MoD Defence Safety Authority BowTie Risk Management Software Application

CPV: Software support services

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

19 Mar 2024, 11:53 GMT

Last source update

19 Mar 2024, 11:53 GMT

Authority reference

700120317

FTS notice number

2024/S 000-008803

Classification (CPV)

Software support services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-044a49 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The BowTieXP Risk Management (RM) software is supplied to the MOD under licence by CGE Risk Management Solutions B.V, and the current contract provides support and maintenance including security patches and version updates to avoid obsolescence. This specific software is used across the Defence Safety Authority (DSA) and underpins both the Military Aviation Authority's (MAA) and the Defence Air Environment’s (DAE) RM processes and manages air safety hazards that pose a Risk to Life (RtL) to serving personnel. The current software has been onboarded to MODNet in accordance with JSP604.The existing contract with CGE Risk Management Solutions B.V ends on the 30 September 2024. The Director General for the DSA on behalf of the Secretary of State for Defence intends to award a 4 year + 1 contract to CGE Risk Management Solutions B.V for the continued support and maintenance of the BowTie XP software.

In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). 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 32(2)(b)(ii) of the PCR 2015 as competition is absent for technical reasons.

As creator of the software CGE Risk Management Solutions B.V. is the only company who can provide the security patches and version updates required to ensure the software remains up to date and secure, in accordance with the requirements of Defence cyber security policy. This is therefore the only way to ensure that the current MOD software continues to be supported and does not become obsolete. Degradation of current software due to a lack of technical support would leave MOD increasingly vulnerable to cyber-attack would have a gradual detrimental impact on a Duty Holder’s ability to manage RtL within their area of responsibility. In addition, as the existing BowTieXP software is integrated into robust and effective RM processes across the DSA and DAE, it would also affect the MAA’s ability to assure the DAE’s RM processes.

• CGE Risk Management Solutions B.V.Awarded supplier Lange Vijverberg 3 2513 AC The Hague The Netherlands, THE HAGUE, NL33

No document links were published on the notice.