Support of ALE 47 AND M147 Counter Measure Dispensing Systems (CMDS)

CPV: Repair and maintenance 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

1 Mar 2022, 22:45 GMT

Last source update

1 Mar 2022, 22:45 GMT

FTS notice number

2022/S 000-005635

Classification (CPV)

Repair and maintenance services

Delivery area

United States (US)

Official registry OCID

ocds-h6vhtk-031c9f 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

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.

As Design Authority, only BAE have the accumulated technical expertise and technical know-how at its disposal required to support this equipment. This includes the intimate knowledge and understanding of the existing equipment used across the various platforms and to provide the required services.

Secondly only BAE can provide certification of the safety and interoperability of the repaired and maintained equipment and safety and security accreditation requirements where necessary to the reasonable satisfaction of the Authority.

Furthermore no other contractor other than BAE can reasonably provide the services and ancillary spares and supplies where relevant as to do otherwise would create disproportionate technical difficulties in the operation and maintenance of the existing equipment and potential unacceptable interoperability risks between all such existing and new equipment both per platform and between platforms and would cause significant inconvenience and substantial duplication of costs for the Authority.

• BAE SYSTEMS INFORMATION AND ELECTRONIC SYSTEMS INTEGRATION INC.Awarded supplier Austin, US

No document links were published on the notice.