Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-041142/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
Postal address: Defence Equipment and Support, Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Rebecca Colbourne
Email: rebecca.colbourne100@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: Post Design Services, Spares and Repairs for Legacy External Communication Outfits

Reference number: CSA/1112
II.1.2) Main CPV code: 50660000
II.1.3) Type of contract Services
II.1.4) Short Description:
Defence Equipment and Support (DE&S), Communications and Situational Awareness Project Team, part of the UK Ministry of Defence, intends to progress a Contract Extension with Leonardo Ltd (the Company) for Post Design Services, Spares and Repairs for legacy external communication outfits EUC, KMY, KMW, SEZ, IMT, and 1CLF through until 31st Jan 2027. The estimated value of the Contract Extension is 1,500,000 GBP.
The Ministry of Defence owns the existing legacy EUC, KMY, KMW, SEZ, IMT, and 1CLF equipment’s (the Equipment) which are fitted to Surface and Submarine Vessels in the British Royal Navy. The Equipment provides external communication and messaging capabilities fitted within these platforms.
KMY, IMT and 1CLF are obsolescent products developed by, produced, maintained and supported by the Company but in order to sustain the operational capability they must be maintained until replacements are procured. The Company is the Design Authority and Original Equipment Manufacturer and is the only economic operator with the necessary technical know-how, tooling, and software/test equipment to carry out the contract.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1500000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
Defence Equipment and Support (DE&S), Communications and Situational Awareness Project Team, part of the UK Ministry of Defence, intends to progress a Contract Extension with Leonardo Ltd (the Company) for Post Design Services, Spares and Repairs for legacy external communication outfits EUC, KMY, KMW, SEZ, IMT, and 1CLF through until 31st Jan 2027. The estimated value of the Contract Extension is 1,500,000 GBP.
The Ministry of Defence owns the existing legacy EUC, KMY, KMW, SEZ, IMT, and 1CLF equipment’s (the Equipment) which are fitted to Surface and Submarine Vessels in the British Royal Navy. The Equipment provides external communication and messaging capabilities fitted within these platforms.
KMY, IMT and 1CLF are obsolescent products developed by, produced, maintained and supported by the Company but in order to sustain the operational capability they must be maintained until replacements are procured. The Company is the Design Authority and Original Equipment Manufacturer and is the only economic operator with the necessary technical know-how, tooling, and software/test equipment to carry out the contract.

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
II.2.14) Additional information:
This notice advises that the Authority has decided to negotiate a contract with the named supplier on a single source basis and is published for reasons of transparency only.

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: CSA/1112
Title: Post Design Services, Spares and Repairs for legacy external communication outfits

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-12-20
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Leonardo UK Ltd
Postal address: Naval C4ISR, First Avenue
Town: Southampton
Postal code: SO15 0LG
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: Defence Equipment and Support
Postal address: Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-12-20

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

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:
In accordance with Regulation 4 of the Defence and Security Contracts (Amendment) (EU Exit) 2019 Regulations (SI 2019/697) this procurement is 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 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 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
The Ministry of Defence owns the existing legacy EUC, KMY, KMW, SEZ, IMT, and 1CLF equipment’s (the Equipment) which are fitted to Surface and Submarine Vessels in the British Royal Navy. The Equipment provides external communication and messaging capabilities fitted within these platforms.
KMY, IMT and 1CLF are obsolescent products developed by, produced, maintained and supported by the Company but in order to sustain the operational capability they must be maintained until replacements are procured. The Company is the Design Authority and Original Equipment Manufacturer and is the only economic operator with the necessary technical know-how, tooling, and software/test equipment to carry out the contract.
Proprietary information owned by the Company includes technical drawings and data sets which are necessary to support the Equipment to the required standard. Furthermore, the Company is the only organisation that owns the legacy test jigs and tooling required to perform diagnosis, production of spares, repairs and cannibalisation of the Equipment. The Ministry of Defence does not hold/have access to this information to enable fulfilment of this requirement by a third party. EUC and KMW equipment has additional security requirements which only the Company can meet in order to provide support to the British Royal Navy.