Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 050-093115/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services
Directive 2009/81/EC

Directive 2009/81/EC

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Land Equipment, Protected Mobility Vehicle Programme
Postal address: Spuce 2A, #1309, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Thomas Ford
Telephone: +44 1179134466
Email: DESLEOSP-PMVP-Comrcl-Team@mod.uk
Nuts code: UKK11
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: TALON Post Design Services Support.

Reference number: PMVP/00010
II.1.2) Main CPV code: 31642200
II.1.3) Type of contract Services
II.1.4) Short Description:
Provision of Post Design Services Support to TALON.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:4000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKJ33 Main site or place of performance:Hampshire CC.

II.2.4) Description of the procurement
Please refer to Annex D3 of this Voluntary Ex Ante Transparency notice.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
The contract covered an initial period from 1.6.2016 to 31.3.2017. The contract also includes options to extend the duration up to an additional 5 years, in 1 year increments.

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: PMVP/00010
Title: TALON Post Design Services

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2016-02-19
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
Official name: QinetiQ Ltd
Postal address: Bldg A5, Room 2067, Cody Technology Park, Ively Road
Town: Farnborough
Postal code: GU14 0LX
Country: United Kingdom
Nuts code: UKJ33
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Initial estimated total value of the contract/lot/concession: 4000000
Total value of the contract/lot/concession:4000000
Currency:GBP
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

Section VI: Complementary information
VI.3) Additional information:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU:- This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-201739-DCB-9760550.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Land Equipment, Protected Mobility Vehicle Programme
Postal address: Spruce 2A, #1309, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: DESLEOSP-PMVP-Comrcl-Team@mod.uk

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, Land Equipment, Protected Mobility Vehicle Programme
Postal address: Spruce 2A, #1309, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: DESLEOSP-PMVP-Comrcl-Team@mod.uk

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, Land Equipment, Protected Mobility Vehicle Programme
Postal address: Spruce 2A, #1309, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: DESLEOSP-PMVP-Comrcl-Team@mod.uk

VI.5) Date of dispatch of this notice:
2017-03-09

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
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:
Protected Mobility Vehicle Programme (‘PMVP’), as part of the UK Ministry of Defence (‘MoD’), intends to amend contract PMVP/00010 for the provision of Post Design Services (PDS) Support to the TALON Systems with QinetiQ Ltd.
The amendment: a) revises the estimated total contract value from 850 000 GBP to 4 000 000 GBP, due to unforeseen sub-system obsolescence, and b) extends the ability to place ad-hoc repairs from 12 months to the duration of the Contract (maximum of six years).
The scope of this contract falls into five key areas which are: PDS (which includes but is not limited to legislation compliance, safety and environmental management, obsolescence management, technical documentation management and design, and incorporation of modifications to the TALON system); storage and maintenance of reference TALON Systems; field service representative activities; software maintenance and fault diagnosis; and repair of repairable items. These elements are split into Core and Non-Core activities, those assigned as Non-Core are placed on an ad-hoc task basis.
QinetiQ Ltd is the Design Authority for the TALON System and is the only economic entity that has the underlying technical know-how needed to provide the technical assurance required. All modifications and repairs to the systems must be underwritten to confirm they do not impact the performance baseline, compromise operational effectiveness or the safety of the systems. If another contractor were to meet this requirement, the resultant lack of overall safety integrity and would lead to QinetiQ Ltd ceasing to underwrite the safety of the system and could jeopardise the safety and suitability for service of the system.
This amendment of the contract shall be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1) (e) of Directive 2009/81/EC (Regulation 16(1) (a) (ii) of the UK Defence and Security Public Contracts Regulations 2011).