Voluntary ex ante transparency notice
Directive 2009/81/EC
Section I: Contracting
authority
I.1) Name and addresses
Ministry of Defence, Ships, Maritime Combat Systems (MCS) Team
Birch 1a, #3119, Abbey Wood
Bristol
BS34 8JH
UK
Contact person: Robert Stevens
Telephone: +44 3067985175
E-mail: Robert.Stevens121@mod.gov.uk
NUTS: UKK1
Internet address(es)
Main address: https://www.gov.uk/government/organisations/defence-equipment-and-support
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
Supply of Sonar 2117 In-Service Support
Reference number: 700282325
II.1.2) Main CPV code
38113000
II.1.3) Type of contract
Supplies
II.1.4) Short description
In-Service support of Sonar 2117 which is the Royal Navy’s Environmental Risk Management Capability (ERMC), achieving full operating capability in May 2001. It is a software tool that is used to assess the impact of tactical active sonar deployment and the potential harm to marine mammals.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
800 000.00
GBP
II.2) Description
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
In-Service support of Sonar 2117 which is the Royal Navy’s Environmental Risk Management Capability (ERMC), achieving full operating capability in May 2001. It is a software tool that is used to assess the impact of tactical active sonar deployment and the potential harm to marine mammals.
II.2.11) Information about options
Options:
Yes
Description of options:
Options to extend contract from 31 March 2024 for up to 2 years.
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without publication of a contract notice
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights
Explanation:
Maritime Combat Systems team, part of the UK Ministry of Defence, intends to award a contract for up to 5 years for the value of approximately GBP 0.8 million (ex VAT) to BAE Systems Inc (BAES) for the In-Service Support of Sonar 2117.
Sonar 2117 is the Royal Navy’s Environmental Risk Management Capability (ERMC), achieving Full Operating Capability in May 2001. It is a software tool that is used to assess the impact of tactical active sonar deployment and the potential harm to marine mammals. FLEET are required to undertake Sonar Risk Assessments (SRA) prior to active sonar transmissions which are retained by platforms for audit purposes where the RN could be open to legal challenge in the event of a marine mammal stranding. 50 % of the S2117 software is Proprietary to BAE Systems including the object codes.
It is considered that this contract can be placed using the negotiated procedure without prior publication pursuant to Article 28 (1)(e) of Directive 2009/81/EC (Regulation 16 (1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011). This is for reasons connected to the unique technical knowledge held by BAES which make it the only contractor able to complete the requirement. Furthermore there are exclusive rights belonging to BAES as the original equipment manufacturer/system design authority contractor who developed Sonar 2117 and no licences have been granted to enable any third party to complete this work on their behalf.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract/concession
Contract No: 700282325
Title: Supply of Sonar 2117 In-Service Support
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
13/11/2020
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
BAES Combat Systems
Warwick House, PO Box 87, Farnborough Aerospace Centre
Farnborough
GU14 6YU
UK
Telephone: +44 3300494305
E-mail: jubin.jomon@baesystems.com
NUTS: UKJ37
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Initial estimated total value of the contract/lot/concession: 200 000.00 GBP
Total value of the concession/lot:
800 000.00
GBP
V.2.5) Information about subcontracting
Section V: Award of contract/concession
Title: Supply of Sonar 2117 In-Service Support
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
13/11/2020
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
BAES Combat Systems
Warwick House, PO Box 87
Farnborough
UK
NUTS: UKJ37
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
800 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
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. The link below to the Gov.uk website provides information on the Government Security Classification.
https://www.gov.uk/government/publications/government-security-classifications
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-20201116-DCB-17373999
VI.4) Procedures for review
VI.4.1) Review body
Ministry of Defence, Ships, Maritime Combat Systems (MCS) Team
Bristol
UK
Telephone: +44 3067985175
E-mail: Robert.Stevens121@mod.gov.uk
VI.4.2) Body responsible for mediation procedures
Ministry of Defence, Ships, Maritime Combat Systems (MCS) Team
Bristol
UK
Telephone: +44 3067985175
E-mail: Robert.Stevens121@mod.gov.uk
VI.4.4) Service from which information about the review procedure may be obtained
Ministry of Defence, Ships, Maritime Combat Systems (MCS) Team
Bristol
UK
Telephone: +44 3067985175
E-mail: Robert.Stevens121@mod.gov.uk
VI.5) Date of dispatch of this notice
16/11/2020