Defence Online

Type of document: Contract Notice
Country: United Kingdom

UK-Bristol: Radar detectors.

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

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, ISTAR, Joint Sensor and Engagement Networks Team (JSENS)
Bristol, BS34 8JH, United Kingdom
Email: DESJSENS-SACC-Comrcl-CP5@mod.uk
Main Address:
NUTS Code: UKK

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: SAAB Deliverables and Support to Deliver Integration of G-AMB into GBAD.
Reference number: JSENs/00114

II.1.2) Main CPV code:
35121900 – Radar detectors.

II.1.3) Type of contract: SERVICES

II.1.4) Short Description: Joint Sensors and Engagement Networks Team, part of the UK Ministry of Defence, intends to amend Contract JSENS/00114 (the ?Contract?) with SAAB AB (publ) (the ?Contractor?) for the procurement of additional emulators, the modification of communications equipment and the provision of related specialist support for the Giraffe-Agile Multi Beam Radar (G-AMB) Initial Operating Capability (IOC) project to support the UK Ministry of Defence?s Ground Based Air Defence (GBAD) IOC programme.

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

II.1.7) Total value of the procurement (excluding VAT)
Value: 7,500,000
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UKK SOUTH WEST (ENGLAND)
UKK1 Gloucestershire, Wiltshire and Bristol/Bath area

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 / Weighting: pass/fail

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: No

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: Not Provided Lot Number: Not Provided Title: Not Provided

V.2) Award of contract/concession

V.2.1) Date of contract award decision: 31/01/2014.

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:
SAAB AB (publ)
Gothenburg, Sweden
NUTS Code: UKK
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: 7,500,000
Total value of the contract/lot/concession 7,500,000
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, ISTAR, Joint Sensor and Engagement Networks Team (JSENS)
Bristol, United Kingdom

V1.4.2) Body responsible for mediation procedures:
Ministry of Defence, ISTAR, Joint Sensor and Engagement Networks Team (JSENS)
Bristol, United Kingdom.

VI.4.3) Review procedure
Not Provided

VI.4.4) Service from which information about the review procedure may be obtained
Ministry of Defence, ISTAR, Joint Sensor and Engagement Networks Team (JSENS)
Bristol, United Kingdom

VI.5) Date of dispatch of this notice: 23/01/2017

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:

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

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

Contract related to the provision of air and maritime transport services for the armed forces of a Member State deployed or to be deployed abroad, under the strict conditions stated in the directive: No

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)
Joint Sensors and Engagement Networks Team, part of the UK Ministry of Defence, intends to amend Contract JSENS/00114 (the ?Contract?) with SAAB AB (publ) (the ?Contractor?) for the procurement of additional emulators, the modification of communications equipment and the provision of related specialist support for the Giraffe-Agile Multi Beam Radar (G-AMB) Initial Operating Capability (IOC) project to support the UK Ministry of Defence?s Ground Based Air Defence (GBAD) IOC programme.

It is considered that this requirement can be placed using the negotiated procedure without prior publication of a contract notice 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) on the basis that the contract may be awarded to the Contractor only for technical reasons.

The Contractor is the only supplier able to provide the requirement to deliver and support the integration of G-AMB into GBAD as it is the only market supplier of the G-AMB sensors and with the specific know-how of the system to modify such equipment. Accordingly, the Contractor is the only supplier capable of providing the G-AMB Mod C components to the specification required under the Contract as amended to integrate into the GBAD Command, Control and Launchers.