4500000 · UK public procurement notice

CPV: Communications equipment

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32009L0081 Defence and Security Public Contracts Regulations 2011 (Directive 2009/81/EC)

Procurement category

Goods

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

15 Sept 2023, 10:41 BST

Last source update

15 Sept 2023, 10:41 BST

FTS notice number

2023/S 000-027296

Classification (CPV)

Communications equipment

Delivery area

UK

Official registry OCID

ocds-h6vhtk-03fcea Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

Defence Equipment & Support, part of the UK Ministry of Defence on behalf of The

Secretary of State for Defence (the Authority) intends to award a Contract to Thales UK Ltd

(“the Contractor”) for the continuation of in-service support to KRS (KMY Replacement

System aboard Type 23 Frigates and shore Establishments) until July 2024 with options to

continue to December 2024 and for the technical update of the operating system and

address other software obsolescence, and for support to the safety case for air operations.

The value of the estimated contract amendment is £4.5 million (ex VAT) including bid costs.

This notice supersedes the work on Wave Class advertised in date/ref.

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 (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 (in

accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of

the Defence and Security Public Contracts Regulations 2011 for technical reasons.

This is on the basis that the Authority has insufficient rights to pass the necessary data and

information to undertake the requirement to third parties and that only the Contractor as

Original Equipment Design Authority has the accumulated technical knowledge, expertise

and know-how at its disposal required to provide the requirement in particular in relation to

the full system design, build and integration. This includes the intimate knowledge and

understanding of the existing equipment used across the fleet. Furthermore, only the

Contractor can

• Thales UK LtdAwarded supplier Reading, UK, RG2 6GF

No document links were published on the notice.