Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-001841/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: Portsmouth
Country: United Kingdom
Email: peter.jones247@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: Purchase of REMUS 100M Autonomous Underwater Vehicles
II.1.2) Main CPV code: 35512400
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The Royal Navy, part of the UK Ministry of Defence, intends to award a contract with a value of £2.5 million to Huntington Ingalls Industries (HII) for the purchase of three 100m-capable Small Autonomous Underwater Vehicles (SUAVs) to the Royal Navy. 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 (PCR 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. This is because Royal Navy needs to be able to use equipment that is interchangeable with the US Navy for partnership operations and the equipment must be compatible with current systems already in operation. HII are the sole manufacturers of those equipment, and they are the only supplier with the capability to deliver this contract. No alternative or substitutes can be used as this equipment is already in operation by the US Navy. The total duration of this contract does not exceed 3 years
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3218641.00
Currency:USD
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
“The Royal Navy, part of the UK Ministry of Defence, intends to award a contract with a value of £2.5 million to Huntington Ingalls Industries (HII) for the purchase of three 100m-capable Small Autonomous Underwater Vehicles (SUAVs) to the Royal Navy. 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 (PCR 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. This is because Royal Navy needs to be able to use equipment that is interchangeable with the US Navy for partnership operations and the equipment must be compatible with current systems already in operation. HII are the sole manufacturers of those equipment, and they are the only supplier with the capability to deliver this contract. No alternative or substitutes can be used as this equipment is already in operation by the US Navy. The total duration of this contract does not exceed 3 years.
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: 709938450
Title: Purchase of REMUS 100M Autonomous Underwater Vehicles
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-01-18
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Huntington Ingalls Industries
Town: Fareham
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 information
VI.3) Additional information:
The Royal Navy, part of the UK Ministry of Defence, intends to award a contract with a value of £2.5 million to Huntington Ingalls Industries (HII) for the purchase of three 100m-capable Small Autonomous Underwater Vehicles (SUAVs) to the Royal Navy. 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 (PCR 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. This is because Royal Navy needs to be able to use equipment that is interchangeable with the US Navy for partnership operations and the equipment must be compatible with current systems already in operation. HII are the sole manufacturers of those equipment, and they are the only supplier with the capability to deliver this contract. No alternative or substitutes can be used as this equipment is already in operation by the US Navy. The total duration of this contract does not exceed 3 years.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Navy Command Commercial
Town: Portsmouth
Country: United Kingdom
VI.5) Date of dispatch of this notice:
2024-01-18
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:
The Royal Navy, part of the UK Ministry of Defence, intends to award a contract with a value of £2.5 million to Huntington Ingalls Industries (HII) for the purchase of three 100m-capable Small Autonomous Underwater Vehicles (SUAVs) to the Royal Navy. 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 (PCR 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. This is because Royal Navy needs to be able to use equipment that is interchangeable with the US Navy for partnership operations and the equipment must be compatible with current systems already in operation. HII are the sole manufacturers of those equipment, and they are the only supplier with the capability to deliver this contract. No alternative or substitutes can be used as this equipment is already in operation by the US Navy. The total duration of this contract does not exceed 3 years.
