Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-005498/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
Town: Gibraltar
Country: United Kingdom
Email: thomas.stanway101@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: Provision of SIM Cards for British Forces Gibraltar

Reference number: 707009451
II.1.2) Main CPV code: 31712112
II.1.3) Type of contract Supplies
II.1.4) Short Description:
British Forces Gibraltar requires mobile phone SIM cards for calls, text and data.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:230000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 31712112

II.2.3) Place of performance
Nuts code: Main site or place of performance:Gibraltar

II.2.4) Description of the procurement
BF Gibraltar requires approximately 100 SIM Cards with calls, texts and data to support operations. Phone numbers supplied must have the Gibraltar international dial code (+350) and retain current phone numbers.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Initial contract term 3 years with additional 2 x 1 year options.

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 prior publication(in accordance with Article 32 of Directive 2014/24/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:2023-02-23
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Gibtelecom Ltd
Town: Gibraltar
Country: Gibraltar
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 information
VI.3) Additional information:
Contract commencement date is anticipated to be 1st April 2023. The contract has not been awarded.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Thomas Stanway
Town: Gibraltar
Country: Gibraltar
E-mail: Thomas.stanway101@mod.gov.uk

VI.5) Date of dispatch of this notice:
2023-02-24

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 prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
The products involved are manufactured purely for the purpose of research , experiment, study or development under the conditions stated
in the directive(for 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:
British Forces Gibraltar, part of the Ministry of Defence, intends to enter into a contract with Gibtelecom Ltd for the supply of approximately 100 mobile SIMS for users based in Gibraltar, including calls and data packages. The contract will be for 3 years with a further two, 1 year options and have a value of approximately £230k.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). 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 (as required by in accordance with the relevant legislation) is lawful in accordance with regulation 32(b)(ii) of the PCR 2015 because competition is absent for technical reasons.
This is because Gibtelecom Ltd is the only supplier able to provide SIMS with a phone number with a Gibraltar International Dialling Code (+350), thereby allowing current numbers to be retained.