Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-008803/EN)
Nature of contract: Service contract
Procedure: Award of a contract without prior publication
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: 65 Brown Street
Town: Glasgow
Country: United Kingdom
Contact Person: Angus MacKay
Email: angus.mackay240@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: MoD Defence Safety Authority BowTie Risk Management Software Application

Reference number: 700120317
II.1.2) Main CPV code: 72261000
II.1.3) Type of contract Services
II.1.4) Short Description:
MoD Defence Safety Authority BowTie Risk Management Software Application
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
MoD Defence Safety Authority BowTie Risk Management Software Application

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
II.2.14) Additional information:
£400k per annum over 5 years. Total Value of £2M

Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
(please complete point 2 of the Annex D)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: TBC
Title: MoD Defence Safety Authority BowTie Risk Management Software Application

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-03-19
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: CGE Risk Management Solutions B.V.
Postal address: Lange Vijverberg 3 2513 AC The Hague The Netherlands
Town: THE HAGUE
Country: Netherlands
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
Postal address: 65 BROWN STREET
Town: GLASGOW
Postal code: G2 8EX
Country: United Kingdom
E-mail: Angus.mackay240@mod.gov.uk

VI.5) Date of dispatch of this notice:
2024-03-19

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The procurement falls outside the scope of application of 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 BowTieXP Risk Management (RM) software is supplied to the MOD under licence by CGE Risk Management Solutions B.V, and the current contract provides support and maintenance including security patches and version updates to avoid obsolescence. This specific software is used across the Defence Safety Authority (DSA) and underpins both the Military Aviation Authority’s (MAA) and the Defence Air Environment’s (DAE) RM processes and manages air safety hazards that pose a Risk to Life (RtL) to serving personnel. The current software has been onboarded to MODNet in accordance with JSP604.The existing contract with CGE Risk Management Solutions B.V ends on the 30 September 2024. The Director General for the DSA on behalf of the Secretary of State for Defence intends to award a 4 year + 1 contract to CGE Risk Management Solutions B.V for the continued support and maintenance of the BowTie XP software.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). 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 contract 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 32(2)(b)(ii) of the PCR 2015 as competition is absent for technical reasons.

As creator of the software CGE Risk Management Solutions B.V. is the only company who can provide the security patches and version updates required to ensure the software remains up to date and secure, in accordance with the requirements of Defence cyber security policy. This is therefore the only way to ensure that the current MOD software continues to be supported and does not become obsolete. Degradation of current software due to a lack of technical support would leave MOD increasingly vulnerable to cyber-attack would have a gradual detrimental impact on a Duty Holder’s ability to manage RtL within their area of responsibility. In addition, as the existing BowTieXP software is integrated into robust and effective RM processes across the DSA and DAE, it would also affect the MAA’s ability to assure the DAE’s RM processes.