Voluntary ex ante transparency notice
Directive 2009/81/EC
Section I: Contracting
authority
I.1) Name and addresses
Ministry of Defence, Ships, Queen Elizabeth Class
Bristol
BS34 8JH
UK
E-mail: DESShipsComrcl-Acq-QEC@mod.uk
NUTS: UKK1
Internet address(es)
Main address: https://www.gov.uk/government/organisations/defence-equipment-and-support
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
Supply of Initial Provisioning Spares for QE Class Carriers — Flooding and Spray, Pre-Wet Flight Deck Fire-fighting and Fire Detection Systems.
II.1.2) Main CPV code
35520000
II.1.3) Type of contract
Supplies
II.1.4) Short description
Supply of Initial Provisioning Spares for QE Class Carriers — Flooding and Spray, Pre-Wet Flight Deck Fire-fighting and Fire Detection Systems.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
700 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKJ23
Main site or place of performance:
Surrey.
II.2.4) Description of the procurement
Supply of Initial Provisioning Spares for QE Class Carriers — Flooding and Spray, Pre-Wet Flight Deck Fire-fighting and Fire Detection Systems.
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
Negotiated procedure without publication of a contract notice
Justification for selected award procedure:
The works, supplies or services can be provided only by a particular economic operator for the following reason: absence of competition for technical reasons
Explanation:
Ship Acquisition, which is part of the UK Ministry of Defence (MOD), intends to place a contract with Tyco Fire & Integrated Solutions (UK) Limited (Company Registration Number 01952517) (the ‘Company’) for the provision of spare components for the Fire Protection Network, Flooding and Spray Systems, Gas Fire Extinguishing Systems and Pre-Wet System and Flight Deck Firefighting System consisting of Accommodation Mist Booster Pump RPV 45, controlling processor, manual loop switching unit, SKID — FDF foam tank type 2, Inergen Directional Valve (DN80) and sub-assembly parts on the Queen Elizabeth Class (QEC) Aircraft Carriers (such components being the ‘Goods’ and such contract being the ‘Contract’). The Company originally manufactured and installed the Fire Protection Network, Flooding and Spray Systems, Gas Fire Extinguishing Systems and Pre-Wet System and Flight Deck Firefighting on the QEC Aircraft Carriers. The Contract has an estimated value of £700,000 (seven hundred thousand pounds sterling) and a duration of 2 years.
It is considered that the Contract can be entered into using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(3)(a) of Directive 2009/81/EC of the European Parliament and the Council (Regulation 16(1)(b)(i) of the Defence and Security Public Contracts Regulations 2011). Obliging the MOD to procure the Goods from a manufacturer other than the Company would result in the Goods having different technical characteristics, which would result in incompatibility between the existing installation and the Goods. If, in the case of the Fire Protection Network, we introduce an alternative part, the system and design intent will need re-testing and proving (as well as significant documentation updates) which would put the Programme at risk and lead to disproportionate technical difficulties in operating and maintaining the existing installation which would compromise the integrity of the operational performance of the systems as the capability moves towards Vessel Acceptance.
It is also considered that the Contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Article 28(1)(e) of Directive 2009/81/EC of the European Parliament and the Council (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011) for technical reasons. The Company is the designated design authority, and the only supplier able to supply and integrate the Goods, and their associated component parts, into the ship. It is considered that only the Company, who is the original equipment manufacturer, has access to the manufacturing data packs for fire protection network, flooding and spray systems, gas fire extinguishing systems and pre-wet system and flight deck coating and the necessary know-how, including proprietary processes, and the equipment-specific tooling and test equipment, to manufacture the Goods to the required standard.
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
13/06/2016
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
Tyco Fire & Integrated Solutions (UK) Ltd
Sunbury-on-Thames
UK
NUTS: UKJ23
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:
700 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
Suppliers interested in working with the Ministry of Defence should register on the MOD Supplier Information Database (SID) Register, available at www.contracts.mod.uk The MOD SID is a database of active and potential suppliers available to all MOD and UK Defence procurement personnel, and is the main supplier database of MOD Procurement organisations. Please note: the registration and publication of a company profile on the MOD SID does not mean or imply that the supplier has in any way been vetted or approved by the MOD. Suppliers wishing to compete for advertised MOD contracts must respond to any specific call for competition by submitting a separate expression of interest in accordance with the instructions of the purchasing organisation.
From 2.4.2014 the Government is introducing its new Government Security Classifications Policy (GSC) to replace the current Government Protective Marking Scheme. A key aspect of this is the reduction in the number of security classifications used. All suppliers to the Department are encouraged to make themselves aware of the changes as it may impact on this Requirement. The link below to the Gov.uk website provides information on the new GSC.
https://www.gov.uk/government/publications/government-security-classifications
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise.
Advertising Regime OJEU: This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-2016623-DCB-8397695.
VI.4) Procedures for review
VI.4.1) Review body
Ministry of Defence, Ships, Queen Elizabeth Class
Bristol
UK
VI.5) Date of dispatch of this notice
23/06/2016