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Artillery. Procurement of Qty 3500 Peltor Comm Tac XP Hearing Protectors for use by L118 Light Gun (LG) and AS90 Gun Detachment crews.

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)

Artillery Systems Team, DE&S;
Spruce 0a, #1003, MOD Abbey Wood
BS34 8JH Bristol

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.1.1)Title attributed to the contract
Procurement of Hearing Protection for L118 Light Gun (LG) and AS90 Gun Detachments.
II.1.2)Type of contract and location of works, place of delivery or of performance
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)
Artillery. Procurement of Qty 3500 Peltor Comm Tac XP Hearing Protectors for use by L118 Light Gun (LG) and AS90 Gun Detachment crews.
II.1.5)Common procurement vocabulary (CPV)


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: 664 000,00 GBP
Excluding VAT

Section IV: Procedure

IV.1)Type of procedure
Negotiated without publication of a contract notice / call for competition
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 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 by the contracting authority/entity and in accordance with the strict conditions stated in the relevant Directive: no
The works/goods/services can be provided only by a particular tenderer for reasons that are: technical
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
Additional works/deliveries/services are ordered under the strict conditions stated in the Directive: no
For supplies quoted and purchased on a commodity market: no
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
The Combat Tracks Group Artillery Systems Team, part of the UK Ministry of Defence, intends to award a five month contract for the Procurement of Qty. 3500 Peltor Comm Tac XP Hearing Protectors for use by L118 Light Gun and AS90 Gun Detachment crews.
It is considered 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) (technical reasons) of the Defence and Security Public Contracts Regulations (DSPCR) 2011). This is because 3M Ltd are considered to be solely capable of producing the Peltor Comm Tac XP Hearing Protection system in terms of having at its disposal the specific technical expertise, tooling and equipment required for its production. Following market research and testing, the Peltor Comm Tac XP has been identified by MoD Subject Matter Experts as being the most effective means of reducing the risk of noise induced hearing loss arising from use of the L118 LG and AS90 gun systems to an As Low As Reasonably Practicable (ALARP) level, in line with current UK legislation.
From a safety perspective, it is also essential that gun operatives are able to hear command and control orders (ambient noise) through the impulse noise generated by the guns, as the inability of the user to hear orders on the gun position presents a greater risk to safety than the impulse noise itself. This is an essential safety requirement which must be fulfilled by this equipment in order to ensure the functionality of AS90 and Light Gun batteries. The Peltor Comm Tac XP ear defenders offer an advanced level of functionality that allows users to hear ambient noise whilst at the same time reducing the impact of impulse noise on the user. The Peltor Comm Tac XP ear defenders are also specifically designed to be used underneath UK military helmets and are compatible with the British Army's personal radio system.
IV.2)Award criteria
IV.2.1)Award criteria
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
IV.3.2)Previous publication(s) concerning the same contract

Section V: Award of contract

Contract No: ARTYSYS/00245
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

3M Limited

V.4)Information on value of contract
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no

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

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

GO Reference: GO-2013314-DCB-4657193.
VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures

Artillery Systems Team, DE&S;

Body responsible for mediation procedures

Artillery Systems Team, DE&S;

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

Artillery Systems Team, DE&S;

VI.4)Date of dispatch of this notice: