the systems or any associated spares and is the only supplier who has the ability and know-how to provide a compliant airworthiness and safety case to the reasonable satisfaction of MOD.