531533.75 · UK public procurement notice

CPV: Command, control, communication systems · Helpdesk and support services · Software support services

Procedure method

Negotiated without publication of a contract notice

Legal basis

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

Procurement category

Services

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

16 Nov 2023, 14:20 GMT

Last source update

16 Nov 2023, 14:20 GMT

FTS notice number

2023/S 000-033947

Classification (CPV)

Command, control, communication systemsHelpdesk and support servicesSoftware support services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-041a75 Find a Tender

Why no open competition

No tenders or no suitable tenders/requests to participate in response to negotiated procedure with prior publication of a contract notice; The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive; The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons; New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive

Published justification

The Situational Awareness Command and Control Delivery Team (SACC DT), part of the UK Ministry of Defence (the Authority), intends to award a contract to Tactical Communications Group, LLC based in the USA for the provision of Battlefield Operations Support System (BOSS) software and in-service support under the Link 16 Terminal Support Project and Maritime Tactical Data Link Support Unit (MTDLSU). The Contract is for the purchase of 1x Tactical Communications Group (TCG) BOSS software licence including in-service software support, and in-service software support for the 3x BOSS software licences currently in-service. The contract will be awarded for 3 years duration, and the estimated value is £531,533.75 ex VAT.

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 provision of The Defence and Security Public Contracts Regulations (DSPCR) 2011 as amended (in particular by SI 2019/697 and SI 2020/1450). 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 DSPCR 2011 for technical reasons.

Simulation support and logic tools provide MTDLSU, part of SACC, the ability to produce data input to and from a nominated Tactical Data Link (TDL) domain, this can either be from a live environment or within a stimulated environment. BOSS a TCG product is considered the only viable solution as this is the only software variant that has the technical breadth and scope to meet MTDSLU demands in one tool to minimise training and future support costs. The required capability that BOSS provides is not available from other tools, specifically the multi capability with VMF (Variable Message Format) radio control (being an important requirement of the Authority) being unique to the BOSS tool which is a key user requirement. This multi-Tactical Data Link capability is present and used by MOD in relation to existing Platforms. The BOSS software is required as it is the only sufficiently stable software available that replicates this functionality and allows MOD to conduct training on this type of data link.

Tactical Communications Group, LLC. is the Original Equipment Manufacturer (OEM) and is the sole owner of the Intellectual Property Rights of the BOSS software. The software support required by TDLSU can only be performed by Tactical Communications Group, LLC as only they hold the technical information, tools and technical expertise required to provide the in-service software support. The support cannot be performed without access to this technical expertise.

The Cyber Risk profile is N/A. The reference for the Risk Assessment is: RAR-843352599

• Tactical Communications Group, LLC.Awarded supplier Tewksbury, US

No document links were published on the notice.