Voluntary ex ante transparency notice
Directive 2009/81/EC
Section I: Contracting
authority
I.1) Name and addresses
Ministry of Defence
Corsham
UK
E-mail: thomas.gregory103@mod.gov.uk
NUTS: UK
Internet address(es)
Main address: https://www.gov.uk
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
Defence
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
NSSL Extension
II.1.2) Main CPV code
32531000
II.1.3) Type of contract
Supplies
II.1.4) Short description
Provision of Commercial Satellite Services, including Airtime, Equipment and Engineering Services.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
9 000 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
Defence Digital, Strategic Connectivity, part of the UK Ministry of Defence (MOD) intends to amend a contract to NSSL Global Limited to allow the continuation of existing NSSL Catalogue Enabling Contract for a further 18 months from 1 September 2022 to 29 February 2024 to maintain a product catalogue capability for various Front Line Commands (FLC) and other Government Departments (OGD) to purchase Commercial Satellite (CS) engineering services, airtime and equipment in support of military operations worldwide, prior to this requirement being consumed into the Service Delivery Wrap requirement currently being competed for separately.
Justification For Non-Competitive Decision:
In accordance with regulation 4 of Defence and Security Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 SI No. 2019/697, this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) as amended (in particular 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 amendment of this 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 DSPCR 2011 because competition is absent for technical reasons.
Technical reasons:
NSSL Global are the only economic entity that can provide the technical know-how and systems required to deliver the capability that meets the requirement within the required timescale to maintain operational readiness- NSSL Global Ltd currently provide a bespoke, ground-based network infrastructure which is owned and operated by NSSL Global Limited and the Authority does not have sufficient rights in the system to provide information to any third party to operate.
An alternate service provider would need to provide a MoD Assured UK based Network Operating Centre with security cleared personnel and central Point of Presence in the UK with MoD Assured links to their various teleports and 3rd party communications services. Replicating the existing network infrastructure would be complex, technically challenging and not without significant operational risk. Such a process would normally take up to 2 years to design, build and gain the necessary Assurances/Accreditation before migrating to a new network. An alternate service provider would also require ‘List X’ status in order to ensure the same technical and security guarantees for MoD data. This includes access, operation and maintenance of secure Gateways on commercial premises (Redhill) and MoD owned sites as well as access and handling of high-grade Cryptographic equipment and information classified up to and including Secret.
II.2.5) Award criteria
Criteria below:
Price
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
Justification for selected award procedure:
The procurement falls outside the scope of application of the Directive
Explanation:
Justification For Non-Competitive Decision:
In accordance with regulation 4 of Defence and Security Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 SI No. 2019/697, this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) as amended (in particular 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 amendment of this 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 DSPCR 2011 because competition is absent for technical reasons.
Technical reasons:
NSSL Global are the only economic entity that can provide the technical know-how and systems required to deliver the capability that meets the requirement within the required timescale to maintain operational readiness- NSSL Global Ltd currently provide a bespoke, ground-based network infrastructure which is owned and operated by NSSL Global Limited and the Authority does not have sufficient rights in the system to provide information to any third party to operate.
An alternate service provider would need to provide a MoD Assured UK based Network Operating Centre with security cleared personnel and central Point of Presence in the UK with MoD Assured links to their various teleports and 3rd party communications services. Replicating the existing network infrastructure would be complex, technically challenging and not without significant operational risk. Such a process would normally take up to 2 years to design, build and gain the necessary Assurances/Accreditation before migrating to a new network. An alternate service provider would also require ‘List X’ status in order to ensure the same technical and security guarantees for MoD data. This includes access, operation and maintenance of secure Gateways on commercial premises (Redhill) and MoD owned sites as well as access and handling of high-grade Cryptographic equipment and information classified up to and including Secret.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract/concession
Contract No: NETBLOS/SAT009
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
19/08/2022
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
NSSL Global Limited
Redhill
UK
NUTS: UK
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
9 000 000.00
GBP
V.2.5) Information about subcontracting
The contract/concession is likely to be subcontracted
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Ministry of Defence - Defence Digital
Corsham
UK
VI.5) Date of dispatch of this notice
19/08/2022