Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-027299/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
Country: United Kingdom
Email: desjsens-comrcl-dsp@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: Giraffe-1X Procurement
II.1.2) Main CPV code: 35722000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The provision of Qty 4 (Four) Giraffe-1X Radars for deployment on operations.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:6500000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The provision of Qty 4 (Four) Giraffe-1X Radars for deployment on operations.

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:2022-09-29
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: SAAB
Town: Gothenburg
Country: Sweden
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: Defence Equipment and Support
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-09-29

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)
Extreme urgency brought about by events unforeseeable for the contracting authority/entity and in accordance with the strict conditions stated in the
directive

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 Secretary of State for Defence intends to enter into a contract with SAAB Limited (the Contractor) for the provision of Qty 4 (Four) Giraffe-1X Radars for deployment on operations with a total estimated value of £6,500,000.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement 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 the award of the element of the contract for Qty 4 (Four) Giraffe-1X Radars for deployment on operations without prior publication of a contract notice in the UK e-notification service (in accordance with the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(iv) of the DSPCR 2011 for reasons of extreme urgency brought about by events unforeseeable by, and not attributable to, the contracting authority (the Ministry of Defence), the time limits specified in regulation 17 for the restricted procedure, or regulation 18 for the negotiated procedure, cannot be met.
The award for the Qty 4 (Four) Giraffe-1X Radars for extreme urgency is strictly necessary to meet an immediate deployment on operations required to respond to an extremely urgent and credible Risk to Life and materiel which exists for ongoing operations as a result of Un-crewed Aerial System (UAS) threat. The extreme urgency has arisen in response to the Risks to Life that have rapidly emerged from technological advances in UAS. The fastest and most effective solution to reduce Risk to Life brought about by these unforeseeable circumstances for the contracting authority is to rapidly procure a credible, 24 hour capable Counter-UAS capability. The SAAB G1X radars are a proven capability and as such there is a high degree of confidence among Counter-UAS experts that they will meet the immediate urgency of the requirement.