Section one: Contracting authority
one.1) Name and addresses
Ministry of Defence
Portsmouth
Country
United Kingdom
Region code
UKJ31 - Portsmouth
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
APAC24 Support
Reference number
705019451
two.1.2) Main CPV code
- 50241100 - Vessel repair services
two.1.3) Type of contract
Services
two.1.4) Short description
The Royal Navy, part of the UK Ministry of Defence, has awarded a 4 year contract with a value of up to £475,997.49 to BAE Systems Surface Ships Ltd for the provision of support to the Royal Navy’s APAC 24 boat, in particular general onboard systems hardware and software upgrade and modification. In accordance with regulation 4 of Defence and Security Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 SI No. 2019/697, this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 (DSPCR 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 (as required by the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 because competition is absent for technical reasons. This is because the Contractor alone as design authority possesses the specific technological expertise and knowledge and access to relevant information including data in proprietary software to undertake the work and ensure system compatibility with existing APAC hardware [both aboard the APAC from a structure and stability, naval architecture and overall platform safety and integrity perspective and from a fleet-wide perspective] and can alone provide a safety case to meet the reasonable requirements of the MOD. Furthermore access to physical equipment to be used in undertaking the work is exclusive to BAE and will not be available to any other supplier
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: £475,997.49
two.2) Description
two.2.2) Additional CPV code(s)
- 50241100 - Vessel repair services
two.2.3) Place of performance
NUTS codes
- UKJ31 - Portsmouth
two.2.4) Description of the procurement
APAC24 Support Services
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: Yes
Description of options
Options include:
Limit of Liability for Contract Period 1
Limit of Liability for Contract Period 2
Limit of Liability for Contract Period 3
Limit of Liability for Contract Period 4
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
Award of a contract without prior publication of a call for competition in the cases listed below
- The services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
The Royal Navy, part of the UK Ministry of Defence, has awarded a 4 year contract with a value of £475,997.49 to BAE Systems Surface Ships Ltd for the provision of support to the Royal Navy’s APAC 24 boat, in particular general onboard systems hardware and software upgrade and modification. In accordance with regulation 4 of Defence and Security Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 SI No. 2019/697, this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 (DSPCR 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 (as required by the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 because competition is absent for technical reasons. This is because the Contractor alone as design authority possesses the specific technological expertise and knowledge and access to relevant information including data in proprietary software to undertake the work and ensure system compatibility with existing APAC hardware [both aboard the APAC from a structure and stability, naval architecture and overall platform safety and integrity perspective and from a fleet-wide perspective] and can alone provide a safety case to meet the reasonable requirements of the MOD. Furthermore access to physical equipment to be used in undertaking the work is exclusive to BAE and will not be available to any other supplier
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2022/S 000-023604
four.2.9) Information about termination of call for competition in the form of a prior information notice
The contracting authority will not award any further contracts based on the above prior information notice
Section five. Award of contract
Contract No
705019451
Title
APAC24 Support
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
4 September 2023
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 1
Number of tenders received from tenderers from other EU Member States: 1
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
BAE Systems Maritime Services
Portsmouth
Country
United Kingdom
NUTS code
- UKJ31 - Portsmouth
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £475,997.49
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Ministry of Defence
NCHQ, Leach Building, Whale Island
Portsmouth
PO2 8BY
Country
United Kingdom