Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-008128/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
Town: Bristol
Country: United Kingdom
Contact Person: Helen Winter
Email: helen.winter602@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: Wheeled Tanker In-Service Support

Reference number: 703040452
II.1.2) Main CPV code: 73423000
II.1.3) Type of contract Services
II.1.4) Short Description:
In Service Support (ISS) for the provision of Engineering Support, Post Design Services, Spares and Repairs to the Wheeled Tanker (WT) and Medium Light Equipment Transporter (MLET) capabilities
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:55000000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 34133100
Main CPV code: 34223340

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
In Service Support (ISS) for the provision of Engineering Support, Post Design Services, Spares and Repairs to the Wheeled Tanker (WT) and Medium Light Equipment Transporter (MLET) capabilities

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
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
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-03-24
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Oshkosh Defense LLC
Town: Oshkosh
Country: United States
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: Minsitry of Defence
Postal address: Vehicle Support Team, Cedar 1A #4110, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence
Postal address: Vehicle Support Team, Cedar 1A #4110, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Minsitry of Defence
Postal address: Vehicle Support Team, Cedar 1A #4110, MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-03-25

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

No tenders or no suitable tenders/requests to participate in response to:
negotiated procedure with prior publication of a contract notice

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 Vehicle Support Team (VST) – part of the Defence, Equipment and Support (DE&S) organisation within the UK Ministry of Defence (MOD) – intends to award to Oshkosh Defence LLC (‘OSK’) a 7-year In Service Support (ISS) contract for the provision of Engineering Support, Post Design Services, Spares and Repairs to the Wheeled Tanker (WT) and Medium Light Equipment Transporter (MLET) capabilities. The estimated value of contract is £55M VAT inc.
It is considered that the contract can be awarded using the negotiated procedure without prior publication of a contract notice pursuant to Regulation 16 (1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011 for technical reasons.
The current ISS contract with OSK is due to expire on 31 Mar 2023. The platforms’ Out of Service (OSD) date has recently been extended to 31 Mar 2030 necessitating a support arrangement to be secured. Only OSK, the Design Authority and Original Equipment Manufacturer (OEM) has access to the technical information, expertise, knowledge and know-how necessary to provide the Authority with assurance that the operational effectiveness and safety of the platforms will not be compromised. A third party would not be able to carry out this work without access to the necessary design and technical information which is required to ensure the goods are produced and provided to the correct technical specification, in terms of quality, performance and safety. The Services being procured under this contract are safety critical to the operation of the platforms and so must be produced to the correct specification. The platforms technical information is not available to the Authority and are owned by the Contractor in their role of OEM and the Authority does not have the necessary rights to provide that information to a third party.