Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-038932/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable
Voluntary ex ante transparency notice
Supplies
Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Postal address: Building B15, MoD Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom
Contact Person: David Farnham
Telephone: +44 1952967419
Email: David.Farnham@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 Supply of Heavy Armoured Vehicle Track and Associated Items
II.1.2) Main CPV code: 35400000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The Defence Equipment & Support Land Equipment Vehicle Support Team (VST), part of the UK Ministry of Defence, intends to award a single source framework contract to Cook Defence Systems (CDS) for the provision of track for the VST managed Armoured Fighting Vehicle fleet for a period of 2 years with the option to extend for a further year (one-year option). Please note, Babcock Land Defence Limited (BLDL) is acting as agent on behalf of the Ministry of Defence.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:125000000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35410000
Main CPV code: 35411000
Main CPV code: 35411100
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Defence Equipment & Support Land Equipment Vehicle Support Team (VST), part of the UK Ministry of Defence, intends to award a single source framework contract to Cook Defence Systems (CDS) for the provision of track for the VST managed Armoured Fighting Vehicle fleet for a period of 2 years with the option to extend for a further year (one-year option). This contract will provide Track for armoured platforms including Bulldog, Challenger 2 and 3, Challenger Armoured Repair and Recovery Vehicle (CRARRV), Challenger Driver Training Tank (DTT), Titan, Trojan, Terrier and Warrior. The estimated total contract value (including option years) is not expected to exceed £125M.
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 for technical reasons and regulation 16(1)(b)(i)(bb) relating to operation and maintenance. It is believed that the services to be provided under the contract can only be supplied by the CDS because CDS is the Original Equipment Manufacturer (OEM) and Design Authority (DA) for these platforms tracks and as such have a detailed understanding of the inherent design of each vehicles track system, understand the implications on the safe operability of the vehicles from any proposed design changes to the parent platform and has developed the necessary relationships with the parent platform’s DA’s. The Authority is unable to procure a differing track product due to the disproportionate cost and significant logistical and technical burden a mixed configuration of track components would have on the Front Line Command (FLC).
The Authority would need to ensure that FLC are trained in the installation and maintenance of two different types of track and the Authority will need to sufficiently procure two different sets of track under separate contracts to ensure sufficient spares for both types are available. Additionally, there is a significant logistical burden on the FLC whereby they will have to ensure sufficient load carrying capability is available to transit two different types of track to support deployed Operational and Training fleets. Technical risk is created whereby maintainers may inadvertently cross-contaminate track from the differing types, invalidating the Safety Case for that platform. All of this creates an unacceptable operational risk and the Authority does not intend to procure a sufficient number of track components to enact a whole-fleet replacement to eliminate the risk of a mixed configuration.
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.
Please note, Babcock Land Defence Limited (BLDL) 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
CPV Codes: 35410000, 35411000, 35411100
Contract name: IRM24/7680
Risk Assessment Ref: RAR-240724B04
Cyber Risk Profile: N/A
II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
2 Years Plus 1 Option Year
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: IRM24/7680
Lot No: 1
Title: The Supply of Heavy Armoured Vehicle Track and Associated Items
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-11-22
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Cook Defence Systems Ltd
Postal address: Stanhope, County Durham
Town: Stanhope
Postal code: DL13 2YR
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: Ministry of Defence
Postal address: Building B15, MoD Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom
E-mail: David.Farnham@babcockinternational.com
VI.5) Date of dispatch of this notice:
2024-12-03
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:
protection of exclusive rights, including intellectual property rights
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:
The Defence Equipment & Support Land Equipment Vehicle Support Team (VST), part of the UK Ministry of Defence, intends to award a single source framework contract to Cook Defence Systems (CDS) for the provision of track for the VST managed Armoured Fighting Vehicle fleet for a period of 2 years with the option to extend for a further year (one-year option). This contract will provide Track for armoured platforms including Bulldog, Challenger 2 and 3, Challenger Armoured Repair and Recovery Vehicle (CRARRV), Challenger Driver Training Tank (DTT), Titan, Trojan, Terrier and Warrior. The estimated total contract value (including option years) is not expected to exceed £125M.
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 for technical reasons and regulation 16(1)(b)(i)(bb) relating to operation and maintenance. It is believed that the services to be provided under the contract can only be supplied by the CDS because CDS is the Original Equipment Manufacturer (OEM) and Design Authority (DA) for these platforms tracks and as such have a detailed understanding of the inherent design of each vehicles track system, understand the implications on the safe operability of the vehicles from any proposed design changes to the parent platform and has developed the necessary relationships with the parent platform’s DA’s. The Authority is unable to procure a differing track product due to the disproportionate cost and significant logistical and technical burden a mixed configuration of track components would have on the Front Line Command (FLC).
The Authority would need to ensure that FLC are trained in the installation and maintenance of two different types of track and the Authority will need to sufficiently procure two different sets of track under separate contracts to ensure sufficient spares for both types are available. Additionally, there is a significant logistical burden on the FLC whereby they will have to ensure sufficient load carrying capability is available to transit two different types of track to support deployed Operational and Training fleets. Technical risk is created whereby maintainers may inadvertently cross-contaminate track from the differing types, invalidating the Safety Case for that platform. All of this creates an unacceptable operational risk and the Authority does not intend to procure a sufficient number of track components to enact a whole-fleet replacement to eliminate the risk of a mixed configuration.
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.
Please note, Babcock Land Defence Limited (BLDL) 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.