Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2021/S 000-029508/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: Defence Equipment & Support, Abbey Wood 
Town: Bristol
Country: United Kingdom
Contact Person: Chris Bartlett
Email: christopher.bartlett107@mod.gov.uk
Internet address(es):
Main address: www.des.mod.uk 

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: Radar Data Replicator
II.1.2) Main CPV code: 35722000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The Joint Sensors and Engagement Networks Delivery Team (JSENS DT), part of the UK Ministry of Defence (MOD), intends to place a contract with IBM UK Limited (the Contractor) for the support of the Radar Data Replicator (RDR) equipment that will enable the UK’s Ground Based Air Defence (GBAD) system, to access and receive radar plot and strobe data from primary Air Defence Radars without impacting the IBM delivered Command and Control System (CCS) which is the primary user of these data feeds.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:800000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Radar Data Replicator (RDR) equipment will enable the UK’s Ground Based Air Defence (GBAD) system, to access and receive radar plot and strobe data from primary Air Defence Radars without impacting the IBM delivered Command and Control System (CCS) which is the primary user of these data feeds.

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
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2021-11-26
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: IBM United Kingdom Ltd
Town: Portsmouth
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 information
VI.3) Additional information:
It is considered that this requirement can be awarded using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011) for technical reasons.
The Contractor is the only entity able to safely deliver this requirement. Using a different supplier to support the above equipment will introduce an intolerable level of safety risk directly to the IBM Command and Control System (CCS) Safety Case and also to the overarching ASACS (Air Surveillance and control system ) System Safety Case. The Contractor is the MOD Safety Case holder and will be required to consider and sign off hazards and risks introduced by this system at their external interface as the capability will be required to physically connect directly to the IBM CCS in addition to the GBAD system. In addition, the capability will form part of the wider ASACS System, and so it’s safety case will also need to form part of the overarching ASACS system safety case. Both the CCS and ASACS safety cases must follow the mandated policy and guidance of the Military Aviation Authority (MAA) Regulatory Articles and will be audited for compliance with these regulations by the MAA.
In order to retain the security integrity of the end to end data provided to the MOD Command and Control System, it is technically impractical for anyone other than the Contractor to provide this requirement. Any alternative supplier would lead to an unacceptable level of security accreditation risk being placed on this assured data service within the ASACS system.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence
Postal address: Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2021-11-26

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

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:
It is considered that this requirement can be awarded using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011) for technical reasons.
The Contractor is the only entity able to safely deliver this requirement. Using a different supplier to support the above equipment will introduce an intolerable level of safety risk directly to the IBM Command and Control System (CCS) Safety Case and also to the overarching ASACS (Air Surveillance and control system ) System Safety Case. The Contractor is the MOD Safety Case holder and will be required to consider and sign off hazards and risks introduced by this system at their external interface as the capability will be required to physically connect directly to the IBM CCS in addition to the GBAD system. In addition, the capability will form part of the wider ASACS System, and so it’s safety case will also need to form part of the overarching ASACS system safety case. Both the CCS and ASACS safety cases must follow the mandated policy and guidance of the Military Aviation Authority (MAA) Regulatory Articles and will be audited for compliance with these regulations by the MAA.
In order to retain the security integrity of the end to end data provided to the MOD Command and Control System, it is technically impractical for anyone other than the Contractor to provide this requirement. Any alternative supplier would lead to an unacceptable level of security accreditation risk being placed on this assured data service within the ASACS system.