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Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-012178/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
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom
Contact Person: Jonathan Bamford
Telephone: +44 1952967270
Email: jonathan.bamford@babcockinternational.com
Internet address(es):
Main address: www.contracts.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: The Repair of TR2000 Winches and Ancillary Equipment Support

Reference number: IRM16/1263
II.1.2) Main CPV code: 50116000
II.1.3) Type of contract Services
II.1.4) Short Description:
Babcock Land Defence Ltd, acting as the UK Ministry of Defence’s agent, intends to negotiate a single source contract with EKA Limited for the Repair of the TR2000 Winch and Ancillary Equipment.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:389000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: Main site or place of performance:Unit 3, Foundry Place, Old Tiffield Road, Towcester, NN12 6FP, United Kingdom

II.2.4) Description of the procurement
The Authority intends to place a 6 month contract with EKA Limited for the repair of the TR2000 Winch and Ancillary equipment on the understanding that there are no other economic operators with the intellectual property rights and/or technical know-how to fulfil the requirement.
The Authority will use the negotiated procedure without prior publication pursuant to Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011.
This VEAT is in addition to VEAT notice 2021/S 000-025643 and is intended to retain contract coverage while negotiations are completed on the enduring Qualifying Defence Contract referenced therein.
This notice is not a request for expressions of interest, so please do not apply to be invited to tender. This notice advises that Babcock Land Defence Ltd, acting as agent on behalf of the UK Ministry of Defence, is to negotiate a single source contract with the named supplier, and this notice is published for reasons of transparency only.

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.1.3) 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: no
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: IRM16/1263
Title: The Repair of TR2000 winches and Ancillary Equipment Support

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-05-10
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: EKA Limited
National registration number: 01402687
Postal address: Unit 3, Foundry Place
Town: Towcester
Postal code: NN12 6FP
Country: United Kingdom
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: Babcock Land Defence
Town: Telford
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-05-10

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:
Babcock Land Defence Ltd, acting as the UK Ministry of Defence’s agent, intends to negotiate a single source contract with EKA Limited for the Repair of the TR2000 Winch and Ancillary Equipment.
The Authority will use the negotiated procedure without prior publication pursuant to Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011.
The TR2000 Winch and its Ancillary components are manufactured by Rotzler Deutschland GmbH & Co KG who have confirmed in writing that EKA Limited are the Sole Company whom Rotzler does business with for the maintenance & support of this equipment. Rotzler has also confirmed that they have not, and are not planning to licence any IPR relating to the TR2000 winch or ancillary equipment to any third party.
The Authority intends to place a 6 month contract with EKA Limited for the repair of the TR2000 Winch and Ancillary equipment on the understanding that there are no other economic operators with the intellectual property rights and/or technical know-how to fulfil the requirement.
This VEAT is in addition to VEAT notice 2021/S 000-025643 and is intended to retain contract coverage while negotiations are completed on the enduring Qualifying Defence Contract referenced therein.
This notice is not a request for expressions of interest, so please do not apply to be invited to tender. This notice advises that Babcock Land Defence Ltd, acting as agent on behalf of the UK Ministry of Defence, is to negotiate a single source contract with the named supplier, and this notice is published for reasons of transparency only.

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