Defence Online

Type of document: Contract Notice
Country: United Kingdom

UK-Bristol: Navigation equipment.

Preliminary Questions
This notice is published by:
Directive 2009/81/EC

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, Ships, Communications and Situational Awareness (CSA)
Bristol, United Kingdom
Email: DESShipsComrcl-MCS-CI-2a1b@mod.uk
Main Address:
NUTS Code: UKJ1

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: PDM Support.
Reference number: Not Provided

II.1.2) Main CPV code:
34933000 – Navigation equipment.

II.1.3) Type of contract: SERVICES

II.1.4) Short Description: 12 month extension of CSA/4006 which covers in service support and tech refresh activities

II.1.6) Information about lots
This contract is divided into lots: No

II.1.7) Total value of the procurement (excluding VAT)
Value: 619,000
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UKJ1 Berkshire, Buckinghamshire and Oxfordshire

II.2.4) Description of the procurement:
Not provided

II.2.5) Award criteria
(Directive 2009/81/EC)

The most economically advantageous tender in terms of: Criterion – Weighting

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:
Not provided

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure: Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below

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: 12/12/2016.

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:
Ultra Electronics Limited
Loudwater, United Kingdom
NUTS Code: UKJ1
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: Not Provided
Total value of the contract/lot/concession 619,000
Currency: GBP

V.2.5) Information about subcontracting:
The contract is likely to be subcontracted: No

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
VI.4) Procedures for review

VI.4.1) Review Body
Ministry of Defence, Ships, Communications and Situational Awareness (CSA)
Bristol, United Kingdom

V1.4.2) Body responsible for mediation procedures:
Not Provided .

VI.4.3) Review procedure
Not Provided

VI.4.4) Service from which information about the review procedure may be obtained
Not Provided

VI.5) Date of dispatch of this notice: 19/06/2017

Annex D3 – Defence and Security
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2009/81/EC

2. Other justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union

The contract has as its object services listed in Annex II B to the directive: No
The procurement falls outside the scope of application of the directive: Yes
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)
It is considered that this contract can be amended using the negotiated procedure without prior publication pursuant to Article 28(1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of Defence and Security Public Contracts Regulations 2011) for technical reasons.

This is because:

a. Technical complexity of the PDM2 TR solution: PDM would qualify as “particularly complex equipment”. The Tech Refresh solution comprises of 5000 bespoke drawings, specifications and manufactured parts. As a result, the MDP is large and very difficult to comprehend without a working knowledge of the full PDM2 TR design. The experience UECCS acquired during development of the solution cannot be fully replicated in a technical pack and that, without expert knowledge of the equipment and TR design that an alternative supplier would be unable to manufacture, assemble and install the equipment without unacceptable risk to the Authority.

b. Technical expertise/know-how – PDM2 TR Installation/Integration & In service Support: It was considered from the outset that only UECCS possess the technical expertise, including the know-how, which is necessary to develop the PDM2 TR solution. This is derived from their experience as the OEM, Design Authority, and maintainer throughout PDMs 30+ year history and more recently as the Design Authority for the PDM2 TR solution. Failure to provide contractual cover for the additional twelve months would also result in a serious risk in the supporting of the capability PDM series provides through a lack of technical expertise held only by the company.
Software/Firmware: The PDM system is heavily dependent on software, including firmware, to operate and software forms a significant proportion of the Tech Refresh design. The software used includes D3 Assembler, the PDM Real Time Operating System (RTOS) and Harmony (software development tool) which were developed by UECCS (and their predecessors) specifically for PDM in the 1980’s. No other supplier has the knowledge or experience to work with D3 Assembler which is a key software requirement of the PDM2 TR solution. It is possible that RTOS and Harmony were originally based on COTS solutions and capability may not rest solely with UECCS. It is considered that no other supplier has the working knowledge of the software as a whole to successfully undertake the PDM2 TR solution.