University of Leeds: Modification of the FAAM Atmospheric Research Aircraft (ARA) via Mid Life Upgrade.

UK-Leeds: Repair, maintenance and associated services related to aircraft and other equipment.

Preliminary Questions
   This notice is published by:
   Directive 2014/24/EU

Section I: Contracting authority/entity

I.1) Name and addresses
       University of Leeds
       Purchasing Office, 1 - 3 Lifton Villas, Lifton Place, Leeds, LS2 9JZ, United Kingdom
       Tel. +44 1133431810, Email: m.a.whitworth@adm.leeds.ac.uk
       Contact: Maggie Whitworth
       Main Address: https://www.leeds.ac.uk
       NUTS Code: UKE42

I.4) Type of the contracting authority (in the case of a notice published by a contracting authority)
      Body governed by public law

I.5) Main Activity (in the case of a notice published by a contracting authority)
      Education


Section II: Object

II.1) Scope of the procurement
   
   II.1.1) Title: Modification of the FAAM Atmospheric Research Aircraft (ARA) via Mid Life Upgrade..
      Reference number: 2021 306
      
   II.1.2) Main CPV code:
      50210000 - Repair, maintenance and associated services related to aircraft and other equipment.
   
   II.1.3) Type of contract: SERVICES
   
   II.1.4) Short Description: Services for Atmospheric Research Aircraft. Provision of Mid Life Modification Upgrade services - the BAe 146 301 aircraft, serial number E3001
   
   II.1.6) Information about lots
      This contract is divided into lots: No

   II.1.7) Total value of the procurement (excluding VAT)
      Value: 30,000,000      
      Currency: GBP


II.2) Description

   II.2.2) Additional CPV codes:
      50211100 - Aircraft maintenance services.
   

   II.2.3) Place of performance:
      UKJ37 North Hampshire
   
   
   II.2.4) Description of the procurement:
    This is a voluntary ex ante transparency (VEAT) notice, indicating that the University of Leeds (UoL) intends to contract with BAE Systems (Operations) Ltd., for modification services for the Atmospheric Research Aircraft (ARA). BAE Systems (Operations) Ltd adapted this ARA for research purposes and provides ongoing operational and maintenance services pursuant to an existing contract entered into on 15 April 2019. These services, that are the subject of this new contract, relate to critical upgrades that are required to ensure the ARA is fit for purpose for up to the next two decades. The various services that are to be provided will include modification and upgrades to aircraft, aircraft systems and supported scientific systems.
The value of the modification work is likely to be up to £30m (excluding taxes) over a planned 5 year period starting in 2022    
   
   II.2.5) Award criteria
   (Directive 2014/24/EU / Directive 2014/25/EU)
               
    Not provided       
      
      
   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

   II.2.14) Additional information:
    The existing contract was published in the OJEU 2019/S 024 053759.

The services will predominantly be carried out at the aircraft’s Home Base and at BAE Systems (Operations) Ltd., where the support contract for the aircraft is managed although it is likely that such services may be carried out elsewhere as well.    
      
Section IV: Procedure

IV.1) Description
   
   IV.1.1) Type of procedure: Negotiated procedure without prior publication (in accordance with Article 32 of Directive 2014/24/EU)          
   
   IV.1.3) Information about framework agreement
         The procurement involves the establishment of a framework agreement: No    
   
   IV.1.8) Information about the Government Procurement Agreement (GPA)
         The procurement is covered by the Government Procurement Agreement:Yes
         
IV.2)Administrative Information

   IV.2.1) Previous publication concerning this procedure:
      Notice number in OJ S: Not provided       
   
Section V: Award Of Contract/Concession
      
Award of Contract/Concession No: 1
Contract No: Not Provided    Lot Number: Not Provided    Title: Not Provided

V.2) Award of contract/concession
      
      V.2.1) Date of contract award decision: 15/03/2022.
      
      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/concessionaire, No. 1:
          BAE Systems (Operations) Limited, 01996687
       Warwick House,, PO BOX 87, Farnborough Aerospace Centre, Farnborough, GU14 6YU, United Kingdom
       Email: Julie.cowser@baesystems.com
       NUTS Code: UKJ37
   The contractor/concessionaire will be an SME: No    
   
         
      V.2.4) Information on value of the contract/lot/concession:
         Initial estimated total value of the contract: 30,000,000          
         Total value of the contract/lot/concession 30,000,000         
         Currency: GBP

      V.2.5) Information about subcontracting:
         The contract is likely to be subcontracted: Yes          
         Value or proportion of the contract likely to be sub-contracted to third parties
         Value excluding VAT: 7,500,000          
         Currency: GBP          
         Proportion: 25.0 %          
         Short description of the value/proportion of the contract to be sub-contracted:
          Sub-contracted elements will include management of major and minor modification services and implementation of approved design authority modifications. BAE are designated and registered holders of CAA certification approvals and 146/ARA OEM.



Section VI: Complementary Information

   VI.3) Additional Information:
      To view this notice, please click here:
https://neupc.delta-esourcing.com/delta/viewNotice.html?noticeId=627716725

Main Site or Place of Performance:
UKJ37 BAE Systems (Operations) Limited a company registered in England and Wales (Company registered number 01996687) whose registered office is at Warwick House, PO Box 87, Farnborough Aerospace Centre, Farnborough, Hants GU14 6YU, having a place of business at Building 37, Prestwick International Airport, Prestwick KA9 2RW.

Type of Procedure:
Negotiated Procedure without prior publication (in accordance with Article 32 of Directive 2014/24/EU) and in accordance with the UK Public Contracts Regulations 2015 Regulation 32.
To view this notice, please click here:
https://neupc.delta-esourcing.com/delta/viewNotice.html?noticeId=627716725
GO-2022317-PRO-19812454 TKR-2022317-PRO-19812453   
   VI.4) Procedures for review
   
      VI.4.1) Review Body
          High Courts of England & Wales
       Strand, London, United Kingdom
   
      V1.4.2) Body responsible for mediation procedures:
                Centre for Effective Dispute Resolution
       International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU, United Kingdom.

      VI.4.3) Review procedure
      Not Provided    
      
      VI.4.4) Service from which information about the review procedure may be obtained
          High Courts of England and Wales
       Strand, London, United Kingdom
   
   VI.5) Date of dispatch of this notice: 17/03/2022


Annex D1 - General Procurement
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2014/24/EU

1. Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article 32 of Directive 2014/24/EU

   No tenders or no suitable tenders/requests to participate in response to: Not provided

   
   
   The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
   
   Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive: No
   
   Additional deliveries by the original supplier ordered under the strict conditions stated in the directive: No

   New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive: No

   Service contract to be awarded to the winner or one of winners under the rules of a design contest: No

   

   Purchase of supplies or services on particularly advantageous terms: Not Provided



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: (500 words maximum)
   The University of Leeds has considered that this requirement can be placed using the negotiated procedure without prior publication of the contract notice pursuant to Article 31 of Directive 2014/24/EU and regulation 32(b) of the Public Contract Regulations 2015: when, for technical reasons, or for protection of exclusive rights, the contract can be awarded to a particular economic operator (BAE Systems).
The Atmospheric Research Aircraft (msn 3001) is a unique aircraft type (BAE 146-301) whose type certificate is held by BAE Systems (Operations) Limited. BAE Systems adapted the aircraft for special atmospheric research use by the UK Natural Environmental Research Council (NERC) between 2000 and 2003 and continues to have responsibility for configuration control of the aircraft and all major adaptations to it pursuant to an existing agreement with the University of Leeds. It therefore has a unique understanding of its operational characteristics, support requirements and modification status.

The research aircraft contains extremely complicated scientific equipment and is highly modified. As such, any service provider carrying out further modifications will need to be extremely familiar with the specific scientific equipment and those modifications already in place. The research aircraft has an adapted BAE 146-301 airframe and so any service provider will need to hold relevant intellectual property rights relating thereto and have the technical expertise and the intellectual property rights required to provide further modification services on an already heavily modified airframe.

The University of Leeds considers that only the Contractor has the technical knowledge to provide the modifications that are now required. In addition, the Contractor benefits from intellectual property rights to the research aircraft which it could not reasonably be expected to assign to a third party contractor without disclosing commercially confidential information. The Contractor is therefore the only viable contractor to provide these highly specialist upgrades and modifications.