Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-011586/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: Andover
Postal code: SP118HJ
Country: United Kingdom
Email: lucy.matthews153@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: Provision of Electronic Supply Area (ESA) and Asset-Tracking Cloud Based Software

Reference number: 711439450
II.1.2) Main CPV code: 72210000
II.1.3) Type of contract Services
II.1.4) Short Description:
• Implementation of a cloud-hosted platform for asset and item tracking.
• Production of a report to support critical work to the development of robust, informed User Requirements to support Army requirements.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:151399.50
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
• Implementation of a cloud-hosted platform for asset and item tracking.
• Production of a report to support critical work to the development of robust, informed User Requirements to support Army requirements.
1. The Secretary of State for Defence intends to enter a contract with Smarter Technologies Trading Limited for the procurement of the implementation of a cloud-based asset and item tracking system and a report relating to the outputs and outcomes of its use in Exercise Linotyper.
2. It is considered that this contract can be placed with Smarter Technologies Trading Limited pursuant to Regulation 7(1)(l) of the Defence and Security Public Contract Regulations, justified by the following:
i. This is a contract for services which fall within the DSPCR Regulation 3 definition of Research and Development: ‘all activities comprising fundamental research, applied research and experimental development’. Specifically, it constitutes experimental development, defined by DSPCR Regulation 3 as ‘work based on existing knowledge obtained from research or practical experience with a view to initiating the manufacture of new materials, products or devices, establishing new processes, systems and services or considerably improving those that already exist and includes the realisation of technological demonstrators’.
ii. The MOD will fully fund this Research and Development activity. The ownership of the Intellectual Property Rights in the results will remain with the contractor, and under DEFCON 705, the MOD will acquire user rights of the Research and Development activity.

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: 711439450
Title: Provision of Electronic Supply Area (ESA) and Asset-Tracking Cloud Based Software

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-04-10
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Smarter Technologies Trading Limited
Postal address: 1 Austin Park, Yeoman Road, Ringwood
Town: Hampshire
Postal code: BH24 3FG
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: Ministry of Defence
Postal address: Whitehall
Town: London
Postal code: SW1A 2HB
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-04-10

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 contract concerns research and development services other than those referred to in Article 13 of
Directive 2009/81/EC(for services and supplies only)

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)

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:
1. The Secretary of State for Defence intends to enter a contract with Smarter Technologies Trading Limited for the procurement of the implementation of a cloud-based asset and item tracking system and a report relating to the outputs and outcomes of its use in Exercise Linotyper.
2. It is considered that this contract can be placed with Smarter Technologies Trading Limited pursuant to Regulation 7(1)(l) of the Defence and Security Public Contract Regulations, justified by the following:
i. This is a contract for services which fall within the DSPCR Regulation 3 definition of Research and Development: ‘all activities comprising fundamental research, applied research and experimental development’. Specifically, it constitutes experimental development, defined by DSPCR Regulation 3 as ‘work based on existing knowledge obtained from research or practical experience with a view to initiating the manufacture of new materials, products or devices, establishing new processes, systems and services or considerably improving those that already exist and includes the realisation of technological demonstrators’.
ii. The MOD will fully fund this Research and Development activity. The ownership of the Intellectual Property Rights in the results will remain with the contractor, and under DEFCON 705, the MOD will acquire user rights of the Research and Development activity.