Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-005259/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: joanna.beard290@mod.gov.uk
Internet address(es):
Main address: www.contracts.mod.uk

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: 710813450 – Provision of RAFAT Information Management System
II.1.2) Main CPV code: 72000000
II.1.3) Type of contract Services
II.1.4) Short Description:
The UK Military Flight Training Systems Hawk Delivery Team, which is part of the UK Ministry of Defence (MOD) proposes to place a contract with tlmNexus for the provision of the Royal Air Force Aerobatics Team Information Management System (RIMS). The term of the proposed contract is 3 years with options to extend until the TMk1 OSD. The requirement has an estimated value of £3M.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:3000000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The UK Military Flight Training Systems Hawk Delivery Team, which is part of the UK Ministry of Defence (MOD) proposes to place a contract with tlmNexus for the provision of the Royal Air Force Aerobatics Team Information Management System (RIMS). The term of the proposed contract is 3 years with options to extend until the TMk1 OSD. The requirement has an estimated value of £3M.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. This is because tlmNexus as the Original Equipment Manufacturer, are the only entity that has the required technical knowledge, know-how, relevant expertise and ability to support the current IMS. Transfer of the solution to a new contractor and hence a different technical solution would present an unacceptable airworthiness and operational risk. In addition, this poses a Human Factors safety implication expecting RAFAT personnel to transfer to yet another IMS. This is considered a significant safety risk that is not acceptable to the Authority. tlmNexus hold proprietary information and documentation for RIMS which the UK MoD do not have rights of access to and which would be necessary in order to meet the requirement.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Potential options to extend to T1 OSD. Estimated value incorporates contractual cover until 31st March 2030.

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:2024-02-16
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: tlmNexus Ltd
Town: Brighton
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: Hawk Delivery Team, UK Military Flying Training System
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-02-16

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

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 UK Military Flight Training Systems Hawk Delivery Team, which is part of the UK Ministry of Defence (MOD) proposes to place a contract with tlmNexus for the provision of the Royal Air Force Aerobatics Team Information Management System (RIMS). The term of the proposed contract is 3 years with options to extend until the TMk1 OSD. The requirement has an estimated value of £3M.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. This is because tlmNexus as the Original Equipment Manufacturer, are the only entity that has the required technical knowledge, know-how, relevant expertise and ability to support the current IMS. Transfer of the solution to a new contractor and hence a different technical solution would present an unacceptable airworthiness and operational risk. In addition, this poses a Human Factors safety implication expecting RAFAT personnel to transfer to yet another IMS. This is considered a significant safety risk that is not acceptable to the Authority. tlmNexus hold proprietary information and documentation for RIMS which the UK MoD do not have rights of access to and which would be necessary in order to meet the requirement.