Section one: Contracting authority/entity
one.1) Name and addresses
University of Leeds
Purchasing Office, 1 - 3 Lifton Villas, Lifton Place
Leeds
LS2 9JZ
Contact
Maggie Whitworth
Telephone
+44 1133431810
Country
United Kingdom
NUTS code
UKE42 - Leeds
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Education
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Modification of the FAAM Atmospheric Research Aircraft (ARA) via Mid Life Upgrade.
Reference number
2021 306
two.1.2) Main CPV code
- 50210000 - Repair, maintenance and associated services related to aircraft and other equipment
two.1.3) Type of contract
Services
two.1.4) Short description
Services for Atmospheric Research Aircraft. Provision of Mid Life Modification Upgrade services - the BAe 146 301 aircraft, serial number E3001
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £30,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 50211100 - Aircraft maintenance services
two.2.3) Place of performance
NUTS codes
- UKJ37 - North Hampshire
Main site or place of performance
North Hampshire
two.2.4) Description of the procurement
This is a voluntary ex ante transparency (VEAT) notice, indicating that the University of Leeds (UoL) intends to contract with BAE Systems (Operations) Ltd., for modification services for the Atmospheric Research Aircraft (ARA). BAE Systems (Operations) Ltd adapted this ARA for research purposes and provides ongoing operational and maintenance services pursuant to an existing contract entered into on 15 April 2019. These services, that are the subject of this new contract, relate to critical upgrades that are required to ensure the ARA is fit for purpose for up to the next two decades. The various services that are to be provided will include modification and upgrades to aircraft, aircraft systems and supported scientific systems.
The value of the modification work is likely to be up to £30m (excluding taxes) over a planned 5 year period starting in 2022
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
The existing contract was published in the OJEU 2019/S 024 053759.
The services will predominantly be carried out at the aircraft’s Home Base and at BAE Systems (Operations) Ltd., where the support contract for the aircraft is managed although it is likely that such services may be carried out elsewhere as well.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
The University of Leeds has considered that this requirement can be placed using the negotiated procedure without prior publication of the contract notice pursuant to Article 31 of Directive 2014/24/EU and regulation 32(b) of the Public Contract Regulations 2015: when, for technical reasons, or for protection of exclusive rights, the contract can be awarded to a particular economic operator (BAE Systems).
The Atmospheric Research Aircraft (msn 3001) is a unique aircraft type (BAE 146-301) whose type certificate is held by BAE Systems (Operations) Limited. BAE Systems adapted the aircraft for special atmospheric research use by the UK Natural Environmental Research Council (NERC) between 2000 and 2003 and continues to have responsibility for configuration control of the aircraft and all major adaptations to it pursuant to an existing agreement with the University of Leeds. It therefore has a unique understanding of its operational characteristics, support requirements and modification status.
The research aircraft contains extremely complicated scientific equipment and is highly modified. As such, any service provider carrying out further modifications will need to be extremely familiar with the specific scientific equipment and those modifications already in place. The research aircraft has an adapted BAE 146-301 airframe and so any service provider will need to hold relevant intellectual property rights relating thereto and have the technical expertise and the intellectual property rights required to provide further modification services on an already heavily modified airframe.
The University of Leeds considers that only the Contractor has the technical knowledge to provide the modifications that are now required. In addition, the Contractor benefits from intellectual property rights to the research aircraft which it could not reasonably be expected to assign to a third party contractor without disclosing commercially confidential information. The Contractor is therefore the only viable contractor to provide these highly specialist upgrades and modifications.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
15 March 2022
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
BAE Systems (Operations) Limited
Warwick House,, PO BOX 87, Farnborough Aerospace Centre
Farnborough
GU14 6YU
Country
United Kingdom
NUTS code
- UKJ37 - North Hampshire
National registration number
01996687
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £30,000,000
Total value of the contract/lot/concession: £30,000,000
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Value excluding VAT: £7,500,000
Proportion: 25 %
Short description of the part of the contract to be subcontracted
Sub-contracted elements will include management of major and minor modification services and implementation of approved design authority modifications. BAE are designated and registered holders of CAA certification approvals and 146/ARA OEM.
Section six. Complementary information
six.3) Additional information
To view this notice, please click here:
https://neupc.delta-esourcing.com/delta/viewNotice.html?noticeId=627716725
Main Site or Place of Performance:
UKJ37 BAE Systems (Operations) Limited a company registered in England and Wales (Company registered number 01996687) whose registered office is at Warwick House, PO Box 87, Farnborough Aerospace Centre, Farnborough, Hants GU14 6YU, having a place of business at Building 37, Prestwick International Airport, Prestwick KA9 2RW.
Type of Procedure:
Negotiated Procedure without prior publication (in accordance with Article 32 of Directive 2014/24/EU) and in accordance with the UK Public Contracts Regulations 2015 Regulation 32.
To view this notice, please click here:
https://neupc.delta-esourcing.com/delta/viewNotice.html?noticeId=627716725
GO Reference: GO-2022317-PRO-19812454
six.4) Procedures for review
six.4.1) Review body
High Courts of England & Wales
Strand
London
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
Centre for Effective Dispute Resolution
International Dispute Resolution Centre, 70 Fleet Street
London
EC4Y 1EU
Country
United Kingdom
six.4.4) Service from which information about the review procedure may be obtained
High Courts of England and Wales
Strand
London
Country
United Kingdom