Defence Online

Type of document: Contract Notice
Country: United Kingdom

UK-Filton, Bristol: Explosives.

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

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, Land Equipment, Other
Defence Equipment & Support, MOD Abbey Wood, Rowan 2c #8207, Filton, Bristol, BS348JH, United Kingdom
Tel. +44 3067987147, Email: daniel.cresswell103@mod.gov.uk
Main Address:
NUTS Code: UKK

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: Mini DRFD Procurement and Support.
Reference number: Not Provided

II.1.2) Main CPV code:
24600000 – Explosives.

II.1.3) Type of contract: SERVICES

II.1.4) Short Description: Procurement of, and support to, Mini DRFD (CREPON) from / by the OEM MAS Zengrange Ltd. Support will mainly consist of inspection and repair activities but may also include training, obsolescence and other Safety areas of support. The procurement of Mini DRFD will form the main part of the contract (in terms of value). It is envisaged that around 50% of the Contract Value will be through the tasking mechanism in the contract (for procurement and support), based on rates/costs to be agreed in the Contract.

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

II.1.7) Total value of the procurement (excluding VAT)
Value: 4,800,000
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UKK SOUTH WEST (ENGLAND)

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: Yes
If yes, description of these options: Options to include:
Purchase of Mini DRFD at any point during the length of the contract based on agreed firm prices.
Provision of Support activities on a as-hoc basis during the length of the contract based on agreed firm labour rates.
3 x 1 year Option years (2025,, 2026, 2027).

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: No

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: 700020301 Lot Number: Not Provided Title: Mini DRFD Procurement & Support

V.2) Award of contract/concession

V.2.1) Date of contract award decision: 25/10/2019.

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:
Mas Zengrange Ltd
Unit A3 Merlin Centre, Acrewood Way, St Albans, St Albans, AI4 0JY, United Kingdom
Tel. +44 7825517987, Email: tay.taylor@maszengrange.com
NUTS Code: UKH23
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 4,800,000
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, Land Equipment, Other
Bristol, BS348JH, United Kingdom
Tel. +44 3067987147, Email: daniel.cresswell103@mod.gov.uk

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: 03/11/2019

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: Not Provided

The contract concerns research and development services other than those referred to in Article 13 of Directive 2009/81/EC: No

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive: No

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: absence of competition for technical reasons

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

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

Contract related to the provision of air and maritime transport services for the armed forces of a Member State deployed or to be deployed abroad, under 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 Special Projects Explosive Ordnance Disposal and Search (SPEOD&S) Delivery Team, part of the UK Ministry of Defence (“MOD”), intends to award a contract to MAS Zengrange Ltd (MASZ), for the purchase of 66 additional Mini-Demolition Remote Firing Devices (Mini-DRFD/CREPON and CREPON 2) with options to purchase up to 110 more together with provision of through-life in service support to the Authority’s existing and additional fleet of CREPON (including CREPON 2) for up to 7.5 years (March 2027). The maximum approximate value of the contract including all exercisable options is £4.8 million.

It is considered that this contract can be awarded using the negotiated procedure without prior publication of a contract notice pursuant to Article 28 (1) (e) of the Directive 2009/81/EC (Regulation 16 (1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011) for technical reasons. To acquire goods which had different technical characteristics would result in incompatibility with the Authority’s existing CREPON AND CREPON 2 weapons firing devices and disproportionate technical difficulties in the operation and maintenance between the existing devices and the new devices creating an unacceptable operator safety risk for the Authority. In addition MASZ are the only supplier with the specific know-how and data to provide in-depth support to the devices to ensure specified performance of the devices. Furthermore the Authority does not have the necessary rights to release any relevant technical data for the purpose of competitive tendering of the additional devices or any consumable spares or any in-service support of the devices and neither has any licence been granted by MASZ to any third party necessary to do the same.