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Type of document: Contract Notice
Country: United Kingdom

UK-Bristol: License management software development services.

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

Section I: Contracting authority/entity

I.1) Name and addresses
Defence Equipment & Support
Cedar 1b #3157, MOD Abbey Wood, Bristol, BS34 8JH, United Kingdom
Tel. +44 03067939507, Email: geoffrey.roberts116@mod.gov.uk
Main Address:
NUTS Code: UKG21

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: Active Conductor Licences.
Reference number: 701027380

II.1.2) Main CPV code:
72212218 – License management software development services.

II.1.3) Type of contract: SERVICES

II.1.4) Short Description: Purchase of Active Conductor Licences – to be used by Babcock International Group to connect to the MOD systems only

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

II.1.7) Total value of the procurement (excluding VAT)
Value: 55,552
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UKG21 Telford and Wrekin

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: 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: Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below

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: 701655452 Lot Number: Not Provided Title: Active Conductor Licences

V.2) Award of contract/concession

V.2.1) Date of contract award decision: 01/10/2021.

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:
NDL Software Limited
Parkhill Business Centre,, Walton Road, Wetherby, LS22 5DZ, United Kingdom
Tel. +44 1937543500, Email: info@ndl.co.uk
NUTS Code: UKE4
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 52,920
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, Service Management Function
Cedar 1b #3157, MOD Abbey Wood, Bristol, BS34 8JH, United Kingdom
Tel. +44 3067939507, Email: geoffrey.roberts116@mod.gov.uk

V1.4.2) Body responsible for mediation procedures:
Ministry of Defence, Land Equipment, Service Management Function
Cedar 1b #3157, MOD Abbey Wood, Bristol, BS34 8JH, United Kingdom
Tel. +44 3067939507, Email: geoffrey.roberts116@mod.gov.uk.

VI.4.3) Review procedure
Not Provided

VI.4.4) Service from which information about the review procedure may be obtained
Service Management Fucntion
Cedar 1b #3157, MOD Abbey Wood, Bristol, BS34 8JH, United Kingdom
Tel. +44 3067939507, Email: geoffrey.roberts116@mod.gov.uk

VI.5) Date of dispatch of this notice: 28/10/2021

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

2. Other justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union

The contract has as its object services listed in Annex II B to the directive: No
The procurement falls outside the scope of application of the directive: Yes
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 NDL Server emulator, is hosted by Boeing Defence, and managed under contract ref LOGNEC1/0001. It is a Gateway from either the RLI or MODNET into the SS3 server in Corsham so that users can access data/systems etc. The only way in which any individual (industry & MOD) can access the server (via the NDL Server emulator) is with a current NDL Metaskype Active Conductor Licence. Due to the remote access (RLI) by Babcock (the Authority’s agent), individual Active Conductor user licences for the period 04 Oct 2021 – 30 Sep 2022 are required by Babcock personnel at 10 x different locations in order for those personnel to carry out the Inventory, Repair and Management (IR&M) function in support of Maintenance, Repair & Overhaul (MRO) as contracted within the Service Provision and Transformation Contract (SPTC) on Stores System 3 (SS3). The identified supplier, NDL, are the only source of the NDL TE products which are required in order to access SS3 by Babcock Land Defence Limited. Any and all access to SS3 requires an NDL Active Conductor license, and NDL do not have any resellers nor distributors able to offer this product. Installation of any alternative product would require substantial re-design and implementation work by BDUK and T&I by MODNET, which would represent an unfeasible level of additional technical risk. As they are the sole provider of these licences, NDL is the only supplier capable of meeting this requirement. The total cost of this of the licenses is £55,552.00 (ex-VAT). As NDL are the only provider able to provide the individual Active Conductor user licences, the Authority intends to place enter into a negotiated procedure without prior publication with NDL for technical reasons.

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