Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-033947/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
Postal code: BS34 8JH
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: 531533.75
II.1.2) Main CPV code: 72261000
II.1.3) Type of contract Services
II.1.4) Short Description:
Provision of BOSS Software and In-Service Support
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:531533.75
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 35711000
Main CPV code: 72253000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
This procurement is for the in-service software support for 3x BOSS licences held by SACC DT, plus an additional licence

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Additional years support, plus training package.

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/00101
Title: Provision of BOSS Software and In-Service Support

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-11-16
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Tactical Communications Group, LLC.
Town: Tewksbury
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
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-11-16

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:
The Situational Awareness Command and Control Delivery Team (SACC DT), part of the UK Ministry of Defence (the Authority), intends to award a contract to Tactical Communications Group, LLC based in the USA for the provision of Battlefield Operations Support System (BOSS) software and in-service support under the Link 16 Terminal Support Project and Maritime Tactical Data Link Support Unit (MTDLSU). The Contract is for the purchase of 1x Tactical Communications Group (TCG) BOSS software licence including in-service software support, and in-service software support for the 3x BOSS software licences currently in-service. The contract will be awarded for 3 years duration, and the estimated value is £531,533.75 ex VAT.
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 provision of The Defence and Security Public Contracts Regulations (DSPCR) 2011 as amended (in particular by SI 2019/697 and SI 2020/1450). It is considered that the award of the Contract without prior publication of a contract notice in the UK e-notification service (in accordance with the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the DSPCR 2011 for technical reasons.
Simulation support and logic tools provide MTDLSU, part of SACC, the ability to produce data input to and from a nominated Tactical Data Link (TDL) domain, this can either be from a live environment or within a stimulated environment. BOSS a TCG product is considered the only viable solution as this is the only software variant that has the technical breadth and scope to meet MTDSLU demands in one tool to minimise training and future support costs. The required capability that BOSS provides is not available from other tools, specifically the multi capability with VMF (Variable Message Format) radio control (being an important requirement of the Authority) being unique to the BOSS tool which is a key user requirement. This multi-Tactical Data Link capability is present and used by MOD in relation to existing Platforms. The BOSS software is required as it is the only sufficiently stable software available that replicates this functionality and allows MOD to conduct training on this type of data link.
Tactical Communications Group, LLC. is the Original Equipment Manufacturer (OEM) and is the sole owner of the Intellectual Property Rights of the BOSS software. The software support required by TDLSU can only be performed by Tactical Communications Group, LLC as only they hold the technical information, tools and technical expertise required to provide the in-service software support. The support cannot be performed without access to this technical expertise.
The Cyber Risk profile is N/A. The reference for the Risk Assessment is: RAR-843352599