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: Lynne.Nazer100@mod.gov.uk
NUTS: 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 subdivisions
I.5) Main activity
Defence
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
Single Source Procurement
II.1.2) Main CPV code
35512400
II.1.3) Type of contract
Supplies
II.1.4) Short description
The Secretary of State for Defence (the Authority) intends to award a 3 year contract with a value of approx. £3,165,000 to Teledyne for the purchase of an additional two Gavia Autonomous Underwater Vessels (AUVs). In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 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 in accordance with the relevant legislation) is lawful in accordance with regulations 16(1)(b)(i) (technical reasons) and 16(1)(a)(ii) (additional supplies) of the DSPCR 2011 because the AUVs to be purchased are required by the Secretary of State for Defence in addition to existing AUVs supplied by Teledyne and to purchase similar autonomous vehicles from another supplier would oblige the Authority to acquire autonomous vehicles having different technical characteristics which would result in incompatibility between the existing AUVs and any other third party autonomous vehicles and would result in disproportionate difficulties in the operation and maintenance of the existing AUVs. Furthermore the Authority does not have sufficient rights in, or access to, the data in the AUVs to allow a third party to manufacture the AUVs or for a third party to certify compatibility or provide an acceptable safety case to the reasonable satisfaction of the Authority.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
3 165 523.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
1000m Autonomous Underwater Vessels (AUVs), modules and sensors
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 contract has as its object services listed in Annex II B to the directive
Explanation:
The Secretary of State for Defence (the Authority) intends to award a 3 year contract with a value of approx. £3,165,000 to Teledyne for the purchase of an additional two Gavia Autonomous Underwater Vessels (AUVs). In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 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 in accordance with the relevant legislation) is lawful in accordance with regulations 16(1)(b)(i) (technical reasons) and 16(1)(a)(ii) (additional supplies) of the DSPCR 2011 because the AUVs to be purchased are required by the Secretary of State for Defence in addition to existing AUVs supplied by Teledyne and to purchase similar autonomous vehicles from another supplier would oblige the Authority to acquire autonomous vehicles having different technical characteristics which would result in incompatibility between the existing AUVs and any other third party autonomous vehicles and would result in disproportionate difficulties in the operation and maintenance of the existing AUVs. Furthermore the Authority does not have sufficient rights in, or access to, the data in the AUVs to allow a third party to manufacture the AUVs or for a third party to certify compatibility or provide an acceptable safety case to the reasonable satisfaction of the Authority.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
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
Teledyne
California
US
NUTS: US
The contractor is an SME:
No
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
V.2.5) Information about subcontracting
The contract/concession is likely to be subcontracted
Section VI: Complementary information
VI.3) Additional information
The Secretary of State for Defence (the Authority) intends to award a 3 year contract with a value of approx. £3,165,000 to Teledyne for the purchase of an additional two Gavia Autonomous Underwater Vessels (AUVs). In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 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 in accordance with the relevant legislation) is lawful in accordance with regulations 16(1)(b)(i) (technical reasons) and 16(1)(a)(ii) (additional supplies) of the DSPCR 2011 because the AUVs to be purchased are required by the Secretary of State for Defence in addition to existing AUVs supplied by Teledyne and to purchase similar autonomous vehicles from another supplier would oblige the Authority to acquire autonomous vehicles having different technical characteristics which would result in incompatibility between the existing AUVs and any other third party autonomous vehicles and would result in disproportionate difficulties in the operation and maintenance of the existing AUVs. Furthermore the Authority does not have sufficient rights in, or access to, the data in the AUVs to allow a third party to manufacture the AUVs or for a third party to certify compatibility or provide an acceptable safety case to the reasonable satisfaction of the Authority.
VI.4) Procedures for review
VI.4.1) Review body
Ministry of Defence
Portsmouth
UK
VI.5) Date of dispatch of this notice
15/12/2022