Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-027178/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: Corsham
Country: United Kingdom
Contact Person: Reuben Treasure
Email: reuben.treasure227@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: Repair and Maintenance Services for Telecommunications and Radio Network (Project FARSIGHT)
II.1.2) Main CPV code: 50312600
II.1.3) Type of contract Services
II.1.4) Short Description:
Repair and Maintenance Services for Telecommunications and Radio Network (Project FARSIGHT)
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:16000000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 31711423
Main CPV code: 32230000
Main CPV code: 32412000

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

II.2.4) Description of the procurement
Defence Digital Networks Commercial – Strategic Services (Radios), part of the UK Ministry of Defence (MoD), intends to issue an Invitation to Negotiate single source procurement with the aim to award a contract to Airbus Defence & Space Ltd for the duration of 5 years (with annual break points after year 3). This service will maintain and sustain the current assets which are owned by Airbus Defence & Space Ltd. Maintenance and sustainment activities will include spares, repair, obsolescence management, and the ongoing training of MoD personnel for the existing FARSIGHT system. As the Ministry of Defence does not own the solution and assets, it does not have the authority to allow another supplier to maintain and sustain the system.
It is important to note, that delivery in theatre creates, specific, environmental and logistical constraints. Such that to sustain and maintain services on the Falkland island can require a period of 3 years to allow for inspection, design, build, test and commission, within favourable weather windows.
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 Defence Security Public Contracts Regulations 2011. 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 DSPCR 2011 because competition is absent for technical reasons. Equipment and Intellectual Property Rights of the current solution are owned by Airbus Defence and Space.
In addition the Authority would like industry to note the Authority may use Repetition of works or services (Regulation 16(1)(d)(ii)) if further works or provide further services, which are a repeat of the original works or services are required.

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
Contract No: 709136452
Title: Repair and Maintenance Services for Telecommunications and Radio Network (Project FARSIGHT)

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-09-13
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Airbus Defence and Space Limited
Postal address: Quadrant House
Town: Newport
Postal code: NP10 8FZ
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: Defence Digital
Town: MOD Corsham
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-09-14

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:
Defence Digital Networks Commercial – Strategic Services (Radios), part of the UK Ministry of Defence (MoD), intends to issue an Invitation to Negotiate single source procurement with the aim to award a contract to Airbus Defence & Space Ltd for the duration of 5 years (with annual break points after year 3). This service will maintain and sustain the current assets which are owned by Airbus Defence & Space Ltd. Maintenance and sustainment activities will include spares, repair, obsolescence management, and the ongoing training of MoD personnel for the existing FARSIGHT system. As the Ministry of Defence does not own the solution and assets, it does not have the authority to allow another supplier to maintain and sustain the system.
It is important to note, that delivery in theatre creates, specific, environmental and logistical constraints. Such that to sustain and maintain services on the Falkland island can require a period of 3 years to allow for inspection, design, build, test and commission, within favourable weather windows.
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 Defence Security Public Contracts Regulations 2011. 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 DSPCR 2011 because competition is absent for technical reasons. Equipment and Intellectual Property Rights of the current solution are owned by Airbus Defence and Space.
In addition the Authority would like industry to note the Authority may use Repetition of works or services (Regulation 16(1)(d)(ii)) if further works or provide further services, which are a repeat of the original works or services are required.