Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 009-014381/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, Weapons, Torpedoes, Tomahawk and Harpoon (TTH) Project Team
Postal address: DE&S, Fir 3C #4316, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067986479
Email: DESWPNSTTH-COM1@MOD.UK
Nuts code: UKJ31
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: Torpedoes In Service Support.

Reference number: TTHC/0017
II.1.2) Main CPV code: 35332100
II.1.3) Type of contract Services
II.1.4) Short Description:
Torpedoes, Tomahawk and Harpoon Project Team (TTH PT), as part of the UK Ministry of Defence, intends to place a future contract, on a single source basis, with BAE Systems Maritime Services for up to 10 years duration from no later than July 2019 for the In Service Support of the Spearfish Heavyweight and Sting Ray Lightweight torpedoes.
The new contract is likely to be a CAT A or B requirement depending on scope and duration.
This notice is not a request for expressions of interest, so please do not apply to be invited to tender. This notice advises that the Authority has decided to negotiate a contract with the named supplier on a single source basis, and is published for reasons of transparency. If you are interested in becoming a sub-contractor for this requirement you should apply directly to the supplier named above.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:400000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKJ31 Main site or place of performance:Portsmouth.

II.2.4) Description of the procurement
Task includes: Acting as Co-ordinating Design Authority for Spearfish and Sting Ray Torpedoes, to potentially include the following service elements: 1)Management & Logistics of Torpedo Out-loads/Returns, 2) Stock Management, 3) Technical Services, 4) Integrated Logistics Support. 5) Safety & Environmental Management, 6) Support to Spearfish In Service Firings, 7) Asset Accounting. 8) Sting Ray In-Service Firings. Spearfish Torpedo is in service with the RN, out of service date is 2060. Spearfish is currently being upgraded from mod0 to mod1 by BAES under separate contract. Support to both mod0/1 is a requirement of the contract. Sting Ray Torpedo is also in service with the RN, out of service date being 2030. The precise scope of the work will be defined as part of future negotiations. BAE Systems Maritime Services Ltd are the incumbent supplier and Design Authority for both weapons. Contract value is expected to be up to 400 000 000 GBP subject to negotiations on scope and duration.

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:
There are many Sub-Contractors providing materials, components & technical support. Two major current Sub-Contractors are: Defence Munitions for storage, processing & out-loads; and Hamilton Sundstrand Corp for overhauls & re-certification of Spearfish Engines. The Authority is under no obligation to invite tenders or to offer a contract as a result of this Voluntary Transparency Notice.

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
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:2016/S 138-250957

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2017-01-10
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: BAE Systems Maritime Services
Postal address: Broad Oak, The Airport
Town: Portsmouth
Postal code: PO3 5PQ
Country: United Kingdom
Nuts code: UKJ31
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:400000000
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

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-2017111-DCB-9381591.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Weapons, Torpedoes, Tomahawk and Harpoon (TTH) Project Team
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2017-01-11

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:
The Torpedoes, Tomahawk and Harpoon Project Team, part of the UK Ministry of Defence, believes that this contract can be placed 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). This is due to technical reasons whereby BAE Systems is the only economic operator in the market able to provide the required level of expertise and support to meet the entire requirement without excessive or unacceptable risk.
BAE Systems are the Design Authority for both the Spearfish and Sting Ray torpedoes. Additionally, BAE Systems, under separate contract, are designing an upgrade to the Spearfish torpedo (taking it from mod0 to mod 1). Both types of torpedo will be required to be supported during the contract which will also have to include the incorporation of mod1 kits into Spearfish.
BAE are therefore uniquely placed to undertake the requirement to support these torpedoes and incorporate the modifications having designed, certificated and supported the systems throughout their service life. The technical expertise within BAE Systems is key to the continued safety certification and maintenance to ensure a continued torpedo capability. BAE are the only organisation suitably qualified and experienced to provide the required level of support at an acceptable level of risk. Failure to implement suitable support would jeopardise the functionality of the systems and thus the safety of deployed personnel.