Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-033037/EN)
Nature of contract: Service contract
Procedure: Award of a contract without prior publication
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: MoD Abbey Wood, Filton
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Email: aaronn.irwin109@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: Terrier – Lockout Suspension Units
II.1.2) Main CPV code: 73423000
II.1.3) Type of contract Services
II.1.4) Short Description:
the purchase of ten pairs of Terrier Suspension units [NATO Stock Numbers: NSN 2510-99-598-6927 and NSN 2510-99-497-2591]
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
the purchase of ten pairs of Terrier Suspension units [NATO Stock Numbers: NSN 2510-99-598-6927 and NSN 2510-99-497-2591]

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
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
(please complete point 2 of the Annex D)
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: 701574415
Title: Terrier – Lockout Suspension Units

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-11-22
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Horstman Defence Systems Limited,
Postal address: Locksbrook Road, Bath BA1 3EX,
Town: Bath
Postal code: BA13EX
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: MoD Abbey Wood, Filton, Bristol,
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-11-22

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

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(“VS”), part of the UK Ministry of Defence (“MOD”), intends to award a new (2 year) contract to Horstman Defence Systems Ltd (“Horstman”) for the purchase of ten pairs of Terrier Suspension units [NATO Stock Numbers: NSN 2510-99-598-6927 and NSN 2510-99-497-2591], to be used as additional spare stock items for the existing Terrier tractor fleet.
It is considered that this contract can be awarded using the negotiated procedure without prior publication of a contract notice in accordance with Article 28(3)(a) of Directive 2009/81/EC (Regulation 16(1)(b)(i)(aa) and (bb) of the UK Defence and Security Public Contracts Regulations 2011) as a change of supplier would oblige the MoD to acquire additional suspension units having different technical characteristics which would result in incompatibility and disproportionate technical difficulties in operation and maintenance.
The Terrier Armoured Engineer Tractor (AET) Horstman Suspension units is specifically configured for the TERRIER Armoured Engineer Tractor (AET) hull and military operational environment end use. As Horstman are the Original Equipment Designer and Manufacturer of the Terrier Suspension units, this order will maintain the existing operational fleet and maintain configuration of the whole Terrier fleet. The Terrier suspension units need to meet complex and unique design requirements due to the specialist nature of the Terrier platform. Commonality of replacement parts is required across the fleet to ensure operational effectiveness. To introduce new 3rd party supplier suspension units would require a lengthy trial and testing process at significant and disproportionate time and cost. In addition, Terrier is a highly automated vehicle and these suspension units will also need to fully integrate with this automated system. A change of supplier for these spare suspension units would result in technical incompatibility and integration issues with this automated system along with associated safety impacts. Further, a mixed stock of both spare Horstman and 3rd party supplier suspension units would result in technical difficulties in the operation and maintenance of the Terrier fleet, as it would effectively create a mixed fleet of Mk1 and 2 versions of the platform.