United Kingdom-Bristol: Procurement of Jupiter HC Mk2 & Aviation Support to British Armed Forces Brunei & Cyprus

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-033385/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Postal address: Defence Equipment & Support, MOD Abbey Wood South, Multi Helicopter Platforms, NH1 Spruce 0b #1027, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3001666082
Email: Lisa.Sinfield100@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: Procurement of Jupiter HC Mk2 & Aviation Support to British Armed Forces Brunei & Cyprus

Reference number: 708957450
II.1.2) Main CPV code: 34711500
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The Authority intends to place a contract with Airbus Helicopters UK Limited for the supply of six (6) Jupiter HC Mk2 Helicopters to include three (3) years support services for use by British Forces Cyprus and British Forces Brunei.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:140000000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35612300
Main CPV code: 50212000

II.2.3) Place of performance
Nuts code: Main site or place of performance:Place of Performance of this contract is both British Forces Brunei and British Forces Cyprus

II.2.4) Description of the procurement
Procurement of six (6) Jupiter HC Mk2 Helicopters and three (3) years support services.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
An option is available to extend the duration for an additional 6-month period, solely to cover any delay to setting up a follow-on support service. The contract also includes an option to procure ancillary items should this be required.

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
Contract No: 708957450
Title: Procurement of Jupiter HC Mk2 & Aviation Support to British Armed Forces Brunei & Cyprus (MHP/001)

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-11-07
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Airbus Helicopters UK Limited
National registration number: 01164090
Postal address: Langford Lane, Kiddlington, Oxfordshire
Town: Oxford
Postal code: OX5 1QZ
Country: United Kingdom
Telephone: +44 1939553009
Email: shelley.higgin@airbus.com
Nuts code:
Internet address: www.airbushelicopters.co.uk
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 informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Defence Equipment & Support
Postal address: MOD Abbey Wood South, Multi Helicopter Platforms, NH1 Spruce 0b #1027, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Internet address:

VI.4.2) Body responsible for mediation procedures
Official name: Defence Equipment & Support
Postal address: MOD Abbey Wood South, Multi Helicopter Platforms, NH1 Spruce 0b #1027, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Defence Equipment & Support
Postal address: MOD Abbey Wood South, Multi Helicopter Platforms, NH1 Spruce 0b #1027, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-11-13

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)
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

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 Ministry of Defence (MoD) intends to award a contract to Airbus Helicopters UK Ltd (Airbus) for the supply of six (6) Jupiter HC Mk2 Helicopters and three (3) years’ technical support. The Jupiter HC Mk2 Helicopters will be used by British Forces Cyprus and British Forces Brunei to deliver capability from 2024.
The total estimated value of the contract is £140m.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this contract is regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (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 the Jupiter HC Mk2 Helicopter is the only rotary wing helicopter which:
i) is currently in service and certified;
ii) is technically suitable to be used for a search and rescue, air transportation and medical evacuation capability; and
iii) can meet the MoD’s timescales.
Firstly, for strategic operational purposes it is imperative that the Jupiter HC Mk2 Helicopter is already in service and certified (it was brought into service relatively recently, in October 2018). Minimising the number of rotary wing platforms maintains maximum operational effectiveness and flexibility across air and ground crews, taking into consideration the existing physical and training infrastructure supporting the fleet as a whole, including utilisation of the skills of existing trained pilots, engineering expertise, in-service support capability and on-going Military Aviation requirements.
Secondly, of the six rotary wing helicopters currently in-service, only the Jupiter HC Mk2 Helicopter is considered to fully meet the MoD’s technical requirements for size, capacity and effectiveness at operating in localised environments and terrain.
Thirdly, only Airbus is able to meet MoD’s timescales, avoiding capability gaps in this critical service.