Section one: Contracting authority/entity
one.1) Name and addresses
Ministry of Defence
MOD Abbey Wood, #1027 | NH1 Atrium
Bristol
BS34 8JH
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Defence
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Support of ALE 47 AND M147 Counter Measure Dispensing Systems (CMDS)
two.1.2) Main CPV code
- 50000000 - Repair and maintenance services
two.1.3) Type of contract
Services
two.1.4) Short description
The through-life support of ALE-47 and M-147 Counter Measure Dispensing Systems (CMDS) fitted to the following platforms: Chinook (all marks), C-130, Puma and Merlin Mk.2 and Mk.4 aircraft.
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: 5,000,000 USD
two.2) Description
two.2.3) Place of performance
NUTS codes
- US - United States
two.2.4) Description of the procurement
Repair, Maintenance, Technical Engineering Support and associated Spares Provision.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: Yes
Description of options
Two (2) one (1) year options.
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated procedure without publication of a contract notice
- The products involved are manufactured purely for the purpose of research, experiment, study or development
- 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:
Air Platform Systems Delivery Team, part of the Ministry of Defence (“the Authority”), intends to enter into a contract with BAE Systems Ltd (“BAE”)) for the through-life support of ALE-47 and M-147 Counter Measure Dispensing Systems (CMDS)(“the Contract”) including repair, maintenance, technical engineering support and associated spares provision. This equipment for which BAE is the original equipment manufacturer and design authority is fitted to the following platforms: Chinook (all marks), C-130, Puma and Merlin Mk.2 and Mk.4 aircraft. The length of the new contract will be three years with two additional individual option years (3+1+1). The approximate value of the Contract is estimated to be £5 million ex VAT including the exercise of the option years.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (in particular by SI 2019/697 and SI 2020/1450). Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that the award of the contract without prior publication of a contract notice in the UK e-notification service (in accordance with the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the DSPCR 2011 on the basis that BAE alone can carry out the services under it for technical reasons.
This Single Source Justification is based on a Safety Assurance grounds. As the Original Equipment Manufacturer (OEM) and DAOS approved organisation for ALE-47 (UK.MAA.DAOS.0376), only BAE Systems have sufficient access to technical and safety information and competency to provide the safety assurance APS DT requires.
A key requirement for APS DT from a Design Organisation is the “DO Safety Assessment and Report”. This outlines the DO arguments and supporting evidence that the equipment is safe to operate, including identification of hazardous materials contained within the equipment. This evidence is contained in our Commodity Safety Assessment Report (CSAR), which is a fundamental component of our End Users Air System Safety Case. Only BAE Systems, as the OEM, now has access to the necessary data.
Finally, in order for BAE Systems to provide this safety assurance, they must ensure configuration control is maintained and repair activity is carried out correctly. For this to be assured, responsibility for both activities must be held by the same organisation. Only an OEM or a Contractor that has been licensed by the OEM can support the requirement and the OEM confirms that it will not license another contractor to carry out the necessary work
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
Contract No
701579453
Title
Support of ALE 47 AND M147 Counter Measure Dispensing Systems (CMDS)
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
25 July 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 INFORMATION AND ELECTRONIC SYSTEMS INTEGRATION INC.
6500 Tracor LN
Austin
78725-215
Country
United States
NUTS code
- US - United States
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 5,000,000 USD
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
DE&S
Bristol
Country
United Kingdom