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APSCM2/00051

Contract award notice

Supplies

Directive 2004/18/EC

Section I: Contracting authority

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
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity
Defence
I.4)Contract award on behalf of other contracting authorities
The contracting authority is purchasing on behalf of other contracting authorities: no

Section II: Object of the contract

II.1)Description
II.1.1)Title attributed to the contract
APSCM2/00051
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.1.6)Information about Government Procurement Agreement (GPA)
The contract is covered by the Government Procurement Agreement (GPA): yes
II.2)Total final value of contract(s)
II.2.1)Total final value of contract(s)
Value: 28 764 123 USD
Including VAT. VAT rate (%) 20,0

Section IV: Procedure

IV.1)Type of procedure
IV.1.1)Type of procedure
Negotiated without a call for competition
Justification for the award of the contract without prior publication of a contract notice in the Official Journal of the European Union (OJEU):
Directive 2004/18/EC

1) Justification for the choice of the negotiated procedure without prior publication of a contract notice in the OJEU in accordance with Directive 2004/18/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 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 has been used: no
IV.3)Administrative information
IV.3.1)File reference number attributed by the contracting authority
APSCM2/00051
IV.3.2)Previous publication(s) concerning the same contract

Voluntary ex ante transparency notice

Notice number in the OJEU: 2013/S 205-355097 of 18.10.2013

Section V: Award of contract

Contract No: APSCM2/00051 Lot title: Procurement of Generation 3 AAR57 Electronic Control Units and User Data Modules
V.1)Date of contract award decision:
20.12.2013
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

BAE Systems Information & Electronic Systems Integration Inc
95 Canal Street, PO Box 868
NH 03064-2 Nashua
UNITED STATES

V.4)Information on value of contract
Initial estimated total value of the contract:
Value: 19 000 000 GBP
Total final value of the contract:
Value: 28 764 123 USD
Including VAT. VAT rate (%) 20,0
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no
Contract No: APSCM200051
V.1)Date of contract award decision:
20.12.2013
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

BAE Sysstems Information and Electronic Systems Integration Inc
95 Canal Street, PO Box 868
Nashua
UNITED KINGDOM

V.4)Information on value of contract
Total final value of the contract:
Value: 28 764 123 USD
Including VAT. VAT rate (%) 20,0
V.5)Information about subcontracting
The contract is likely to be sub-contracted: no
V.1)Date of contract award decision:
20.12.2013
V.2)Information about offers
V.3)Name and address of economic operator in favour of whom the contract award decision has been taken

BAE Systems Information and Electronic Systems Integration Inc
95 Canal Street, PO Box 868, Nashua
New Hampshire
UNITED STATES

V.4)Information on value of contract
Total final value of the contract:
Value: 28 764 123 USD
Including VAT. VAT rate (%) 20,0
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 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-2014128-DCB-5420133

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:
28.1.2014