Defence Online

Type of document: Contract Notice
Country: United Kingdom

UK-Glasgow: Construction work.

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

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, DIO, Defence Infrastructure Organisation (DIO)
Kentigern House, 65 Brown Street, Glasgow, G2 8EX, United Kingdom
Tel. +44 1412248979, Email: dean.millott554@mod.gov.uk
Contact: Dean Millott
Main Address:
NUTS Code: UKM82

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: Senoko Oil Fuel Depot – Secondary Containment Requirement, Singapore.
Reference number: Not Provided

II.1.2) Main CPV code:
45000000 – Construction work.

II.1.3) Type of contract: WORKS

II.1.4) Short Description: The Oil Fuel Depot at Senoko is located at the northern edge of Singapore close to Sembawang Wharf. The works are primarily remedial works associated with the secondary containment bunds. The remedial measures include: adding an impermeable barrier to the bunds, increasing the containment volume (by increasing the bund heights with concrete walls) and providing new drainage infrastructure including new pumps. There will also be minor mechanical and electrical works to replace some existing systems which will be affected by the works.

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

II.1.7) Total value of the procurement (excluding VAT)
Value: 12,353,706
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UKM82 Glasgow City

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
Criterion: Criterion 1 / Weighting: 10

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: Negotiated procedure without publication of a contract notice (in accordance with Article 28 of Directive 2009/81/EC)

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: 26/11/2018.

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:
Trant Engineering Limited
Rushington House, Rushington, Southampton, SO40 9LT, United Kingdom
Tel. +44 2380665544, Email: simon.trant@trant.co.uk
NUTS Code: UKJ32
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 12,353,706
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: Not provided
Currency: Not provided
Proportion: 30.0 %
Short description of the value/proportion of the contract to be sub-contracted:
The contractor will engage works and services to their supply chain at their own commercial discretion.

(Only in the case of a notice covered by Directive 2009/81/EC)
All or certain subcontracts will be awarded through a competitive procedure (see Title III of Directive 2009/81/EC): 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, DIO, Defence Infrastructure Organisation (DIO)
Kentigern House, 65 Brown Street, Glasgow, G2 8Ex, United Kingdom
Tel. +44 1412248979, Email: dean.millott554@mod.go.uk

V1.4.2) Body responsible for mediation procedures:
Ministry of Defence, DIO, Defence Infrastructure Organisation (DIO)
Glasgow, United Kingdom
Tel. +44 1412248979, Email: dean.millott554@mod.go.uk.

VI.4.3) Review procedure
Not Provided

VI.4.4) Service from which information about the review procedure may be obtained
Ministry of Defence, DIO, Defence Infrastructure Organisation (DIO)
Glasgow, United Kingdom
Tel. +44 1412248979, Email: dean.millott554@mod.go.uk

VI.5) Date of dispatch of this notice: 27/11/2018

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

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/EC

No tenders or no suitable tenders/requests to participate in response to: negotiated procedure with prior publication of a contract notice

All tenders submitted in reply to a restricted procedure, negotiated procedure with prior publication of a contract notice or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: No

The works, supplies or services can be provided only by a particular economic operator for the following reason: Not Provided

The periods for the restricted procedure and the negotiated procedure with prior publication of a contract notice are incompatible with the urgency resulting from a crisis: No

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

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 Defence Infrastructure Organisation, part of the United Kingdom Ministry of Defence (‘MoD’), intends to award a contract to Trant Engineering Ltd (the “Contractor”) to carry out remedial works associated with the secondary containment bunds at the Oil Fuel Depot at Senoko, Singapore for a period of 18 months (the “Contract”). The value of the Contract is £12,353,706 exc. Government Service Tax.

It is considered that the Contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/EC and Regulation 16(1)(a)(ii) of the Defence and Security Public Contract Regulations 2011 (SI 2011/No.1848)(the “Regulations”) on the basis that the Contract may only be awarded to the Contractor for technical reasons. The MoD originally sought offers in relation to the Contract by publishing a contract notice in the Official Journal on 17/11/2017 and conducted its procurement under the restricted procedure set out in Regulation 17. Only two economic operators, including the Contractor, submitted a response to the MoD’s pre-qualification questionnaire in relation to the Contract (the “PQQ”). It has been concluded that the Contractor alone satisfied the conditions set out in the PQQ. Given that as a result of the PQQ exercise the MoD cannot under Regulation 17 invite a sufficient number of economic operators to tender to ensure adequate competition under Regulation 17(10) the MoD has elected not to continue its award procedure under Regulation 17 in relation the Contract and commence a new procedure under Regulation 16. The MoD has conducted recent extensive analysis of the relevant market and believes on the basis of that analysis that only the Contractor is capable of submitting a tender and meeting its requirements under the Contract.