Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-010522/EN)
Nature of contract: Service contract
Procedure: Award of a contract without prior publication
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
Postal address: MOD, Abby Wood, Bristol
Town: Bristol
Country: United Kingdom
Email: thomas.redmore100@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: 12000000

Reference number: 710076450
II.1.2) Main CPV code: 50000000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Communications and Situational Awareness Team (MCS-CSA PT) which is part of the United Kingdom Ministry of Defence (the “Authority”) intends to place a contract with Trident Maritime Systems [UK Limited] (the “Company”) for the In-Service Support, including maintenance, repair and replacement component spares for communications and situational awareness equipment fitted to current [and future*] platforms including but not limited to QEC, LPD, T45, T23, RFA, T26, T31. The term of the proposed contract is envisaged to be five years (with an option for the Authority to extend the contract for an additional two years). The anticipated value of the contract [including options] will be circa £12.5 million (Twelve Million, Five Hundred Thousand Pounds Sterling).
Equipment items included in the scope of the proposed contract are:
i. Improved Approach Lighting (IAL).
ii. Mark 3 Glide Path Indicator (GPI MK3).
iii. Visual Landing Aids (VLA) systems
iv. Legacy Flight Deck Lighting.
v. Electro-Magnetic (EM) and Digital LOG systems.
vi. AGIMET
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 (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 (in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
In respect of GPI Mk3, IAL, AGILOG and AGILOG 2, VLA and AGIMET, these equipment items were all originally supplied in each case as complete systems by AGI Ltd involving either original development or commercial off-the-shelf purchases with subsequent modification by AGI Ltd. As the Authority does not have rights in the relevant information in the systems provided by AGI Ltd sufficient for it to provide to a third party to repair and maintain the equipment it is obliged to contract with the successor business of AGI Ltd, namely TMS UK Ltd. Only TMS UK Ltd as successor business has the expertise and know how and experience necessary to undertake the work and only they can provide the relevant safety cases on which the Authority can reasonably rely and which are sufficient for the Authority to discharge its obligations under relevant Aviation Operating Orders and Defence Standards. Furthermore even if a third party were capable of providing the services TMS UK Ltd is unwilling to licence out the ability to undertake the repairs, maintenance and spares provision to a third party. In addition, in relation to certain equipment (GPI Mk3 and IAL) TMS UK Ltd has developed bespoke testing equipment which only they have at their disposal to carry out the required services.
In respect of the Flight Deck Lighting – there is a prospective minimal spend of between 2K and 10K per annum, which will be sub-contracted to [?????], being the only supplier who has the expertise to undertake the service on this legacy system.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:12000000
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 50000000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Communications and Situational Awareness Team (MCS-CSA PT) which is part of the United Kingdom Ministry of Defence (the “Authority”) intends to place a contract with Trident Maritime Systems [UK Limited] (the “Company”) for the In-Service Support, including maintenance, repair and replacement component spares for communications and situational awareness equipment fitted to current [and future*] platforms including but not limited to QEC, LPD, T45, T23, RFA, T26, T31. The term of the proposed contract is envisaged to be five years (with an option for the Authority to extend the contract for an additional two years). The anticipated value of the contract [including options] will be circa £12.5 million (Twelve Million, Five Hundred Thousand Pounds Sterling).
Equipment items included in the scope of the proposed contract are:
i. Improved Approach Lighting (IAL).
ii. Mark 3 Glide Path Indicator (GPI MK3).
iii. Visual Landing Aids (VLA) systems
iv. Legacy Flight Deck Lighting.
v. Electro-Magnetic (EM) and Digital LOG systems.
vi. AGIMET
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 (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 (in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
In respect of GPI Mk3, IAL, AGILOG and AGILOG 2, VLA and AGIMET, these equipment items were all originally supplied in each case as complete systems by AGI Ltd involving either original development or commercial off-the-shelf purchases with subsequent modification by AGI Ltd. As the Authority does not have rights in the relevant information in the systems provided by AGI Ltd sufficient for it to provide to a third party to repair and maintain the equipment it is obliged to contract with the successor business of AGI Ltd, namely TMS UK Ltd. Only TMS UK Ltd as successor business has the expertise and know how and experience necessary to undertake the work and only they can provide the relevant safety cases on which the Authority can reasonably rely and which are sufficient for the Authority to discharge its obligations under relevant Aviation Operating Orders and Defence Standards. Furthermore even if a third party were capable of providing the services TMS UK Ltd is unwilling to licence out the ability to undertake the repairs, maintenance and spares provision to a third party. In addition, in relation to certain equipment (GPI Mk3 and IAL) TMS UK Ltd has developed bespoke testing equipment which only they have at their disposal to carry out the required services.
In respect of the Flight Deck Lighting – there is a prospective minimal spend of between 2K and 10K per annum, which will be sub-contracted to [?????], being the only supplier who has the expertise to undertake the service on this legacy system.

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
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
(please complete point 2 of the Annex D)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: 710076450
Title: VLA ISS

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-04-02
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: MOD
Town: Bristol
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 informationVI.4) Procedures for review
VI.4.1) Review body
Official name: MOD Abby Wood
Town: Brsitol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-04-02

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The contract has as its object services listed in Annex II B to 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 Communications and Situational Awareness Team (MCS-CSA PT) which is part of the United Kingdom Ministry of Defence (the “Authority”) intends to place a contract with Trident Maritime Systems [UK Limited] (the “Company”) for the In-Service Support, including maintenance, repair and replacement component spares for communications and situational awareness equipment fitted to current [and future*] platforms including but not limited to QEC, LPD, T45, T23, RFA, T26, T31. The term of the proposed contract is envisaged to be five years (with an option for the Authority to extend the contract for an additional two years). The anticipated value of the contract [including options] will be circa £12.5 million (Twelve Million, Five Hundred Thousand Pounds Sterling).
Equipment items included in the scope of the proposed contract are:
i. Improved Approach Lighting (IAL).
ii. Mark 3 Glide Path Indicator (GPI MK3).
iii. Visual Landing Aids (VLA) systems
iv. Legacy Flight Deck Lighting.
v. Electro-Magnetic (EM) and Digital LOG systems.
vi. AGIMET
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 (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 (in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
In respect of GPI Mk3, IAL, AGILOG and AGILOG 2, VLA and AGIMET, these equipment items were all originally supplied in each case as complete systems by AGI Ltd involving either original development or commercial off-the-shelf purchases with subsequent modification by AGI Ltd. As the Authority does not have rights in the relevant information in the systems provided by AGI Ltd sufficient for it to provide to a third party to repair and maintain the equipment it is obliged to contract with the successor business of AGI Ltd, namely TMS UK Ltd. Only TMS UK Ltd as successor business has the expertise and know how and experience necessary to undertake the work and only they can provide the relevant safety cases on which the Authority can reasonably rely and which are sufficient for the Authority to discharge its obligations under relevant Aviation Operating Orders and Defence Standards. Furthermore even if a third party were capable of providing the services TMS UK Ltd is unwilling to licence out the ability to undertake the repairs, maintenance and spares provision to a third party. In addition, in relation to certain equipment (GPI Mk3 and IAL) TMS UK Ltd has developed bespoke testing equipment which only they have at their disposal to carry out the required services.
In respect of the Flight Deck Lighting – there is a prospective minimal spend of between 2K and 10K per annum, which will be sub-contracted to [?????], being the only supplier who has the expertise to undertake the service on this legacy system.