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Air defence radar. Provision of modifications to the T101 and T102 Air Defence Radars.

Voluntary ex ante transparency notice

This notice is covered by: Directive 2009/81/EC(Defence)

Section I: Contracting authority/entity

I.1)Name, addresses and contact point(s)

Air Defence & Air Traffic Systems (ADATS), DE&S;
ADATS Commercial Manager, Room G29, Building 85, RAF Henlow
Contact point(s): ADATS Commercial Manager
For the attention of: James Hill tel +44 1462851515 x4095
SG16 6DN Henlow
UNITED KINGDOM
Telephone: +44 1462851515
E-mail:
Fax: +44 1462857652

I.2)Type of the contracting authority
I.3)Main activity
1.4)Contract award on behalf of other contracting authorities/entities
The contracting authority/entity is purchasing on behalf of other contracting authorities/entities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract
Provision of Mitigation solution to interference at 2.6Ghz on MoD T101 and T102 Air Defence Radars.
II.1.2)Type of contract and location of works, place of delivery or of performance
Services
Service category No 3: Defence services, military defence services and civil defence services

NUTS code UKH2

II.1.3)Information about a framework agreement or a dynamic purchasing system (DPS)
II.1.4)Short description of the contract or purchase(s)
Air defence radar. Provision of modifications to the T101 and T102 Air Defence Radars.
II.1.5)Common procurement vocabulary (CPV)

35723000

II.6)Information about Government Procurement Agreement (GPA)
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 3 000 000 GBP

Section IV: Procedure

IV.1)Type of procedure
Award of a contract without prior publication of a contract notice in the Official Journal of the European Union (in the cases listed in Section 2 of Annexes D1, D2 or D3 as appropriate)
Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with art. 28 of Directive 2009/81/EC
The works/goods/services can be provided only by a particular tenderer for reasons that are: connected with the protection of exclusive rights
The ADATS DT, part of the UK Ministry of Defence, intends to award two, one year contracts to BAe INSYTE Ltd for the modification of T101 and T102 Air Defence Radars to remedy the effect of interference caused by 2.6Ghz transmissions following the introduction of 4G WYMAX. It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 31(1)(b) of Directive 2004/18/EC (Regulation 14(1)(a)(iii) of the Public Contracts Regulations 2006).
This is because BAe Systems INSYTE Ltd have exclusive access to the IPR, original drawings and associated confidential data and underlying know-how needed to provide the services under this Contract. Without access to the data, there would be disproportionate technical and safety difficulties for another supplier to carry out modifications required in the Contract. This would have an impact on the effectiveness of operations together with a disproportionate impact on time and cost. Furthermore, BAe Systems INSYTE Ltd will not licence the use of the IPR to another company.
IV.2)Award criteria
IV.2.1)Award criteria
The most economically advantageous tender in terms of
Technical solution. Weighting 100
IV.2.2)Information about electronic auction
An electronic auction will be used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority/entity
ADGBS/2169 AND ADATS/037
IV.3.2)Previous publication(s) concerning the same contract
no

Section V: Award of contract

V.1)Date of contract award decision:
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken
V.4)Information on value of contract
V.5)Information about subcontracting

Section VI: Complementary information

VI.1)Information about European Union funds
The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:

Suppliers interested in working with the Ministry of Defence should register on the MOD Supplier Information Database (SID) Register, available at www.contracts.mod.uk. The MOD SID is a database of active and potential suppliers available to all MOD and UK Defence procurement personnel, and is the main supplier database of MOD Procurement organisations. Please note: the registration and publication of a company profile on the MOD SID does not mean or imply that the supplier has in any way been vetted or approved by the MOD. Suppliers wishing to compete for advertised MOD contracts must respond to any specific call for competition by submitting a separate expression of interest in accordance with the instructions of the purchasing organisation.

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-20121025-DCB-4342473.

VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures

Air Defence & Air Traffic Systems (ADATS), DE&S;
ADATS Commercial Manager, Room G29 Building 85, RAF Henlow
SG16 6DN Henlow
UNITED KINGDOM
E-mail:
Telephone: +44 1462851515
Internet address: (01462) 857652

Body responsible for mediation procedures

Air Defence & Air Traffic Systems (ADATS), DE&S;

VI.3.2)Lodging of appeals
VI.3.3)Service from which information about the lodging of appeals may be obtained

Air Defence & Air Traffic Systems (ADATS), DE&S;

VI.4)Date of dispatch of this notice:
25.10.2012