Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2016/S 226-412818/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services
Directive 2009/81/EC

Directive 2009/81/EC

Section I: Contracting authority
I.1) Name and addresses
Official name: Puma2 Gazelle Project Team
Postal address: #1037, Yew 0a, MoD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Email: DESP2G-Comrcl2b@mod.uk
Nuts code: 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: DNVG Support.

Reference number: P2G/0460
II.1.2) Main CPV code: 50212000
II.1.3) Type of contract Services
II.1.4) Short Description:
The addition of the Merlin Platform to P2G/0460 for the Repair and Spares support for Display Night Vision Goggles 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:840717
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKJ14 Main site or place of performance:Oxfordshire.

II.2.4) Description of the procurement
The addition of the Merlin platform for Repair and Spares support to Display Night Vision Goggles equipment.

II.2.5) Award criteria
The most economically advantageous tender in terms of Criterion: No Acceptable Price No Contract /Weighting: 100

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
Negotiated procedure without publication of a contract notice(in accordance with Article 28 of Directive 2009/81/EU)
IV.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
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: P2G/0460
Title: DNVG Support

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2016-11-17
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Ferranti Technologies Ltd
Postal address: Cairo House
Town: Oldham
Postal code: OL43JA
Country: United Kingdom
Nuts code: UKD3
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Initial estimated total value of the contract/lot/concession: 840718
Total value of the contract/lot/concession:840718
Currency:GBP
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

Section VI: Complementary information
VI.3) Additional information:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU:- This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-20161122-DCB-9147754.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Puma2 Gazelle Project Team
Postal address: #1037, Yew 0a, MoD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: DESP2G-Comrcl2b@mod.uk

VI.4.2) Body responsible for mediation procedures
Official name: Puma2 Gazelle Project Team
Postal address: #1037, Yew 0a, MoD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Puma2 Gazelle Project Team
Postal address: #1037, Yew 0a, MoD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2016-11-22

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 works, supplies or services can be provided only by a particular economic operator for the following reason:
protection of exclusive rights, including intellectual property rights

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 Puma2 Gazelle Project Team (P2G PT) (on behalf of P2G PT, Lynx PT and Merlin PT), part of the UK Ministry of Defence, has placed a contract with Ferranti Technologies Limited (FTL) for support to Display Night Vision Goggles on the Puma and Lynx, the Authority intends to add the Merlin platform up to 31.3.2018 with a further option year at an estimated total contract value of 1 050 896 GBP inc VAT. It is considered that a contract may be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011) on the basis of exclusive rights and for technical reasons. MoD has insufficient rights or access to the software to compete for support, and FTL, the approved Design Organisation, has exclusive access to unique source code which is required to provide the support service.