4,000,000 · UK public procurement notice

CPV: Repair and maintenance services of weapons and weapon systems

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

26 Jun 2023, 16:06 BST

Last source update

26 Jun 2023, 16:06 BST

FTS notice number

2023/S 000-018151

Classification (CPV)

Repair and maintenance services of weapons and weapon systems

Delivery area

UK

Official registry OCID

ocds-h6vhtk-03dc9c Find a Tender

Why no open competition

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; The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

The Secretary of Sate for Defence, acting through the Artillery Systems Team of the Ministry of Defence (the “Authority”) intends to award BAE Systems Bofors AB an Archer Artillery System Initial In-Service Support Contract for the Archer Artillery System commencing September 2023, addressing equipment / components via technical design and configuring the Archer Artillery System, providing training, maintenance, repair and configuration management of the Archer Artillery Systems for the initial period of 24 months. The estimated value of the contract is £4M.

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 award of the contract using the negotiated procedure without prior publication of a contract notice in the UK e-notification service (as required by relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.

The Archer Artillery System is designed, developed and supported solely by BAE Systems Bofors AB.  Only BAE Systems Bofors AB have the necessary and specific technological skills, knowledge in the underlying design and expertise to be able to provide support services required by the MOD to deliver the required outputs of the Interim 155 Capability Project. As the Design Authority (DA), BAE Systems Bofors AB have ownership of essential drawings, technology and are only manufacturer of long lead bespoke items. The Authority does not have sufficient rights to provide such data to any third party. BAE Systems Bofors AB

BAE Systems Bofors AB are the only company that can combine technical re-design with maintenance and repair activities with the requirement for supporting the equipment. No other party has the necessary technical expertise and knowledge required to support the equipment and access to proprietary design information and specialist tooling and testing equipment such that only they can provide an acceptable safety case to the reasonable satisfaction of the Authority.

• BAE Systems Bofors ABAwarded supplier Karlskoga, SE

No document links were published on the notice.