Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2021/S 076-195899/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Land Equipment, Operational Infrastructure Programme (OIP)
Postal address: MOD Abbey Wood, Elm 1c
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Hadyn Townley
Telephone: +44 3067985221
Email: hadyn.townley101@mod.gov.uk
Internet address(es):
Main address:

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: Amphora 2
II.1.2) Main CPV code: 71336000
II.1.3) Type of contract Services
II.1.4) Short Description:
This contract will be for repairs, refurbishment activity, design services and provision and maintenance of Technical Documentation associated with the Authority’s existing fleet of Deployable Technical Support Systems (DTSS).
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:35000000
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
This contract will be for repairs, refurbishment activity, design services and provision and maintenance of Technical Documentation associated with the Authority’s existing fleet of Deployable Technical Support Systems (DTSS).

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
There will be up to 5 Option Years (2 + 2 + 1).

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: yes
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: OI/0072
Title: Amphora 2

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2020-03-13
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Marshall Aerospace and Defence Group
Postal address: Cambridge Airport, Newmarket Rd
Town: Cambridge
Postal code: CB5 8RX
Country: United Kingdom
Telephone: +44 3067985221
Email: Tony.Martin@marshalladg.com
Nuts code: UKH12
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
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.dcocontracts.mod.uk GO Reference: GO-2021415-DCB-18083443
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Land Equipment, Operational Infrastructure Programme (OIP)
Postal address: MOD Abbey Wood, Elm 1c
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: hadyn.townley101@mod.gov.uk
Internet address:

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, Land Equipment, Operational Infrastructure Programme (OIP)
Postal address: MOD Abbey Wood, Elm 1c
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067985221
E-mail: hadyn.townley101@mod.gov.uk
Internet address:

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, Land Equipment, Operational Infrastructure Programme (OIP)
Postal address: MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067985221
E-mail: hadyn.townley101@mod.gov.uk
Internet address:

VI.5) Date of dispatch of this notice:
2021-04-15

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:
absence of competition for technical reasons

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:
Operational Infrastructure (OI), part of the UK Ministry of Defence, intends to place a new single contract with the Original Equipment Manufacturer (OEM) and Design Authority (DA), Marshall Land Systems Ltd (MLS). The contract shall be for a period of up to 5 years plus 5 option years (2 + 2 + 1) to provide in-service support until the new DTI capability is in service.
It is considered that this contract can be placed with MLS using the negotiated procedure without prior publication of a contract notice under Regulation 16(a)(ii) of the Defence and Security Public Contract Regulation 2011. In service support and additional equipment can only be placed with MLS for the following reason:
MLS are the OEM and the DA for the Amphora equipment. An alternative supplier would not have access to the necessary technical documentation or know how to have a sufficient technical understanding of the equipment and to be able to understand or support the safety case for repairs and modifications. This new proposed Amphora support solution is required to conduct the same exact scope of work as the current Amphora Contract but for longer than anticipated in order to transition to a DTI support arrangement.