Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2021/S 000-028522/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
Postal address: Defence Equipment & Support, MOD Abbey Wood South, LEOC-STSP-DCC-Lethality, NH3 Cedar 2A #3260, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Lisa Sinfield
Telephone: +44 3001666082
Email: Lisa.Sinfield100@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: Contractor Logistics Support for the MP7 Weapon

Reference number: 701604450
II.1.2) Main CPV code: 50620000
II.1.3) Type of contract Services
II.1.4) Short Description:
On behalf of the Ministry of Defence Police (MDP), the Authority intends to award a contract to NSAF Ltd for a Contractor Logistics Support contract in respect of the MP7 weapon in-service with the Ministry of Defence Police (MDP) and Sovereign Base Areas Police Cyprus (SBAP). This contract is for a support & repair service that consist of management activities, routine weapon inspections and the provision of scheduled and unscheduled repairs/maintenance, as required. This contract will also include the ability to procure additional weapons & spares, if required. The contract will be for a 3-year period, with an option to extend for a further 2-years.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1100000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35321200

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
This contract will provide a logistics support service for the MP7 fleet of weapons, that will ensure the Ministry of Defence Police (MDP) and Sovereign Base Areas Police Cyprus (SBAP) can meet their continued capability needs. This contract will encompass a range of management support services, ensure inspection and repairs of the fleet of weapons in the UK and overseas are performed, and include the procurement of additional in-service weapons and spares, if required.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Options will be available on the contract to procure additional in-service MP7 weapons & spares. An option will be available to extend the term of the contract for a further 2-year period.

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: no
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: 701604450
Title: Contractor Logistics Support for MP7 Weapon

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2021-11-03
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: NSAF Limited
Postal address: PO Box 7151
Town: Nottingham
Postal code: NG7 2TD
Country: United Kingdom
Telephone: +44 1159248736
Email: Paul.McDonald@heckler-koch-uk.com
Nuts code:
The contractor is an SME: yes

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
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties

Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence
Postal address: Defence Equipment & Support, MOD Abbey Wood South, LEOC-STSP-DCC, NH3 Cedar 2A #3260, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3001666082
E-mail: Lisa.Sinfield100@mod.gov.uk
Internet address:

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence
Postal address: Defence Equipment & Support, MOD Abbey Wood South, LEOC-STSP-DCC, NH3 Cedar 2A #3260, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3001666082
E-mail: Lisa.Sinfield100@mod.gov.uk
Internet address:

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence
Postal address: Defence Equipment & Support, MOD Abbey Wood South, LEOC-STSP-DCC, NH3 Cedar 2A #3260, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3001666082
E-mail: Lisa.Sinfield100@mod.gov.uk
Internet address:

VI.5) Date of dispatch of this notice:
2021-11-15

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 products involved are manufactured purely for the purpose of research, experiment,study or development under the conditions
stated in the directive(for services and supplies only)
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:
On behalf of the Ministry of Defence Police (MDP) and Sovereign Base Areas Police Cyprus (SBAP), the Dismounted Close Combat programme team, part of the UK Ministry of Defence, intends to place a 3-year contract with an option to extend for a further 2-years, with NSAF Ltd for the Contractor Logistics Support of the MP7 Weapon.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (in particular by SI 2019/697 and SI 2020/1450). Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that the award of the contract without prior publication of a contract notice in the UK e-notification service is lawful in accordance with Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 due to technical reasons.
This is because NSAF Ltd is the UK subsidiary of Heckler & Koch GmbH, the Original Equipment Manufacturer (OEM) of the weapon, and is the only entity the Authority is able to contract with that has access to the necessary technical information for the MP7 weapon comprised in this contract. NSAF Ltd are the only economic entity with the capability necessary to provide the required support services and repairs to ensure it complies with the endorsed specification and maintains the operational performance and effectiveness of the weapon.
As part of the Contract, should the Authority wish to procure additional weapons and/or spares during the term of the contract, the Negotiated Procedure without Prior Publication of a Contract Notice pursuant to 16(1)(b)(i) of the UK Defence and Security Public Contracts Regulations 2011 for Technical Reasons will apply. As stated above, NSAF Ltd is the only entity which the Authority is able to contract with that has access to the technical information and capabilities required to manufacture the weapon and associated spares to ensure its safe and suitable for service. A change of supplier would oblige MDP/SBAP to field a fleet of weapons with different technical characteristics that will affect the interoperability and safety of the weapon. Having users that were trained and operating similar weapons with different characteristics would lead to an unacceptable level of safety risk with the operational performance of the rifles, even if additional configuration control measures, training measures, supplementary technical documentation and user manuals were in place.