Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-001093/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, Land Equipment, Training and Simulation Systems Programme (TSSP)
Postal address: Cedar 2B, No. #4110, MOD Abbey Wood (South)
Town: Bristol
Postal code: BS348JH
Country: United Kingdom
Contact Person: Bob Wade
Email: Bob.Wade102@mod.gov.uk
Internet address(es):
Main address: www.des.mod.uk

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: Instrumented Live Training – ILT-A (Area Weapons Effect Simulation)

Reference number: TSSP/142
II.1.2) Main CPV code: 50660000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Training Simulation Systems Programme within Defence Equipment and Support, part of the UK Ministry of Defence (MoD), intends to place with Cubic Defense Applications Inc (CDA) a 2-year contract with up to an additional 4 x 1-year option years for the provision of Contractor Logistic Support, Support Repair and Post Design Services for the MoD owned Area Weapons Effect Simulator (ILT-A). ILT-A enables the simulation of area effects such as fire missions, danger areas like minefields, and permits the tracking and monitoring of participants (players) while dismounted, in vehicles and structures. The system provides man worn and vehicle instrumentation and an engagement capability for lighter weapons, as part of collective training. It simulates and records the effects of weapon engagements and enables realistic and challenging training. The contract will also allow for further developed instrumentation for Combined Arms Live Fire Exercises (CALFEX) along with potential for future Vehicle Integration. There is also a possibility of expansion of the systems into currently undefined training areas globally.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:90000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: Main site or place of performance:UK

II.2.4) Description of the procurement
The Training Simulation Systems Programme within Defence Equipment and Support, part of the UK Ministry of Defence (MoD), intends to place with Cubic Defense Applications Inc (CDA) a 2-year contract with up to an additional 4 x 1-year option years for the provision of Contractor Logistic Support, Support Repair and Post Design Services for the MoD owned Area Weapons Effect Simulator (ILT-A). ILT-A enables the simulation of area effects such as fire missions, danger areas like minefields, and permits the tracking and monitoring of participants (players) while dismounted, in vehicles and structures. The system provides man worn and vehicle instrumentation and an engagement capability for lighter weapons, as part of collective training. It simulates and records the effects of weapon engagements and enables realistic and challenging training. The contract will also allow for further developed instrumentation for Combined Arms Live Fire Exercises (CALFEX) along with potential for future Vehicle Integration. There is also a possibility of expansion of the systems into currently undefined training areas globally.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
The Authority intends on placing a contract with 2 guaranteed years and 4 x 1-year options. The first 2 core years and the potential 4 x 1-year options will be priced and then subject when appropriate to VOP. The contract value included in this advert is a ROM cost if all 4 yearly options are taken up by the Authority. The Authority withholds the right not to take up any of these options. The ROM cost of this contract if no yearly options are enacted by the Authority will be £50M GBP. This contract award is subject to negotiation with the referenced supplier.

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: TSSP/142
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-11-15
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Cubic Defense Applications Inc.
Postal address: 9333 Balboa Avenue, PO Box 92123
Town: San Diego
Postal code: CA 92123
Country: United States
Telephone: +39 3455500741
Email: monica.elston@cubic.com
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 information
VI.3) Additional information:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Land Equipment, Training and Simulation Systems Programme (TSSP)
Postal address: Cedar 2B, No. #4110, MOD Abbey Wood (South)
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: bob.wade102@mod.gov.uk

VI.5) Date of dispatch of this notice:
2023-01-13

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:
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.
Cubic Defense Applications (CDA) are the Original Equipment Manufacturer (OEM) and Design Authority (DA) for the ILT-A. They are the only supplier who has access to the necessary technical data, source code and design drawings to be able to provide the support and upgrade services required. Further, only CDA have the specific skills, know-how and experience to provide Contractor Logistic Support (CLS) for the maintenance and repair of existing equipment and managed services, and Post Design Services (PDS) for modifications and design alterations/enhancements to the existing equipment which they have built up over a number of years as the OEM, support and upgrade provider and DA for ILT-A. Performance of the intended contract also requires access to ITAR controlled information and CDA is the only entity authorised to receive this information. In addition, ILT-A is required to integrate with the MoD’s Direct Fire Weapons Effect Simulator (ILT-D) capability, which is also supported by CDA, to provide the MoD with a Tactical Effect Simulator (TES) capability — a fully integrated combat training system. If another supplier was to attempt to provide the support and upgrade services required for ILT-A then this would also risk significant technical inter-operability issues with ILT-D/TES.