Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2018/S 114-260514/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, Ships, Commercially Supported Shipping (CSS) Team
National registration number: Abbey Wood
Postal address: Ash 2a #3203
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Sarah Edwards
Telephone: +44 3069732647
Email: sarah.edwards986@mod.gov.uk
Internet address(es):
Main address: www.contracts.mod.uk

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: CSS/0058 — Mars Tanker — Supply of Maintenance Management System
II.1.2) Main CPV code: 50241000
II.1.3) Type of contract Services
II.1.4) Short Description:
Repair and maintenance services of ships. A Contract was placed with Sir Joseph Isherwoods in February 2015 expiring in June 2018 for the implementation of an Integrated Logistic Support (ILS) package incorporating an approved machinery planned maintenance system on board 4 of the Mars Tankers. The system is known as the Stock control and performance management system (SCPM). This system accommodates the on board asset data, together with its supporting documentation, and facilitate the scheduling of planned and deep maintenance tasks.
The SCPM maintains configuration management and permit shore authorities to conduct audit and analysis. It is capable of defect recording, rectification, and equipment history.
As a result of the delay to the data collection resulting in an incomplete build of the SCPM database an extension to the Contract for a nine-month period to 31.3.19 is required to allow data management services to continue during the period of the delay.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1344100
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKK11 Main site or place of performance:Bristol, City of.

II.2.4) Description of the procurement
Repair and maintenance services of ships. A Contract was placed with Sir Joseph Isherwoods in February 2015 expiring in June 2018 for the implementation of an Integrated logistic support (ILS) package incorporating an approved machinery planned maintenance system on board 4 of the Mars Tankers. The system is known as the Stock control and performance management system (SCPM). This system accommodates the on board asset data, together with its supporting documentation, and facilitate the scheduling of planned and deep maintenance tasks.
The SCPM maintains configuration management and permit shore authorities to conduct audit and analysis. It is capable of defect recording, rectification, and equipment history.
As a result of the delay to the data collection resulting in an incomplete build of the SCPM database an extension to the Contract for a nine-month period to 31.3.19 is required to allow data management services to continue during the period of the delay.

II.2.5) Award criteria
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
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: CSS/0058
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2018-06-13
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: Sir Joseph Isherwoods Limited
Postal address: Coble Dene, Royal Quays, North Shields
Town: Tyne and Wear
Postal code: NE29 6DE
Country: United Kingdom
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Total value of the contract/lot/concession:140000
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-2018614-DCB-12615563.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Ships, Commercially Supported Shipping (CSS) Team
Postal address: Ash 2a #3203, Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: sarah.edwards986@mod.gov.uk

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, Ships, Commercially Supported Shipping (CSS) Team
Postal address: Ash 2a #3203, Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: sarah.edwards986@mod.gov.uk

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, Ships, Commercially Supported Shipping (CSS) Team
Postal address: Ash 2a #3203, Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: sarah.edwards986@mod.gov.uk

VI.5) Date of dispatch of this notice:
2018-06-14

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:
protection of exclusive rights, including intellectual property rights

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:
Commercially supported shipping (CSS), part of the UK Ministry of Defence, intends to amend Contract CSS/0058 awarded to Sir Joseph Isherwoods Ltd (the Company) on 21.1.2015 for the supply of a Maintenance management system (MMS) known as the Stock control and performance management system (SPCM) and data management services for the Mars Tankers. A delay to the data collection outside of CSS control resulting in an incomplete build of the SCPM database an extension to the Contract for a nine-month period to 31.3.19 is required to allow data management services to continue during the period of the delay.
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 the Defence and Security Public Contracts Regulations 2011) for technical reasons and for reasons connected with the protection of exclusive rights. The Company holds exclusive rights in the SCPM system which prevents UK MoD competing updates, support or maintenance of the relevant software. In addition, it is considered that the Company is the only economic operator with the necessary knowhow and expertise to ensure the functionality of the MMS to the reasonable satisfaction of the Authority. Additionally, it is considered that Article 28(4)(a)(i) of Directive 2009/81/EC (Regulation 16(1)(d)(i)(aa) of UK Defence and Security Public Contract Regulations 2011 applies as this support which has become necessary through unforeseen circumstances cannot for technical and economic reasons be carried out separately from that under the original contract without major inconvenience to the contracting authority. Lastly, the Authority uses the SPCM as the maintenance management system aboard the LSDA fleet and the system and databases are operated together. To introduce a third party contractor at any stage would introduce unacceptable interoperability risk and cause significant inconvenience and substantial duplication of costs.