Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2022/S 000-032948/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: Glasgow
Postal code: G2 8EX
Country: United Kingdom
Email: stephen.armour100@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: 750000.00
II.1.2) Main CPV code: 73410000
II.1.3) Type of contract Services
II.1.4) Short Description:
Notice of publication of transparency for Counter Terrorist Measure Trials.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:750000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The MOD is at risk from terrorist and other adversarial organizations. Counter Terrorist Measures (CTM) are part of the way the department discharges its ‘Duty of Care’ to its employees under the Health & Safety at Work Act. The MOD has an enduring requirement to provide ‘reasonable and practicable’ (HSW definition) levels of protection to building occupants in the context of CTM.
Over the last two decades, the construction industry has continuously strived to reduce both build times and cost. This has primarily been driven by commercial considerations and has resulted in construction becoming progressively ‘lighter’ in terms of its strength and mass (weight) and this has negatively impacted on the MOD’s ability to provide ‘reasonable & practicable’ levels of protection to building occupants in the context of CTM.
In support of this, DIO intends to conduct a series of blast trials related to explosive ordnance disposal (EOD). These blast activities will explore the impact of emerging trends in construction such as modern methods of construction, ‘modular’ construction, and Steel Framing Solutions (SFS) cladding systems. The blast trials will provide the DIO with an understanding the effects explosives and improvised explosive devices can have on buildings or their components when placed within them or in close proximity. These blast activities have the common characteristics of being sensitive in nature, potentially hazardous if not carefully planned and executed, in most cases unprecedented and large in scale, involve significant quantities of explosives and require a suite of specialized and sophisticated instrumentation to measure the effects. The output of the blast trials will be used by the DIO to update the CTM Policy to be aligned with modern methods of construction in terms of the use of ‘modular’ construction and SFS cladding systems.

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: 705838453
Title: S&P Counter Terrorist Measure Trials

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2022-11-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: GL industrial Services UK LTD
Town: Loughborough
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: London
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2022-11-21

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 contract concerns research and development services other than those referred to in Article 13 of
Directive 2009/81/EC(for services and supplies only)

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:
DIO, part of the UK Ministry of Defence (“the Authority”), intends to award a 2-year (plus 1 year extension) Call-Off Contract with a value of £900,000GBP incl. of VAT to DNV Services UK Limited for the provision of conducting a series of blast trials related to Explosive Ordnance Disposal (EOD).
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 is lawful in accordance with Regulation 16(1)(a)(ii) technical reasons and Regulation 16(1)(c) research and development services grounds as set out in the Defence and Security Public Contracts Regulations 2011.
This is because DNV Services UK Limited has the unique capability and presence in the UK in having a current track record of delivering work across the full combination of technical and hazard areas at one trial site, as necessary to deliver this requirement. Additionally, the purpose of the requirement is for research and development, which will provide the DIO with an understanding of the effects explosives and improvised explosive devices can have on buildings or their components