Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-024763/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: Bristol
Country: United Kingdom
Email: emma.oakes101@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: SACC/00095 – Provision of MIDS BU2 In-Service Support and I-Level Repair for Typhoon
II.1.2) Main CPV code: 50660000
II.1.3) Type of contract Services
II.1.4) Short Description:
SACC/00095 – Provision of MIDS BU2 In-Service Support and I-Level Repair for Typhoon
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:4500000
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 50660000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Service Works

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: SACC/00095
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-08-01
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Data Link Solutions, LLC
Town: New Jersey
Country: United States
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: Situational Awareness Command and Control Delivery Team (SACC DT)
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-08-23

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
New works/services , constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in
the directive

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:
VTN Notice – SACC/00095
The Situational Awareness Command and Control (SACC) Team, part of the UK Ministry of Defence (the Authority), intends to award a contract for the provision of In-Service Support and I-Level Repair for MIDS BU2 Terminals in the UK with Data Link Solutions LLC (the Contractor) for 3 years. The estimated value is £4.5m ex VAT.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement shall be regulated under the provisions of the Defence and Security Public Contracts Regulations (DSPCR) 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 as the Contractor owns the relevant technical information relating to the equipment and only the Contractor has the required technical expertise and know-how necessary to fulfil the requirement.
The Contractor is the Original Equipment Manufacturer (OEM) of the MIDS BU2 Tactical Data Link Terminals and supporting equipment, all of which are complex electronic units, containing both programmable (software) and cryptographic devices. The service required by the Authority (repair, maintenance, and modification) can only be performed by the Contractor because they own and hold the technical information, tools and technical expertise necessary to perform the service and meet the Authority’s requirement. The contract cannot be performed without access to that technical information and, no licences have been granted to any party, including the Authority, to obtain the drawings, specifications, etc. for the Link 16 Tactical Data Link Terminals. The Authority does not have the right to provide to third parties the relevant technological information and documentation required to fulfil this requirement. As such Data Link Solutions, LLC is the only Contractor capable of providing the required support and repairs to the MIDS BU2 Tactical Data Link Terminals in order to meet the Authority’s requirement.
The Cyber Risk profile is Low. The reference for the RAR is: 581855598