Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-014368/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: Bristol
Country: United Kingdom
Email: mollie.crossfield100@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: Voluntary Transparency Notice (VTN) for Spirent Simulator Support
II.1.2) Main CPV code: 71356300
II.1.3) Type of contract Services
II.1.4) Short Description:
Under the requirements of the Position, Navigation and Timing (PNT) Project Office (PO), the testing of Global Positioning Systems (GPS) and Global Navigation Satellite Systems (GNSS)to support MoD programmes from research through to in-service performance assessment and system/equipment troubleshooting, is conducted using an existing suite of Spirent Simulators. UK PNT PO has two Spirent GNSS simulator systems, each providing a variety of testing capabilities/scenarios; a 9000-series and a 7000-series. Both simulators have beensupported by Spirent under a maintenance & support contract (Contract Number: 700421366) which expired on 31st March 2024. The Defence Equipment & Support (DE&S) Space Delivery Team, part of the UK Ministry of Defence (MoD), intends to award a follow-on four-year contract to Spirent Communications Plc (“Spirent”) for the support & maintenance of Spirent Simulators (including the support of the SimINERTIAL software that is required for these simulators) owned by the Space Delivery Team. DE&S have acquired an additional 2 Spirent Simulators since the previous contract,
these simulators will also be added to the new contract. Support to these additional
simulators will be included as options and can be invoked at any point.
Justification For Non-Competitive Decision:
Spirent Communications Plc are the Originial Equipment Manufacturer (OEM) for all (hardware and software) component parts of the simulators in question and therefore have all the technical know-how associated with the design, manufacture and support of the Spirent simulator product line, required to support and maintain the equipment and associated software. In addition, the software source code included in the hardware is Spirent copyright and confidential material, and as such cannot be support by another contractor.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:390164
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Defence Equipment & Support (DE&S) Space Delivery Team, part of the UK Ministry of Defence (MoD), intends to award a follow-on four-year contract to Spirent Communications Plc (“Spirent”) for the support & maintenance of Spirent Simulators (including the support of the SimINERTIAL software that is required for these simulators) owned by the Space Delivery Team. DE&S have acquired an additional 2 Spirent Simulators since the previous contract, these simulators will also be added to the new contract. Support to these additional simulators will be included as options and can be invoked at any point.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
DE&S have acquired an additional 2 Spirent Simulators since the previous contract, these simulators will also be added to the new contract. Support to these additional simulators will be included as options and can be invoked at any point.

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
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-05-03
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Spirent Communications
Town: Paignton
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
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: Defence Equipment & Support
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-05-03

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:
Spirent Communications Plc are the Original Equipment Manufacturer (OEM) for all (hardware and software) component parts of the simulators in question and therefore have all the technical know-how associated with the design, manufacture and support of the Spirent simulator product line, required to support and maintain the equipment and associated software. In addition, the software source code included in the hardware is Spirent copyright and confidential material, and as such cannot be support by another contractor.
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)(b)(ii) of the DSPCR 2011 for technical reasons. Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate.