Anti-aircraft. Provision of upgraded common missile warning system 3rd generation electronic control units and user data modules.
Voluntary ex ante transparency notice
Section I: Contracting authority/entity
Air Platform Systems Project Team
Walnut 0c, #1032, MoD, Abbey Wood
BS34 8JH Bristol
UNITED KINGDOM
Section II: Object of the contract
Purchase
NUTS code UKJ4
35322100
Including VAT. VAT rate (%) 20
Section IV: Procedure
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
No tenders or no suitable tenders in response to: negotiated procedure with prior call for competition
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: connected with the protection of exclusive rights
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 Air Platform Systems (APS) Platform Protection team, part of the Ministry of Defence intends to place a Contract with BAE Systems (through its operation in Nashua, USA) for the provision of Generation 3 ECUs.
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) of the Defence and Security Public Contracts Regulations 2011) on the basis that there are technical reasons and reasons connected with the protection of exclusive rights which require the contract to be awarded to BAE Systems.
The Generation 3 ECUs were developed by BAE Systems under contract with the US Govt. BAE Systems has asserted a right to the designs of the hardware and to the Intellectual Property contained therein, which would prevent another supplier from meeting the UK MOD requirement. UK MOD does not believe that it has a right to this information to allow transfer to an alternate supplier and the work outlined in the requirement cannot be undertaken without access to this information.
Section V: Award of contract
Section VI: Complementary 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-20131018-DCB-5206453.