Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-005684/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 Abbeywood, NH1, Yew 1c, #1027
Town: Bristol
Country: United Kingdom
Email: deslightning-commercial@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: Support to DSAPF and SABRE
II.1.2) Main CPV code: 50600000
II.1.3) Type of contract Services
II.1.4) Short Description:
Maintenance, in service support, repairs, provision of spares and query answering service of DSAPF and SABRE containers
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Lowest offer: 970000.00/ Highest offer: 970000.00 taken into consideration
Currency: GBP

II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Maintenance, in service support, repairs, provision of spares and query answering service of DSAPF and SABRE containers

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: 705782450
Title: Support to DSAPF and SABRE

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-02-27
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: DREHTAINER GmbH
Postal address: Alte Grenze 1, 19246 Valluhn, Businesspark A24, Germany
Town: Lüttow-Valluhn
Postal code: 19246
Country: Germany
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: Lightning Delivery Team
Postal address: MOD Abbey Wood, Yew 1c,
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-02-27

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 Lightning Delivery Team (LDT), part of the UK Ministry of Defence (MOD), intends to award a 5 year contract to Drehtainer GmbH for the provision of DSAPF/SABRE maintenance, in service support, repairs, provision of spares and query answering service. 

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 the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011) (as amended).

Drehtainer GmbH are the sole manufacturer of the DSAPF and SABRE containers, and of the parts and equipment used to connect the containers which then become bespoke installations constructed to a standard which is acceptable to both UK and US Security Accreditors, allowing them to operate at the highest security levels.

Drehtainer GmbH are the only holders of the technical and design information, and therefore only this company has the technical know-how, bespoke tools and equipment that is necessary to carry out maintenance and repairs to fulfil the contract, and also answer queries without compromising the security accreditation. Loss of security accreditation would have an unacceptable impact on UK F35 operational capability.  The MOD does not hold, nor does it have the right to obtain or use, the necessary documentation and information from Drehtainer GmbH and cannot authorise a third party to carry out maintenance work on this equipment.