In-service Support for the Ground Based Air Defence Battlefield Information System Application (GBAD BISA)

CPV: Engineering support services

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32009L0081 Defence and Security Public Contracts Regulations 2011 (Directive 2009/81/EC)

Procurement category

Services

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

3 Oct 2023, 14:44 BST

Last source update

3 Oct 2023, 14:44 BST

Authority reference

JSENS/00185

FTS notice number

2023/S 000-029124

Classification (CPV)

Engineering support services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-04077e Find a Tender

Why no open competition

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive; The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

The Authority considers that the single source procurement of this non-competitive contract falls within the circumstances set out in regulation 16 (1)(a)(ii) use of the negotiated procedure without prior publication of a contract notice for technical reasons as detailed below.

BISA is owned by BAE as a bespoke application developed solely for the use with the BOWMAN system. Procuring with a new suppliers would not be possible as the BISA software and licences are wholly owned by BAE. Security will also be an issue as BOWMAN is an American system and anything integrated into it would come under the ITAR ruling. As such, this would lead to increased time and cost to integration and disposal once out of service. BAE are the only supplier to have access to both GD(UK) and the various BOWMAN/DS2 test and reference facilities.

BAE are the GBAD BISA Developer and Design Authority, and as such hold the knowledge and expertise of the current fielded in-service capability and developmental history of the product over its lifetime. A continued contract with BAEs will assure the continued availability of GBAD BISA and its utility to the Military End User. The option represents the minimum scale of effort required to maintain a dedicated base In-Service support capability through the contractor. Proposed activities within the scope of the single source contract will mitigate the risks identified and continue the support solution accepted by Sponsors and Military End Users at ISD.

BAEs have exclusive rights to the Alternative Messaging System (AltMS) and Local Network Software (LNS) software components which are essential to the security of BISA. The licences under which the AltMS and LNS software is provided do not allow the MoD to seek support from a third party. The MoD has exclusive rights of the remaining software components; however, these rights cannot be exercised as the MoD does not possess the required technical material. This is further complicated by the fact it is not possible to view the different software components in isolation, as the existing GBAD BISA software is a single application, which is subsequently incorporated onto the BOWMAN platform and, as such, it is not possible to split out these software components, isolate them, and support them individually – in summary BISA is owned by BAE as a bespoke application and they are the only supplier who can provide enduring support and updates, they own the licences and the BISA software. BAE are the only supplier to have access to both GD(UK) and the various BOWMAN/DS2 test and reference facilities.

Publisher note: The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law of Government policy. If any contract documents are accompanied by instructions on safeguarding, classified information (e.g a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or Government Policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective markings applies, or otherwise. The link below to the gov.uk provides information on the government security classifications. https://www.gov.uk/government/publications/government-security-classifications

• BAE SystemsAwarded supplier Guildford, UK

No document links were published on the notice.