Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2025/S 000-000230/EN)
Nature of contract: Service contract
Procedure: Award of a contract without prior publication
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: Corsham
Country: United Kingdom
Email: ukstratcomdd-cm-fxdnet@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: 712759450 BFSAI – Enhanced Business Broadband Phase 2
II.1.2) Main CPV code: 72400000
II.1.3) Type of contract Services
II.1.4) Short Description:
The requirement is to provide a Business Broadband Service to British Forces South Atlantic Islands (BFSAI) Falkland Islands. It requires both wired and wireless access, with Wi-Fi distribution and interconnects for BFSAI across the Falkland Islands users across a multitude of sites. Welfare broadband is excluded from this requirement.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1602903.30
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Fixed Connectivity within Defence Digital Programme team , part of the UK Ministry of Defence (MOD), intends to award a single source contract for a total of 9 months to Sure South Atlantic Ltd for the provision of a Business Broadband Service to British Forces South Atlantic Islands (BFSAI) Falkland Islands.
This contract will provide a business broadband service via a dedicated international connection with of an aggregated 450Mbps capacity to a multitude of sites to service 1084 users across the Falkland Islands.
As some of the sites require a fast connection and others can tolerate a slower connection, the sites have been prioritised as Priority 1, 2 and 3. Most sites will have mix of wired and wireless connectivity, but some priority sites are wired only.
The core distribution connections for different sites will be achieved by different means such as fibre, DSL, Point-to multipoint (PMP Radio), and via microwave radio. The authentication of these services will be in accordance with the MOD’s JSP policy, and the services will not have any direct connectivity to MOD services.
Welfare broadband is excluded from this requirement.
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. This is for the following reasons.
Only Sure South Atlantic Ltd own and have access to the required mast/relay towers and infrastructure in-situ on the Falkland Islands to deliver these Business Broadband services, meaning they are the only supplier that can meet the MOD’s requirements. For another supplier to attempt to provide this Business Broadband Service would require them to build and install new towers and infrastructure across the Falkland Islands which would result in substantial and disproportionate additional time and cost implications, including an unacceptable capability gap.
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
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
(please complete point 2 of the Annex D)
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: 712759450
Title: Phase 2 Enhanced Business Broadband for Falkland Islands
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2025-01-06
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Sure South Atlantic Ltd
Town: Ross Road, Stanley
Postal code: FIQQ 1ZZ
Country: Falkland Islands (malvinas)
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: Commercial Law Group Government Legal Department
Town: Abbey Wood
Country: United Kingdom
VI.5) Date of dispatch of this notice:
2025-01-06
Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The procurement falls outside the scope of application of the directive
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:
Please refer to VTN description.