Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2021/S 000-002892/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Regulation of procurement: Not applicable
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: #3016, MOD Abbey Wood South, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Myles Holliday
Telephone: +44 3067989349
Email: myles.holliday104@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: Type 31 Mode 5 IFF
II.1.2) Main CPV code: 32531000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Type 31 (T31) project team within Ship Acquisition, which is part of the UK Ministry of Defence (MOD) has a requirement to procure Mode 5 Identification Friend-or-Foe (IFF) for five Type 31 frigates.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3000000
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35511200
Main CPV code: 32531000

II.2.3) Place of performance
Nuts code: UKK11 Main site or place of performance:Bristol, City of

II.2.4) Description of the procurement
The MODE 5 Identification Friend-or-Foe system will form a critical sub-system of the T31 frigates, enabling secure communication with other Royal Navy and UK military platforms, as well as platforms operated by allies.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
The Authority may negotiate options for the supply of additional equipment to satisfy future ship building demands, e.g. spares

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: SHIPACQ216
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2021-02-10
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Leonardo MW Ltd
National registration number: 02426132
Postal address: Sigma House, Christopher Martin Road
Town: Basildon
Postal code: SS14 3EL
Country: United Kingdom
Telephone: +44 1268823400
Email: Andrew.Collingham01@leonardocompany.com
Nuts code: UKK11
Internet address:
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

Section VI: Complementary information
VI.3) Additional information:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU:- This contract opportunity is published in the Official Journal of the European Union (OJEU),the MoD Defence Contracts Bulletin and www.dcocontracts.mod.uk GO Reference: GO-2021212-DCB-17785549
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence
Postal address: #3016, MOD Abbey Wood South, Stoke Gifford
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067989349
E-mail: myles.holliday104@mod.gov.uk

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence
Town: Bristol
Country: United Kingdom
Telephone: +44 3067989349
E-mail: myles.holliday104@mod.gov.uk

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence
Town: Bristol
Country: United Kingdom
Telephone: +44 3067989349
E-mail: myles.holliday104@mod.gov.uk

VI.5) Date of dispatch of this notice:
2021-02-12

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
Additional deliveries by the original supplier ordered under the strict conditions stated in 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:
Ship Acquisition, which is part of the UK Ministry of Defence (MOD), proposes to place a contract with Leonardo MW Ltd (Company Registration Number 02426132) (“the Company”) for the provision of five (5) Mk XIIAS Mode 5 Identification Friend-or-Foe System (“the System”) to be integrated onto the Type 31 frigates. The System comprises the following: M428 Compact Transponder, M910 Mk.2 Transponder Remote Control Unit, MSSR 2000ID Interrogator, SIT2010 Crypto Unit and IFF Ancillary Equipment associated with Transponder/Interrogator installation, along with technical information (“the Goods”). The Contract will also include an ability for the UK MOD to obtain technical support from the Company for the integration of the System onto the Type 31 frigate (“the Services”) if required in the future.
The contract has an estimated value of £2M – £3M (two to three million pounds) at the time of contract placement and a duration of seven (7) years.
It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(3)(a) of Directive 2009/81/EC (Regulation 16(1)(b)(i) of the Defence and Security Public Contracts Regulations 2011). Procuring the System and Goods from a manufacturer other than the Company would mean the MOD would acquire goods that have different technical characteristics to existing goods that are already in operation across wider MoD platforms. Operating goods with different technical characteristics simultaneously across multiple Type 31 and UK MOD platforms would cause disproportionate technical difficulties in the operation and maintenance of the existing goods. In particular, causing safety and operational user risk to arise, particularly with regards to the Cryptographic elements of the systems. Whilst the proposed contract term and other contracts held by the UK MOD with the Company with substantially the same purpose exceed five (5) years in duration there is a requirement that all Systems, Goods and Services remain the same across MOD platforms that are already in operation and all Type 31 frigates for operational purposes. The proposed build programme for the Type 31 frigates will exceed five (5) years, and therefore in accordance with paragraph (3) of Regulation 16 of the Defence and Security Public Contracts Regulations 2011 exceptional circumstances exist which justify the placement of a contract with the Company of the specified duration. This will ensure that all Type 31 frigates will receive the same Systems and Goods and the Company is able to provide the necessary Services to integrate the Systems and Goods as the Type 31 frigates are built.