Supplies - 144131-2016

26/04/2016    S81    - - Supplies - Voluntary ex ante transparency notice - Contract award without prior publication 

United Kingdom-Bristol: Unmanned combat aerial vehicles

2016/S 081-144131

Voluntary ex ante transparency notice

Supplies

Legal Basis:

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name and addresses
Ministry of Defence, Combat Air, Unmanned Air Systems (UAS) Team
DE and S, Abbey Wood
Bristol
BS34 8JH
United Kingdom
E-mail: desuas-cmrcl-AsstHd@mod.uk
NUTS code: UKK1

Internet address(es):

Main address: https://www.gov.uk/government/organisations/ministry-of-defence

I.4)Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5)Main activity
Defence

Section II: Object

II.1)Scope of the procurement
II.1.1)Title:

Justification of the decision of the procurer to award the contract without the prior publication of a contract notice.

II.1.2)Main CPV code
35613100
II.1.3)Type of contract
Supplies
II.1.4)Short description:

The Unmanned Air Systems Team, part of the UK Ministry of Defence (‘MoD’), intends to acquire the Protector Unmanned Aerial System through a Government — Government Foreign Military Sales (FMS) Contract with the US Department of Defence (US DoD). The MoD has conducted a thorough Assessment Phase (AP) which has concluded that the Certifiable Predator B (CPB) is the only system capable of achieving UK Military Type Certification (MTC) and delivering the Protector requirement within the required time-scales. The only means of acquiring the CPB is through a contract with the US DoD.

The Defence and Security Public Contract Regulations 2011 do not apply to the proposed contract with the US DoD by virtue of Regulation 7(1)(h)(i).

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 415 000 000.00 GBP
II.2)Description
II.2.1)Title:
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKK1
Main site or place of performance:

Gloucestershire, Wiltshire and Bristol/Bath area.

II.2.4)Description of the procurement:

The Unmanned Air Systems Team, part of the UK Ministry of Defence (‘MoD’), intends to acquire the Protector Unmanned Aerial System through a Government — Government Foreign Military Sales (FMS) Contract with the US Department of Defence (US DoD). The MoD has conducted a thorough Assessment Phase (AP) which has concluded that the Certifiable Predator B (CPB) is the only system capable of achieving UK Military Type Certification (MTC) and delivering the Protector requirement within the required time-scales. The only means of acquiring the CPB is through a contract with the US DoD. The Defence and Security Public Contract Regulations 2011 do not apply to the proposed contract with the US DoD by virtue of Regulation 7(1)(h)(i).

II.2.5)Award criteria
II.2.11)Information about options
Options: no
II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

Section IV: Procedure

IV.1)Description
IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive
Explanation:

The Unmanned Air Systems Team, part of the UK Ministry of Defence (‘MoD’), intends to acquire the Protector Unmanned Aerial System through a Government — Government Foreign Military Sales (FMS) Contract with the US Department of Defence (US DoD). The MoD has conducted a thorough Assessment Phase (AP) which has concluded that the Certifiable Predator B (CPB) is the only system capable of achieving UK Military Type Certification (MTC) and delivering the Protector requirement within the required time-scales. The only means of acquiring the CPB is through a contract with the US DoD.

The Defence and Security Public Contract Regulations 2011 do not apply to the proposed contract with the US DoD by virtue of Regulation 7(1)(h)(i).

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure

Section V: Award of contract/concession

Contract No: FMS Case
V.2)Award of contract/concession
V.2.1)Date of contract award decision:
18/04/2016
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
US Department of Defence
Washington
United States
NUTS code: UKK1
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: 415 000 000.00 GBP
Total value of the contract/lot/concession: 332 000 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

Suppliers interested in working with the Ministry of Defence should register on the MOD Supplier Information Database (SID) Register available at www.contracts.mod.uk The MOD SID is a database of active and potential suppliers available to all MOD and UK Defence procurement personnel, and is the main supplier database of MOD Procurement organisations. Please note the registration and publication of a company profile on the MOD SID does not mean or imply that the supplier has in any way been vetted or approved by the MOD. Suppliers wishing to compete for advertised MOD contracts must respond to any specific call for competition by submitting a separate expression of interest in accordance with the instructions of the purchasing organisation.

From 2.4.2014, the Government is introducing its new Government Security Classifications Policy (GSC) to replace the current Government Protective Marking Scheme. A key aspect of this is the reduction in the number of security classifications used. All suppliers to the Department are encouraged to make themselves aware of the changes as it may impact on this Requirement. The link below to the Gov.uk website provides information on the new GSC.

https://www.gov.uk/government/publications/government-security-classifications

The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or 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 marking applies or otherwise.

Advertising Regime OJEU: This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-2016421-DCB-8098443.

VI.4)Procedures for review
VI.4.1)Review body
Ministry of Defence, Combat Air, Unmanned Air Systems (UAS) Team
Bristol
United Kingdom
E-mail: desuas-Cmrcl-AsstHd@mod.uk
VI.4.2)Body responsible for mediation procedures
Ministry of Defence, Combat Air, Unmanned Air Systems (UAS) Team
Bristol
United Kingdom
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice:
21/04/2016