Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-001386/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, 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: Viking Combined Support Contract

Reference number: 701499375
II.1.2) Main CPV code: 50620000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Authority intends to amend an enabling framework contract with Viking Arms Ltd for the provision of support services in respect of the in-service fleet of Glock weapons to include the in-service fleet of PVS-15 with the UK Armed Forces. The contract, as amended, will be for a 5-year period and will include the provision of a technical support service and the procurement of additional in-service equipment if required.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:4000000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35321100

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
This enabling framework contract will provide a combination of support, supply and repair services for the in-service fleet of Glock weapons and in-service PVS-15 that will ensure the UK Armed Forces Commands can meet their enduring and future capability needs. This contract will include the provision of a technical support service and enable the procurement of additional in-service equipment, 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 equipment included under the contract. There will not be an option available to extend the term of the contract.

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.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
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: 701499375
Title: Viking Combined Support Contract

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2021-03-08
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Viking Arms Limited
Postal address: Summerbridge
Town: Harrogate, North Yorkshire
Postal code: HG3 4BW
Country: United Kingdom
Telephone: +44 1423780810
Email: dan@vikingarms.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:
2022-01-17

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:
The Dismounted Close Combat programme team, part of the UK Ministry of Defence, intends to amend a 5-year enabling framework contract with Viking Arms Ltd for the Combined Support, Supply and Repair of the in-service fleet of Glock weapons to include the in-service fleet of PVS-15; the contract will include the provision to procure additional systems if required.
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 for Technical Reasons.
This is because Viking Arms Ltd are the exclusive UK agent for the Original Equipment Manufacturer (OEM) and Design Authority (DA) for the Glock family of weapons and PVS-15, and are the only economic entity with access to the necessary knowledge, expertise, and technical information for the equipment comprised in this contract. Viking Arms Ltd are the only economic entity with the capability and access necessary to provide the required technical support to ensure it complies with the Authority’s specification and maintains operational performance and effectiveness of the equipment.
As part of the enabling framework contract, should the Authority wish to procure additional equipment during the term of the contract, Viking Arms Ltd are the only supplier able to supply the current in-service equipment comprised in this contract. A change of supplier would oblige the Authority to acquire equipment with different technical characteristics that would affect the interoperability of the equipment. Having users that were trained and operating similar equipment with different characteristics would lead to an unacceptable level of safety risk, especially with the operational performance of the weapons, even if additional configuration control measures, training measures, supplementary technical documentation and user manuals were in place.