Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-013120/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: Telford
Postal code: TF2 8JT
Country: United Kingdom
Contact Person: IRM Procurement Repair Team
Email: IRMProcurementRepairTeam@babcockinternational.com
Internet address(es):
Main address: www.babcockinternational.com

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: The Repair of Coolant Line Replacement Units and Associated Items

Reference number: IRM22/7624
II.1.2) Main CPV code: 50630000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Ministry of Defence (the Authority), intends to award a contract to Bozeat Industrial Ltd, T/A B.I. Engineering, for the provision of the repair of coolant line replacement units (LRUs) and associated items, for a period of 4 years with the option of a further 3 years. The estimated total contract value is not to exceed £3,770,000.
Please note, 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. If you are interested in becoming a sub-contractor for this requirement, you should apply directly to the supplier named above.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3770000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The repair of coolant line replacement units (LRUs) and associated items, for a period of 4 years with the option of a further 3 years subject to requirement and performance.

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.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
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
Contract No: IRM22/7624
Title: The Repair of Coolant Line Replacement Units and Associated Items

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: Bozeat Industrial Ltd T/A BI Engineering
Postal address: Crane Close, Wellingborough, Northants
Town: Wellingborough
Postal code: NN8 2QG
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
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-04-23

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

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 enotification service (as required by the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the DSPCR 2011 for technical reasons. It is believed that the services to be provided under the contract can only be supplied by the B.I. Engineering who are the original equipment manufacturer of the coolant cores. Only B.I. Engineering has the significant niche expertise and knowledge required, , and they have acquired specific experience in the repair and maintenance of the coolant LRUs. B.I. Engineering Limited hold the rights to the technical data in support of the coolant LRUs, including the baseline test procedures and output specifications to support repair, and the Authority does not hold sufficient rights in the designs to support competition. Furthermore, design and output integrity is required to be maintained in accordance with the OEM specifications due to the interoperability between the coolant LRUs and relevant vehicle power packs. Any deviation away from the original design may result in an increased the risk of power pack failure, affecting the overall performance and operation of the vehicle platforms.
Please note, Babcock Land Defence Limited is acting as agent on behalf of the Ministry of Defence, in the first instance interested parties may contact Babcock with queries relating to this procurement.
In the first instance interested parties who have queries regarding the above procurement should contract IRMProcurementRepairTeam@babcockinternational.com