Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2021/S 000-028530/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Postal address: Floorplate F1, Building 405, MOD Corsham, Westwells Road
Town: Corsham
Country: United Kingdom
Email: ISSComrcl-SyInfra-Group@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: TEMPEST FWST
II.1.2) Main CPV code: 32260000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
This contract is to replace an ageing fleet of TEMPEST test sets which provide information assurance to commanders of Air assets.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2257920.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The requirement to replace an ageing fleet of TEMPEST test sets which provide information assurance to commanders of Air assets.

II.2.5) Award criteria
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:
This notice is not a request for expressions of interest so please do not apply to be invited to tender. This notice advises that the Authority has decided to negotiate a contract with the named supplier on a single source basis and is published for reasons of transparency.If you are interested in becoming a sub-contractor for this requirement, you should apply directly to the supplier named above

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: 701656453
Title: TEMPEST FSWT

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2021-11-15
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: ROHDE & SCHWARZ UK Ltd
Postal address: Ancells Business Park
Town: Hampshire
Postal code: GU51 2UZ
Country: United Kingdom
Nuts code:
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
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: F1, Building 405, MOD Corsham, Westwells Road
Town: Corsham
Postal code: SN13 9NR
Country: United Kingdom

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:
protection of exclusive rights, including intellectual property rights

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:
The Ministry of Defence intends to award a contract to Rohde & Schwartz Ltd for the supply of 7 FWST TEMPEST receivers which are used to carry out TEMPEST testing to ensure information security and assurance of air platforms at RAF Digby. In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this contract 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 this contract can be awarded without prior publication of a contract notice in the UK e-notification service in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
This is because Rodhe & Schwartz Limited are the only supplier currently accredited by the National Cyber Security Centre (NCSC) to provide TEMPEST testing capability in respect of information classified as SECRET.