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 Aug 2022, 11:58 BST

Last source update

1 Aug 2022, 11:58 BST

FTS notice number

2022/S 000-020939

Classification (CPV)

Repair and maintenance services

Delivery area

United States (US)

Official registry OCID

ocds-h6vhtk-0357ca 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.

This Single Source Justification is based on a Safety Assurance grounds. As the Original Equipment Manufacturer (OEM) and DAOS approved organisation for ALE-47 (UK.MAA.DAOS.0376), only BAE Systems have sufficient access to technical and safety information and competency to provide the safety assurance APS DT requires.

A key requirement for APS DT from a Design Organisation is the “DO Safety Assessment and Report”. This outlines the DO arguments and supporting evidence that the equipment is safe to operate, including identification of hazardous materials contained within the equipment. This evidence is contained in our Commodity Safety Assessment Report (CSAR), which is a fundamental component of our End Users Air System Safety Case. Only BAE Systems, as the OEM, now has access to the necessary data.

Finally, in order for BAE Systems to provide this safety assurance, they must ensure configuration control is maintained and repair activity is carried out correctly. For this to be assured, responsibility for both activities must be held by the same organisation. Only an OEM or a Contractor that has been licensed by the OEM can support the requirement and the OEM confirms that it will not license another contractor to carry out the necessary work

• BAE SYSTEMS INFORMATION AND ELECTRONIC SYSTEMS INTEGRATION INC.Awarded supplier 6500 Tracor LN, Austin, US, 78725-215

No document links were published on the notice.