Voluntary ex ante transparency notice
Directive 2009/81/EC
Section I: Contracting
authority
I.1) Name and addresses
Ministry of Defence
Portsmouth
UK
E-mail: stephen.ainsworth103@mod.gov.uk
NUTS: UK
Internet address(es)
Main address: www.contracts.mod.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
MadFox
II.1.2) Main CPV code
34513750
II.1.3) Type of contract
Supplies
II.1.4) Short description
The Royal Navy, part of the UK Ministry of Defence, intends to award a 4 year contract with a value of approximately £370,000 to L3 HarrisLtd for the provision of support to the Royal Navy’s MADFOX boat, in particular general onboard systems hardware and software upgrade and modification. 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 the award of the 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. This is because the Contractor alone as design authority possesses the specific technological expertise and knowledge and access to relevant information including data in proprietary software to undertake the work and ensure system compatibility with existing MADFOX hardware [both aboard the MADFOX from a structure and stability, naval architecture and overall platform safety and integrity perspective and from a fleet-wide perspective] and can alone provide a safety case to meet the reasonable requirements of the MOD. [Furthermore access to physical equipment to be used in undertaking the work is exclusive to L3 and will not be available to any other supplier]
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
371 676.12
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
The Royal Navy, part of the UK Ministry of Defence, intends to award a 4 year contract with a value of approximately £370,000 to L3 HarrisLtd for the provision of support to the Royal Navy’s MADFOX boat, in particular general onboard systems hardware and software upgrade and modification. 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 the award of the 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. This is because the Contractor alone as design authority possesses the specific technological expertise and knowledge and access to relevant information including data in proprietary software to undertake the work and ensure system compatibility with existing MADFOX hardware [both aboard the MADFOX from a structure and stability, naval architecture and overall platform safety and integrity perspective and from a fleet-wide perspective] and can alone provide a safety case to meet the reasonable requirements of the MOD. [Furthermore access to physical equipment to be used in undertaking the work is exclusive to L3 and will not be available to any other supplier]
II.2.5) Award criteria
Criteria below:
Price
II.2.11) Information about options
Options:
Yes
Description of options:
4 years of 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
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:
The Royal Navy, part of the UK Ministry of Defence, intends to award a 4 year contract with a value of approximately £370,000 to L3 HarrisLtd for the provision of support to the Royal Navy’s MADFOX boat, in particular general onboard systems hardware and software upgrade and modification. 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 the award of the 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. This is because the Contractor alone as design authority possesses the specific technological expertise and knowledge and access to relevant information including data in proprietary software to undertake the work and ensure system compatibility with existing MADFOX hardware [both aboard the MADFOX from a structure and stability, naval architecture and overall platform safety and integrity perspective and from a fleet-wide perspective] and can alone provide a safety case to meet the reasonable requirements of the MOD. [Furthermore access to physical equipment to be used in undertaking the work is exclusive to L3 and will not be available to any other supplier]
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
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
14/12/2022
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
L3 Harris Autonomous Surface Vehicles Ltd
Porchester
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:
371 676.12
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
MoD Porstsmouth
Portsmouth
UK
VI.5) Date of dispatch of this notice
14/12/2022