Voluntary ex ante transparency notice
Directive 2014/24/EU
Section I: Contracting
entity
I.1) Name and addresses
Ministry of Defence
Portsmouth
UK
E-mail: eleanor.towler100@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
UPGRADE AND SUPPORT OF SRS FUSION
II.1.2) Main CPV code
35512400
II.1.3) Type of contract
Supplies
II.1.4) Short description
The Royal Navy, part of the Ministry of Defence, intends to award a 2 year contract with a value of £183,000 to Strategic Robotic Systems (SRS) for the support and upgrade of the FUSION Remotely Operated Vehicle (Vehicle), which is used to carry out ordonnance disposal in ports and harbours.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons.
This is because SRS is the Original Equipment Manufacturer of the Vehicle. No other supplier would have the technical expertise, know-how and technical documentation (including in particular the source code for the Vehicle’s software) necessary to safely support and upgrade the Vehicle. A new supplier would need to reverse engineer the software, which would introduce unacceptable risk to the integrity of the Vehicle, its functionality and its operational effectiveness.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
210 000.00
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 Ministry of Defence, intends to award a 2 year contract with a value of £183,000 to Strategic Robotic Systems (SRS) for the support and upgrade of the FUSION Remotely Operated Vehicle (Vehicle), which is used to carry out ordonnance disposal in ports and harbours.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons.
This is because SRS is the Original Equipment Manufacturer of the Vehicle. No other supplier would have the technical expertise, know-how and technical documentation (including in particular the source code for the Vehicle’s software) necessary to safely support and upgrade the Vehicle. A new supplier would need to reverse engineer the software, which would introduce unacceptable risk to the integrity of the Vehicle, its functionality and its operational effectiveness.
II.2.11) Information about options
Options:
Yes
Description of options:
In addition to manufacturer’s warranty, corrective maintenance packages are offered by the OEM to ensure comprehensive and cost-effective support over the period of evaluation.
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 prior publication
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:
The Royal Navy, part of the Ministry of Defence, intends to award a 2 year contract with a value of £183,000 to Strategic Robotic Systems (SRS) for the support and upgrade of the FUSION Remotely Operated Vehicle (Vehicle), which is used to carry out ordonnance disposal in ports and harbours.
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons.
This is because SRS is the Original Equipment Manufacturer of the Vehicle. No other supplier would have the technical expertise, know-how and technical documentation (including in particular the source code for the Vehicle’s software) necessary to safely support and upgrade the Vehicle. A new supplier would need to reverse engineer the software, which would introduce unacceptable risk to the integrity of the Vehicle, its functionality and its operational effectiveness.
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
31/01/2022
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
SRS FUSION
14842 NE 95th St, Redmond, WA 98052
US
NUTS: US
The contractor is an SME:
Yes
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
210 000.00
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
Portsmouth
UK
VI.5) Date of dispatch of this notice
31/01/2022