Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 018-030804/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, ISTAR, Joint Sensor and Engagement Networks Team (JSENS)
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Email: DESJSENS-SACC-Comrcl-CP5@mod.uk
Nuts code: UKK
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: SAAB Deliverables and Support to Deliver Integration of G-AMB into GBAD.

Reference number: JSENs/00114
II.1.2) Main CPV code: 35121900
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
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:7500000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKK, UKK1 Main site or place of performance:South West (England), Gloucestershire, Wiltshire and Bristol/Bath area.

II.2.4) Description of the procurement
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.2.5) Award criteria
The most economically advantageous tender in terms of 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
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:2014-01-31
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: SAAB AB (publ)
Town: Gothenburg
Country: Sweden
Nuts code: UKK
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Initial estimated total value of the contract/lot/concession: 7500000.00
Total value of the contract/lot/concession:7500000.00
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-2017123-DCB-9442349.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, ISTAR, Joint Sensor and Engagement Networks Team (JSENS)
Town: Bristol
Country: United Kingdom

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

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

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

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:
protection of exclusive rights, including intellectual property rights

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:
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 of the European Parliament and of The Council (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.