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Anti-aircraft. Provision of upgraded common missile warning system 3rd generation electronic control units and user data modules.

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 Platform Systems Project Team
Walnut 0c, #1032, MoD, Abbey Wood
BS34 8JH Bristol
UNITED KINGDOM

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
APSCM2/00049.
II.1.2)Type of contract and location of works, place of delivery or of performance
Supplies
Purchase

NUTS code UKJ4

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)
Anti-aircraft. Provision of upgraded common missile warning system 3rd generation electronic control units and user data modules.
II.1.5)Common procurement vocabulary (CPV)

35322100

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: 19 000 000 GBP
Including VAT. VAT rate (%) 20

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
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.
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
APSCM2/00049
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-20131018-DCB-5206453.

VI.3)Procedures for appeal
VI.3.1)Body responsible for appeal procedures
VI.3.2)Lodging of appeals
VI.3.3)Service from which information about the lodging of appeals may be obtained
VI.4)Date of dispatch of this notice:
18.10.2013