Defence Online

Type of document: Contract Notice
Country: United Kingdom

UK-Bristol: Satellite communications 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
#3016, MOD Abbey Wood South, Stoke Gifford, Bristol, BS34 8JH, United Kingdom
Tel. +44 3067989349, Email: myles.holliday104@mod.gov.uk
Contact: Myles Holliday
Main Address:
NUTS Code: UKK11

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: Type 31 Mode 5 IFF.
Reference number: Not Provided

II.1.2) Main CPV code:
32531000 – Satellite communications equipment.

II.1.3) Type of contract: SUPPLIES

II.1.4) Short Description: Type 31 (T31) project team within Ship Acquisition, which is part of the UK Ministry of Defence (MOD) has a requirement to procure Mode 5 Identification Friend-or-Foe (IFF) for five Type 31 frigates.

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

II.1.7) Total value of the procurement (excluding VAT)
Value: 3,000,000
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
35511200 – Destroyers and frigates.
32531000 – Satellite communications equipment.

II.2.3) Place of performance:
UKK11 Bristol, City of

II.2.4) Description of the procurement:
Not provided

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

Lowest Price

II.2.11) Information about options:
Options: Yes
If yes, description of these options: The Authority may negotiate options for the supply of additional equipment to satisfy future ship building demands, e.g. spares

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: SHIPACQ216 Lot Number: Not Provided Title: Type 31 Mode 5 IFF

V.2) Award of contract/concession

V.2.1) Date of contract award decision: 10/02/2021.

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:
Leonardo MW Ltd, 02426132
Sigma House, Christopher Martin Road, Basildon, SS14 3EL, United Kingdom
Tel. +44 1268823400, Email: Andrew.Collingham01@leonardocompany.com
Internet address:
NUTS Code: UKK11
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 3,000,000
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.dcocontracts.mod.uk
VI.4) Procedures for review

VI.4.1) Review Body
Ministry of Defence
#3016, MOD Abbey Wood South, Stoke Gifford, Bristol, BS34 8JH, United Kingdom
Tel. +44 3067989349, Email: myles.holliday104@mod.gov.uk

V1.4.2) Body responsible for mediation procedures:
Ministry of Defence
Bristol, United Kingdom
Tel. +44 3067989349, Email: myles.holliday104@mod.gov.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
Bristol, United Kingdom
Tel. +44 3067989349, Email: myles.holliday104@mod.gov.uk

VI.5) Date of dispatch of this notice: 11/02/2021

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: 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: Yes

New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive: No

Procurement of supplies quoted and purchased on a commodity market: No

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

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)
Ship Acquisition, which is part of the UK Ministry of Defence (MOD), proposes to place a contract with Leonardo MW Ltd (Company Registration Number 02426132) (“the Company”) for the provision of five (5) Mk XIIAS Mode 5 Identification Friend-or-Foe System (“the System”) to be integrated onto the Type 31 frigates. The System comprises the following: M428 Compact Transponder, M910 Mk.2 Transponder Remote Control Unit, MSSR 2000ID Interrogator, SIT2010 Crypto Unit and IFF Ancillary Equipment associated with Transponder/Interrogator installation, along with technical information (“the Goods”). The Contract will also include an ability for the UK MOD to obtain technical support from the Company for the integration of the System onto the Type 31 frigate (“the Services”) if required in the future.

The contract has an estimated value of £2M – £3M (two to three million pounds) at the time of contract placement and a duration of seven (7) years.

It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(3)(a) of Directive 2009/81/EC (Regulation 16(1)(b)(i) of the Defence and Security Public Contracts Regulations 2011). Procuring the System and Goods from a manufacturer other than the Company would mean the MOD would acquire goods that have different technical characteristics to existing goods that are already in operation across wider MoD platforms. Operating goods with different technical characteristics simultaneously across multiple Type 31 and UK MOD platforms would cause disproportionate technical difficulties in the operation and maintenance of the existing goods. In particular, causing safety and operational user risk to arise, particularly with regards to the Cryptographic elements of the systems. Whilst the proposed contract term and other contracts held by the UK MOD with the Company with substantially the same purpose exceed five (5) years in duration there is a requirement that all Systems, Goods and Services remain the same across MOD platforms that are already in operation and all Type 31 frigates for operational purposes. The proposed build programme for the Type 31 frigates will exceed five (5) years, and therefore in accordance with paragraph (3) of Regulation 16 of the Defence and Security Public Contracts Regulations 2011 exceptional circumstances exist which justify the placement of a contract with the Company of the specified duration. This will ensure that all Type 31 frigates will receive the same Systems and Goods and the Company is able to provide the necessary Services to integrate the Systems and Goods as the Type 31 frigates are built.