Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-021312/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: Deeside
Town: Flintshire
Postal code: CH5 2LS
Country: United Kingdom
Contact Person: Angela Pridding
Email: angela.pridding@deca.mod.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: Provision of Spares and Post Design Services for Headsets
II.1.2) Main CPV code: 35642000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Provision of spares and post design services for headsets continuing on from 700100314
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2160000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
ACDECA/021 Provision of Spares and Post Design Services for Headsets

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
One option year to be considered 6 months prior to contract end. Option year estimated priced

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: 70843950 – ACDECA/021
Title: 70843950 – ACDECA/021 Provision of Spares and Post Design Services for Headsets

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-07-23
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Racal Acoustics Ltd
Postal address: Hailsham. United Kingdom
Town: Hailsham. United Kingdom
Postal code: HA1 4TR
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:
The Defence Electronics & Components Agency (DECA), part of the UK Ministry of Defence, intends to award a contract with Racal Acoustics Limited for the purchase of spares to repair the headsets and provision of Spares Support and Post Design Services for a period of 2 years with the option of 1 priced option year. The estimated total contract value is £2.5M (VAT Inc) for a period of 2 years with 1 priced option year.
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 (as required by the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the DSPCR 2011 for technical reasons. It is believed that the services to be provided under the contract can only be supplied by the Contractor, and that therefore, competition is absent.
Racal Acoustics Limited are the only economic operator that has the technical expertise to manufacture and supply the spares to repair the headsets. Racal headsets are currently used in service, covering various platforms, each platform requires the headsets to be MAA certified for safety reasons and must be repaired and maintained with official Racal parts to conform to the certification requirements
VI.4) Procedures for review
VI.4.1) Review body
Official name: DE&S Deca
Town: Flintshire
Postal code: CH5 2LS
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-07-24

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:
restricted procedure

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)

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:
The Defence Electronics & Components Agency (DECA), part of the UK Ministry of Defence, intends to award a contract with Racal Acoustics Limited for the purchase of spares to repair the headsets and provision of Spares Support and Post Design Services for a period of 2 years with the option of 1 priced option year. The estimated total contract value is £2.5M (VAT inc) for a period of 2 years with 1 priced option year.
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 (as required by the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the DSPCR 2011 for technical reasons. It is believed that the services to be provided under the contract can only be supplied by the Contractor, and that therefore, competition is absent.
Racal Acoustics Limited are the only economic operator that has the technical expertise to manufacture and supply the spares to repair the headsets. Racal headsets are currently used in service, covering various platforms, each platform requires the headsets to be MAA certified for safety reasons and must be repaired and maintained with official Racal parts to conform to the certification requirements.