Type of document: Contract Notice
Country: United Kingdom
UK-Lossiemouth: High voltage installation work.
Preliminary Questions
This notice is published by:
Directive 2014/24/EU
Section I: Contracting authority/entity
I.1) Name and addresses
Defence Infrastructure Organisation (DIO)
RAF Lossiemouth, Lossiemouth, IV30 6SD, United Kingdom
Tel. +44 1343816063, Email: karen.carter676@mod.gov.uk
Contact: Karen Carter – Senior Commercial Lead
Main Address:
NUTS Code: UKM62
I.4) Type of the contracting authority (in the case of a notice published by a contracting authority)
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main Activity (in the case of a notice published by a contracting authority)
General public services
Section II: Object
II.1) Scope of the procurement
II.1.1) Title: RAF Lossiemouth Development Programme (LDP): Utilities – High Voltage (HV) Electrical Infrastructure Enhancements (EIE).
Reference number: Not Provided
II.1.2) Main CPV code:
45315400 – High voltage installation work.
II.1.3) Type of contract: WORKS
II.1.4) Short Description: MOD is procuring the following works in connection with the RAF Lossiemouth Development Programme (LDP) namely the planning, design, supply, installation, completion, testing and commissioning of enhancements and additions to the electricity infrastructure serving RAF Lossiemouth, Lossiemouth, Moray, IV31 6SD, Scotland, including, without limitation, the making of a new connection to the local electricity distribution network, the upgrading of the existing electricity infrastructure, the provision of upgraded standby power generation facilities and the diversion of certain existing electricity cabling at RAF Lossiemouth.
Following Government and Industry best practice, the Form of Contract will be an NEC4, Engineering and
Construction Contract (ECC) with secondary option clauses and incorporating ‘Z’ clause amendments. The proposed Pricing arrangement will be NEC Main Option A — Priced Contract with Activity Schedule.
II.1.6) Information about lots
This contract is divided into lots: No
II.1.7) Total value of the procurement (excluding VAT)
Value: 9,500,000
Currency: GBP
II.2) Description
II.2.2) Additional CPV codes:
Not provided
II.2.3) Place of performance:
UKM62 Inverness & Nairn and Moray, Badenoch & Strathspey
II.2.4) Description of the procurement:
Not provided
II.2.5) Award criteria
(Directive 2014/24/EU / Directive 2014/25/EU)
Not provided
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 prior publication (in accordance with Article 32 of Directive 2014/24/EU)
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: DIOCB1/247 Lot Number: Not Provided Title: RAF Lossiemouth Development Programme (LDP): Utilities – High Voltage (HV) Electrical Infrastructure Enhancements (EIE)
V.2) Award of contract/concession
V.2.1) Date of contract award decision: 30/12/2020.
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:
FES Support Services Limited, SC387816
Forth House, Pirnhall Business Park, Stirling, FK7 8HW, United Kingdom
Tel. +44 1786819600, Email: hq@fes-group.co.uk
Internet address:
NUTS Code: UKM77
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 9,500,000
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 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)
London, United Kingdom
V1.4.2) Body responsible for mediation procedures:
Ministry of Defence, DIO, Defence Infrastructure Organisation (DIO)
London, United Kingdom.
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)
London, United Kingdom
VI.5) Date of dispatch of this notice: 31/12/2020
Annex D1 – General Procurement
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2014/24/EU
1. Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article 32 of Directive 2014/24/EU
No tenders or no suitable tenders/requests to participate in response to: Not provided
The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
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)
With reference to Article 32 of Directive 2014/24/EU, MOD has concluded that, having carried out a market analysis, the works described above (the Works) can only be supplied by FES Support Services Limited (FES) given that competition is absent for technical reasons, and given that, as at the date of this notice, no reasonable alternative or substitute to FES can be reasonably foreseen by MOD. MOD also confirms, for completeness, that there has not been an artificial narrowing down of the parameters of this procurement.
Specifically, MOD has determined that competition is absent for technical reasons on the basis that, principally, FES has specific know-how at its disposal which is required to carry out the Works. Such know-how has been obtained as a result of installing the high voltage private network at RAF Lossiemouth in 2015 and carrying out maintenance works in relation to this network over several years, providing FES with unique insight and familiarity with the assets. FES has, therefore, developed in-depth and specific knowledge of the current high voltage private network at RAF Lossiemouth, its functioning and the current faults, shortcomings and issues in this network. Such knowledge will be required by FES for the proper planning, design and execution of the Works, and, more specifically, for example, to:
• understand and address the specific interoperability requirements which need to be fulfilled in order to ensure the functioning of the Works, given that the Works will require upgrades and alterations to the existing network;
• develop a model (utilising the IPSA power system analysis software) of the current high voltage private network at RAF Lossiemouth to assess the impact that the Works will have on the current network, and update and develop the model, as required, during the course of the Works. This model will be essential to determining the effect that the Works will have on the current network, and will assist in ensuring that the electrical infrastructure supports the new infrastructure at RAF Lossiemouth and addressing the required demand from the distribution network operator; and
• produce and implement a design with knowledge and awareness of the buried services within RAF Lossiemouth (taking into account the existence and location of known classified or highly sensitive services), and relocate certain buried services, as required.
On the basis of the above, MOD has determined that it would be nearly impossible for another contractor to achieve the required technical performance without the specific know-how that has been obtained by FES, which is essential to the carrying out of the Works.