Voluntary ex ante transparency notice
Directive 2009/81/EC
Section I: Contracting
authority
I.1) Name and addresses
Ministry of Defence
Bristol
BS34 8JH
UK
Contact person: Lewis Harvey-Samuel
E-mail: lewis.harvey-samuel100@mod.gov.uk
NUTS: UK
Internet address(es)
Main address: https://www.gov.uk/government/organisations/ministry-of-defence
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
PROJECT VENTUS
II.1.2) Main CPV code
73410000
II.1.3) Type of contract
Services
II.1.4) Short description
Research and development services relating to a concept demonstration of alternate and non-radar sensor technologies to support UK Air Surveillance in development of the Recognised Air Picture.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
800 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
Research and development services relating to a concept demonstration of alternate and non-radar sensor technologies to support UK Air Surveillance in development of the Recognised Air Picture.
II.2.5) Award criteria
Criteria below:
Price
II.2.11) Information about options
Options:
Yes
Description of options:
Option 1: Additional tasks as may be required to support the concept demonstration.
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 publication of a contract notice
Justification for selected award procedure:
The products involved are manufactured purely for the purpose of research, experiment, study or development under the condition stated in the Directive (for supplies only)
Explanation:
Defence Equipment & Support (DE&S), part of the UK Ministry of Defence, intends to award a Single Source Non-Qualifying Defence Contract with Leonardo UK Ltd ("the Contractor") to carry out research and development services relating to a concept demonstration of alternate and non-radar sensor technologies to support UK Air Surveillance in development of the Recognised Air Picture.
The Contractor will support a concept demonstration, which is designed and delivered by the RAF. The contractor will provide a report on findings. The concept demonstration will use an existing in-service sensor for which the Contractor is the Original Equipment Manufacturer (OEM). As the OEM, only the Contractor possesses the necessary technical information to conduct the concept demonstration.
It is considered that this proposed contract for research & development services can be awarded using the negotiation without prior publication of a contract notice procedure. This is because it falls under The Defence and Security Public Contract Regulations (DSPCR) 2011, Regulation 16(1)(c)(i) (as amended by The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019, and The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2020).
It meets the DSPCR’s definition of R&D activities, as an R&D services contract other than those covered by the R&D services exclusion at Regulation 7(1)(l). This proposed contract is assessed as falling under the definition of applied research as defined at Regulation 3.
It is considered that this contract is also justified under DSPCR Regulation 16(1)(a)(ii), on grounds of unique technical capability. Only the OEM, Leonardo UK, has the necessary technical information to deliver the requirement. This is because the supplier is required to assess whether the equipment is fit for purpose and if necessary to upgrade / maintain the equipment. The supplier must also oversee deployment at the concept demonstration. The system is a bespoke novel in-service system which has a design specific to the OEM, therefore an alternative supplier would have to reverse engineer the technology, causing unknown time delay and introducing unacceptable risk in the performance of the requirement.
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: 709298450
Title: PROJECT VENTUS
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
01/12/2023
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
Leonardo UK
Luton
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:
800 000.00
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
Air Defence and Electronic Warfare Systems and Windfarms Delivery Team
Defence Equipment & Support
Bristol
BS34 8JH
UK
VI.5) Date of dispatch of this notice
01/12/2023