Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-017668/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: DESComrcl-DCO4@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: Airborne Comms Support
II.1.2) Main CPV code: 50000000
II.1.3) Type of contract Services
II.1.4) Short Description:
The ISR Team, part of the UK Ministry of Defence intends to place a new Contract with Marlborough Communications Limited for the ongoing support and post-design services to airborne communications equipment.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2000000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Secretary of State for Defence (the Authority) intends to cancel the procurement procedure of ISR4/0044 (Communication System Support), currently being run under the DSPCR’s Restricted Procedure, and start a new single source procurement under the DSPCR’s Negotiated Procedure (Without Prior Publication of a Contract Notice). This decision results from receiving insufficient responses to the contract notice to ensure competition. It is considered that this contract can be placed using the Negotiated Procedure Without Prior Publication of a Contract Notice pursuant to Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011 where competition is absent for technical reasons; the Authority received a single response to its DPQQ from Marlborough Communications Limited, and following completion of a subsequent marking exercise, they have been identified as the only supplier that has met the minimum eligibility criteria for the procurement. The estimated Contract Value is £2M

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
Options will be included for a further 3 years of future support.

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: ISR4/0044
Title: Airborne Communications Support

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-06-07
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Marlborough Communications Limited
Town: Surrey
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: Ministry of Defence- ISR DT
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-06-07

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:
restricted procedure

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 Secretary of State for Defence (the Authority) intends to cancel the procurement procedure of ISR4/0044 (Communication System Support), currently being run under the DSPCR’s Restricted Procedure, and start a new single source procurement under the DSPCR’s Negotiated Procedure (Without Prior Publication of a Contract Notice). This decision results from receiving insufficient responses to the contract notice to ensure competition. It is considered that this contract can be placed using the Negotiated Procedure Without Prior Publication of a Contract Notice pursuant to Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011 where competition is absent for technical reasons; the Authority received a single response to its DPQQ from Marlborough Communications Limited, and following completion of a subsequent marking exercise, they have been identified as the only supplier that has met the minimum eligibility criteria for the procurement.