Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-005972/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: MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Lewis Harvey-Samuel
Email: lewis.harvey-samuel100@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: ADEWS/120: PROVISION OF IN-SERVICE SUPPORT FOR CAMERA AND DATA RECORDING SYSTEMS

Reference number: 709775450
II.1.2) Main CPV code: 50660000
II.1.3) Type of contract Services
II.1.4) Short Description:
PROVISION OF IN-SERVICE SUPPORT FOR CAMERA AND DATA RECORDING SYSTEMS at RAF Spadeadam.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:340000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
This contract supports provision of in-service support for camera and data recording systems at RAF Spadeadam.
Essential to equipment through life management are arrangements to assure safety and provide logistics support. To achieve this DE&S will engage a specialist who will act as the Design Authority (DA) and provide these services. This includes requirements for these services for Camera systems and ancillary items, including assessment, repair, or manufacture of electronic assemblies.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
This contract contains options to place ad hoc tasks for repair and maintenance tasks throughout the duration of the contract.

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: 709775450
Title: ADEWS/120: PROVISION OF IN-SERVICE SUPPORT FOR CAMERA AND DATA RECORDING SYSTEMS

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-02-23
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: CHELTEK LTD
Postal address: Mythe Farm
Town: TEWKESBURY
Postal code: GL20 6EA
Country: United Kingdom
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 informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Air Defence & Electronic Warfare Systems and Windfarms Delivery Team
Postal address: MOD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-02-23

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

No tenders or no suitable tenders/requests to participate in response to:
negotiated procedure with prior publication of a contract notice

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 Equipment & Support, part of the UK Ministry of Defence, intends to award a Single Source Non-Qualifying Defence Contract with Cheltek Limited (“the Contractor”) until Dec 2028 for the delivery of support and maintenance for the camera and data recording systems at RAF Spadeadam.
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 (as required by the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) because the works, supplies or services can be provided only by Cheltek Limited as competition is absent for technical grounds.
This is due to the strict technical impracticality for a supplier other than the chosen supplier to deliver the requirement. In addition, there is the necessity to use specific know-how, tools or means which only Cheltek Limited has at its disposal. Cheltek Limited is the current provider of support and maintenance services and is Engineering Design Authority for Spadeadam’s camera and data recording capability enhancements, and have 20 years’ experience supporting Spadeadam’s unique equipment that will help to mitigate future obsolescence during the equipment’s lifetime to December 2028.