Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-027257/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
Town: Portsmouth
Country: United Kingdom
Email: Hannah.Streatfield100@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:
II.1.2) Main CPV code: 35512400
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The Royal Navy, part of the UK Ministry of Defence, intends to award a 5 year contract with a value of £478,000.00 to Atlantas Marine Ltd for purchase and support of a Remotely Operated Vehicle (ROV) VideoRay Specialist Defender System. In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) as amended (in particular by SI 2020/1319). Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate.
It is considered that this contract can be awarded using the Negotiated Procedure without Prior Publication of a Contract Notice pursuant to Regulations 16(1)(a)(ii) and 16(1)(b)(i) of the Defence and Security Public Contracts Regulations 2011 for technical reasons and additional supply reasons respectively.
Atlantas Marine Ltd is the only authorised UK supplier of the Videoray Defender ROV which in turn is the only ROV on the market that meets both the Royal Navy specification and is interoperable with existing MOD owned modular systems whose design is owned by VideoRay LLC. Other systems would not be compatible with the units already in service with the Royal Naby and would result in incompatibility between the UK MOD’s existing ROVs and/or disproportionate technical difficulties in the operation or maintenance of the existing ROVs.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:478000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Royal Navy, part of the UK Ministry of Defence, intends to award a 5 year contract with a value of £478,000.00 to Atlantas Marine Ltd for purchase and support of a Remotely Operated Vehicle (ROV) VideoRay Specialist Defender System.

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
Contract No: 705355450
Title: Defender ROV

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-09-28
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Atlantas Marine Limited
National registration number: 04109813
Town: Yeovil
Postal code: BA22 8RL
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
Town: Portsmouth
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-09-28

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:
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 contract can be awarded using the Negotiated Procedure without Prior Publication of a Contract Notice pursuant to Regulations 16(1)(a)(ii) and 16(1)(b)(i) of the Defence and Security Public Contracts Regulations 2011 for technical reasons and additional supply reasons respectively.
Atlantas Marine Ltd is the only authorised UK supplier of the Videoray Defender ROV which in turn is the only ROV on the market that meets both the Royal Navy specification and is interoperable with existing MOD owned modular systems whose design is owned by VideoRay LLC. Other systems would not be compatible with the units already in service with the Royal Naby and would result in incompatibility between the UK MOD’s existing ROVs and/or disproportionate technical difficulties in the operation or maintenance of the existing ROVs.