Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-018468/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: Welsh Road, Sealand
Town: Deeside
Country: United Kingdom
Email: DES-DECA-MST-Procurement@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: Fully inclusive support for NewWaveX and Institute of Electrical and Electronic Engineers (IEEE) 1641 and IEEE1671 compliant software tools used by the MOD

Reference number: 711966452
II.1.2) Main CPV code: 72511000
II.1.3) Type of contract Services
II.1.4) Short Description:
Fully inclusive support for NewWaveX and Institute of Electrical and Electronic Engineers (IEEE) 1641 and IEEE1671 compliant software tools used by the MOD.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:680000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 48170000

II.2.3) Place of performance
Nuts code: Main site or place of performance:MOD Sealand

II.2.4) Description of the procurement
Appropriate software support for NewWaveX for a period of 5 years.

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: 711966452
Title: (ACDECA/026) Fully inclusive support for NewWaveX and Institute of Electrical and Electronic Engineers (IEEE) 1641 and IEEE1671 compliant software tools used by the MOD

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-06-14
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: SPHEREA Test & Services Ltd
Postal address: Building 400 Aviation Business Park, Bournemouth International Airport
Town: Christchurch
Postal code: BH23 6NW
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: DE&S Deca
Postal address: Welsh Road, Sealand
Town: Deeside
Postal code: CH5 2LS
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-06-14

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:
Justification For Non-Competitive Decision: DE&S Deca, as part of the UK Ministry of Defence, intends to award a contract with Spherea Test & Services Ltd, for the Perpetual licences and appropriate software support for a period of 3 years firm followed by 2 years fixed . The estimated total contract value is £0.680M VAT Ex for a period of 5 years. It is considered that this contract can be procured using the Negotiated Procedure Without Prior Publication 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) of the DSPCR 2011 f documentation or technical reasons as the services to be provided under the contract can only be supplied by the Contractor, and that therefore, competition is absent. Spherea Test and Services Ltd., as the sole developer and owner of this product, hold the design rights and specific know-how to provide the service and associated licences. Spherea Test and Services Ltd have stated they are not willing to share this information with any 3rd parties within the UK and Europe and are the only supplier capable of providing the required level of support.