Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-035701/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable
Voluntary ex ante transparency notice
Services
Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Postal address: International Guns, Missiles, & Rockets Delivery Team, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Billy Gilmore
Email: billy.gilmore410@mod.gov.uk
Internet address(es):
Main address:
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence
Section II: Object
II.1) Scope of the procurement
II.1.1) Title: GSA8 ISS Contract
II.1.2) Main CPV code: 50842000
II.1.3) Type of contract Services
II.1.4) Short Description:
The International Guns, Missiles and Rockets Project Team, part of the Ministry of Defence (MOD), intends to award a contract to Leonardo MW Ltd (Leonardo) for Post Design Services (PDS) for the Gun System Automation Mk8 (GSA8), which is fitted to the Type 23 Frigate Naval fleet. The contract shall be for a term of 5 years and have an estimated value of £14m.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this contract 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 this contract without prior publication of a contract notice in the UK e-notification service (as required by the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
This is because Leonardo is the Original Equipment Manufacturer (OEM) of the GSA8 and has supported it since it came into service in 1988. Only the OEM has the drawings, information, technical expertise and tools to continue to support this vital piece of equipment and to manage complicated issues of obsolescence as it nears the end of its in service life.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:14000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Gun System Automation Mk 8 (GSA8) In-Service Support Contract
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
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without publication of a contract notice(in accordance with Article 28 of Directive 2009/81/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information
Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-11-04
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Leonardo UK Ltd
Town: Basildon
Country: United Kingdom
Nuts code:
The contractor is an SME: no
V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties
Section VI: Complementary information
VI.3) Additional information:
The International Guns, Missiles and Rockets Project Team, part of the Ministry of Defence (MOD), intends to award a contract to Leonardo MW Ltd (Leonardo) for Post Design Services (PDS) for the Gun System Automation Mk8 (GSA8), which is fitted to the Type 23 Frigate Naval fleet. The contract shall be for a term of 5 years and have an estimated value of £14m.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this contract 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 this contract without prior publication of a contract notice in the UK e-notification service (as required by the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
This is because Leonardo is the Original Equipment Manufacturer (OEM) of the GSA8 and has supported it since it came into service in 1988. Only the OEM has the drawings, information, technical expertise and tools to continue to support this vital piece of equipment and to manage complicated issues of obsolescence as it nears the end of its in service life.
VI.4) Procedures for review
VI.4.1) Review body
Official name: International Guns, Missiles, & Rockets Delivery Team
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
VI.5) Date of dispatch of this notice:
2024-11-04
Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without publication of a call for competition in accordance with
Article 28 of Directive 2009/81/EU
No tenders or no suitable tenders/requests to participate in response to:
negotiated procedure with prior publication of a contract notice
The products involved are manufactured purely for the purpose of research, experiment,study or development under the conditions
stated in the directive(for services and supplies only)
3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
The International Guns, Missiles and Rockets Project Team, part of the Ministry of Defence (MOD), intends to award a contract to Leonardo MW Ltd (Leonardo) for Post Design Services (PDS) for the Gun System Automation Mk8 (GSA8), which is fitted to the Type 23 Frigate Naval fleet. The contract shall be for a term of 5 years and have an estimated value of £14m.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this contract 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 this contract without prior publication of a contract notice in the UK e-notification service (as required by the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
This is because Leonardo is the Original Equipment Manufacturer (OEM) of the GSA8 and has supported it since it came into service in 1988. Only the OEM has the drawings, information, technical expertise and tools to continue to support this vital piece of equipment and to manage complicated issues of obsolescence as it nears the end of its in service life.