Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-001916/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
Postal address: Mine Hunting Capability Team, ASH 0B, NH3, MoD Abbey Wood, Filton
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Mr Peter Allsop and Mr Garry Ogborne
Email: desshipsacq-ifc-mhc-comrcl@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: Procurement of software maintenance and development services
Reference number: 709378450
II.1.2) Main CPV code: 72231000
II.1.3) Type of contract Services
II.1.4) Short Description:
Procurement of software maintenance and development services
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:50000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: Main site or place of performance:SeeByte Ltd, Edinburgh, UK
II.2.4) Description of the procurement
Procurement of software development and maintenance services for Autonomy Software.
II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
There will be 2 contractual options, each facilitating an additional year of services, within a maximum contract term of 5 years.
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14) Additional information:
This notice is not a request for expressions of interest so please do not apply to be invited to tender. This notice advises that the Authority has decided to negotiate a contract with the named supplier on a single source basis, and is published for reasons of transparency.
Link to DSP Opportunity:
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: 709378450
Title: Autonomy Software Development and Maintenance
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-11-23
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: SeeByte Ltd
Postal address: Orchard Brae House, 30 Queensferry Road
Town: Edinburgh
Postal code: EH4 2HS
Country: United Kingdom
Telephone: +44 1314474200
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:
This notice is not a request for expressions of interest so please do not apply to be invited to tender. This notice advises that the Authority has decided to negotiate a contract with the named supplier on a single source basis, and is published for reasons of transparency.
Link to DSP Opportunity:
VI.4) Procedures for review
VI.4.1) Review body
Official name: Mine Hunting Capability delivery Team
Postal address: Ash 0B, NH3, MoD Abbey Wood, Filton
Town: Bristol
Postal code: BS35 8JH
Country: United Kingdom
E-mail: desshipsacq-ifc-mhc-comrcl@mod.gov.uk
Internet address:
VI.5) Date of dispatch of this notice:
2024-01-19
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 (in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 (as amended) for Technical Reasons. This requirement is for the continued support and development of SeeByte’s suite of proprietary software which was privately developed by SeeByte. This software is widely used in different applications by the Royal Navy and works collectively and collaboratively to optimise the operation and effectiveness of its autonomous vehicles (both surface and underwater).
This requirement is a direct continuation of the same services previously procured by the MoD, initially under the Defence Science and Technology Laboratory’s Science & Technology (S&T) programme and more recently by MHC. Ensuring contractual cover to facilitate the continuing support and evolutionary development of this software is critical to maintaining the Royal Navy’s existing capability. Given the history of the development of this software by SeeByte Limited, integrated into Royal Navy autonomous vehicles, there is no other reasonable alternative software available on the market that would meet the MoD’s continuing requirements.