Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-006198/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: SUBMARINE DELIVERY AGENCY, ABBEY WOOD
Town: BRISTOL
Postal code: BS35 8JH
Country: United Kingdom
Contact Person: Samantha Gillett
Telephone: +44 3001657467
Email: samantha.gillett133@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: Nato Submarine Rescue System Third In-Service Support Period Contract Amendment for the relocation of the NSRS assets.
II.1.2) Main CPV code: 75221000
II.1.3) Type of contract Services
II.1.4) Short Description:
JFD Ltd acting as agent for the UK Ministry of Defence is requested to secure a lease for the relocation of the NSRS assets to a suitable commercial building.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:10000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The In-Service Submarines Team, part of the UK Ministry of Defence, intends to award an amendment to the contract with JFD Ltd for the provision of the Nato Submarine Rescue Service (NSRS) to increase its scope to include:
1. Securing a lease on a suitable commercial premises for housing the full Nato Submarine Rescue System (NSRS);
2. Relocating the NSRS assets to the alternative commercial building and;
3. Modifying the alternative commercial building so it is fit for purpose in accordance with the system User Requirements Document.
The duration of this requirement is 4 years with the option of a further 2 + 2 years. The estimated total contract value is not to exceed £10m.
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)(d)(i)(aa) of the DSPCR 2011.
Unforeseen circumstances at the Base Location have required structural surveys to be undertaken which have identified issues within the building fabric. This has resulted in limited access to personnel, affecting the Contractor’s ability to fulfil their contractual requirements to maintain Rescue System readiness.
It is determined that the additional services can only be supplied by JFD Ltd because they cannot be technically or economically separated from the original contract without major inconvenience to the procurer. Technically, the additional services cannot be provided by another supplier because it would cause an intolerable risk to the provision of the core contract services. Scheduling and maintenance requirements need to be factored in to ensure no loss of critical submarine rescue capability during relocation, and the configuration of the equipment at the new location must be optimised to ensure training, maintenance and mobilisation can take place. Mobilisation of the assets already forms a key element of the contract and so JFD Ltd have subcontractor framework agreements in place which will maximise efficiency and minimise cost.
The value of this amendment does not exceed 50% of the original contract value (Regulation 16(5)).
II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
The duration of this requirement is 4 years with the option of a further 2 + 2 years. The estimated total contract value is not to exceed £10m.
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 prior publication(in accordance with Article 32 of Directive 2014/24/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information
Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-02-22
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: JFD Ltd
National registration number: SC123684
Town: Aberdeen
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
Section VI: Complementary informationVI.4) Procedures for review
VI.4.1) Review body
Official name: SDA Commercial
Town: Bristol
Country: United Kingdom
VI.5) Date of dispatch of this notice:
2024-02-27
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 prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
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:
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)(d)(i)(aa) of the DSPCR 2011.
It is believed that the additional services can only be supplied by JFD Ltd because they cannot be technically or economically separated from the original contract without major inconvenience to the procurer. Technically, the additional services cannot be provided by another supplier because it would cause an intolerable risk to the provision of the core contract services. Scheduling and maintenance requirements need to be factored in to ensure no loss of critical submarine rescue capability during relocation, and the configuration of the equipment at the new location must be optimised to ensure training, maintenance and mobilisation can take place. Mobilisation of the assets already forms a key element of the contract and so JFD Ltd have subcontractor framework agreements in place which will maximise efficiency and minimise cost.
