Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-037076/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: Bristol
Country: United Kingdom
Email: thomas.rooney103@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: LSMS014 – Supply of Furniture
II.1.2) Main CPV code: 39100000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Supply of Furniture for HM Ships and Submarines.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:6000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The supply of Furniture for HM Ships and Submarines.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
One Additional Option Year.

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
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-12-15
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Ministry of Defence
Town: Bristol
Country: United Kingdom
Nuts code:
The contractor is an SME: yes

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: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-12-18

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

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:
The Maritime Spares Delivery Team (MS), part of the UK Ministry of Defence (the “Authority”), intends to award a contract to Varivane Industries Limited for the provision of Supply and Support of Furniture exclusively for use on board HM Ships and Submarines for a period of 2 years from February 2024. The estimated contract value is circa £6M 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 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. Varivane Industries Limited, has the specific know-how, tools and means access to codified drawings to provide this requirement and are the only supplier who have the tooling and expertise to be able to fulfil the contract. The Authority does not have access to the proprietary information, technical drawings and specifications for the articles necessary to carry out or compete this requirement as Varivane has not licensed out any of the necessary information to a third party.