Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 024-041654/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies
Directive 2014/24/EU

Directive 2014/24/EU

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Ships, Salvage and Marine Operations (S&MO)
Postal address: Ash 2b, #3212, MoD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Natasha Higgs
Telephone: +44 3067989500
Email: DESShipsComrcl-CSS-Grad1@mod.uk
Nuts code: UKK1
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: Supply of HUGIN AUV Initial spares and repairs services.

Reference number: S&MOCB/3341
II.1.2) Main CPV code: 43135000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
A limited support contract between the Ministry of Defence (MOD) and Kongsberg Maritime for repair, maintenance, and procurement of spares of Autonomous Underwater Vehicles (AUV).
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:54167.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKK1 Main site or place of performance:Gloucestershire, Wiltshire and Bristol/Bath area.

II.2.4) Description of the procurement
Supply of HUGIN AUV initial spares and repairs services.

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
Negotiated procedure without prior publication(in accordance with Article 32 of Directive 2014/24/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:2017-01-31
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: Salvage and Marine Operations
Postal address: #3212, Ash 2b, Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067989500
Email: DESShipsComrcl-CSS-Grad1@mod.uk
Nuts code: UKK1
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Total value of the contract/lot/concession:54167.00
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-201721-DCB-9503749.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Ships, Salvage and Marine Operations (S&MO)
Postal address: Ash 2b, #3212, MoD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067989500
E-mail: DESShipsComrcl-CSS-Grad1@mod.uk

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, Ships, Salvage and Marine Operations (S&MO)
Postal address: Ash 2b, #3212, MoD Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067989500
E-mail: DESShipsComrcl-CSS-Grad1@mod.uk

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, Ships, Salvage and Marine Operations (S&MO)
Postal address: Ash 2b, #3212, Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067989500
E-mail: DESShipsComrcl-CSS-Grad1@mod.uk

VI.5) Date of dispatch of this notice:
2017-02-01

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 prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
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:
Commercially Supported Shipping, part of the United Kingdom Ministry of Defence (the ‘Authority’), intends to award a contract to Kongsberg Maritime Limited (the ‘Contractor’) for the repair and maintenance, and procurement of spare parts for, autonomous underwater vehicles (the ‘Contract’).
The HUGIN AUV system was procured from and is of a proprietary design to Kongsberg Maritime Limited; the system Design Authority and OEM. The system is technically complex and requires specialist technical capacity and know-how to preserve; system interoperability, compatibility and technical performance. The required Intellectual Property and specialist technical capacity to provide compatible Line Replaceable Units (LRU), spares, guidance and repair, maintenance and overhaul of parts for the AUV system are subsequently not available to anyone other the system Design Authority and OEM.
It is considered that this Contract can be placed using the negotiated procedure without prior publication pursuant to Article 32(2)(b)(ii) of Directive 2014/24/EU of the European Parliament and of The Council (Regulation 32(2)(b)(ii) of the Public Contract Regulations 2015 (SI 2015/102)) on the basis that the relevant products and services can be supplied only by the Contractor, competition being absent for technical reasons (and no reasonable alternative or substitute existing), on the basis that only the Contractor, which provided the original autonomous underwater vehicles under a previous contract, has the specialist technical capability, intellectual property rights and the required components and parts to meet the Authority’s requirement under the Contract.