Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 019-032816/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, Land Equipment, Training and Simulation Systems Programme (TSSP)
Town: Bristol
Country: United Kingdom
Email: deslestsp-tssp-comrcl3@mod.uk
Nuts code: UKK11
Internet address(es):
Main address: WWW.BIPSOLUTIONS.COM

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: Post Design Services for Area Weapons Effects Simulator.
II.1.2) Main CPV code: 34152000
II.1.3) Type of contract Services
II.1.4) Short Description:
The requirement is for Post Design Services for Area Weapons Effects Simulator.
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: UKK11 Main site or place of performance:Bristol, City of.

II.2.4) Description of the procurement
The Training and Simulation Systems Programme Team (‘TSSP’), part of the UK Ministry of Defence (‘MOD’) intends to award an amendment to an existing contract with Cubic Defence Applications Inc for Post Design Services (PDS) Support for the Area Weapons Effects Simulator (AWES) to upgrade AWES equipment to resolve capability obsolescence.

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:2017-01-23
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: Cubic Defense Applications Ltd
Town: San Diego
Country: United States
Nuts code: UKK11
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:2000000.00
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-2017124-DCB-9449511.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Land Equipment, Training and Simulation Systems Programme (TSSP)
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2017-01-24

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:
The Training and Simulation Systems Programme Team (“TSSP”), part of the UK Ministry of Defence (“MOD”) intends to award an amendment to an existing contract with Cubic Defence Applications Inc for Post Design Services (PDS) Support for the Area Weapons Effects Simulator (AWES) to upgrade AWES equipment to resolve capability obsolescence.
It is considered that this amendment to contract can be placed using the Negotiated Procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of the Directive 2009/81/EC of the European Parliament and of The Council (Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011.) Cubic Defence Applications Inc (CDA) is the manufacturer of, and Design Authority (DA) for AWES and presently holds the Support and Repair contract for AWES. The MoD cannot contract with any other economic entity as the performance of the PDS contract requires access to technical information including plans, designs and drawings owned by CDA and to which only it has access. Performance of the contract also requires access to ITAR controlled information and CDA is the only entity authorised to receive this information. For technical reasons and the necessity to use specific know-how and expertise the contract may only be awarded to CDA.”.