708511450-PEDT/0041 Purchase of Katalco 51-8

CPV: Submarines

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

1 Nov 2023, 14:32 GMT

Last source update

1 Nov 2023, 14:32 GMT

FTS notice number

2023/S 000-032328

Classification (CPV)

Submarines

Delivery area

UK

Official registry OCID

ocds-h6vhtk-041100 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The Secretary of State for Defence (the “Authority”) intends to enter into a supply Contract (the “Contract”) with Critical Maritime Systems & Support Ltd (the Contractor) estimated to take effect on and from 30/11/2023 for a one-off purchase of 6 tonnes of Catalyst support of Gas Management Plants and the Combined Oxygen Generating Systems fitted to Royal Navy Submarines. The Contract has an estimated value of £1M (inc 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 provisions of the Defence and Security Public Contracts Regulations 2011 as amended (in particular 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 (as required by the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the DSPCR 2011 for technical/exclusive rights reasons. It is confirmed by the supplier of the supplies, Johnson Matthey that they will only supply to the Contractor, and that therefore, competition is absent.

The Catalyst buy is required to support the current in-service equipment. This Catalyst is the only one available with the proven interoperability with the equipment and can be procured directly off the shelf from the manufacturer. It has been used for 30+ years to support Air Purification equipment. Johnson Matthey is the only supplier of the Catalyst that is tried and tested to support the Gas Management Plants and the Combined Oxygen Generating Systems fitted to Royal Navy Submarines for which the Contractor is the OEM. Both systems are Life preserving equipment’s that have safety implications and are essential to maintaining life during operations.

The Contractor is the only economic operator who is able to procure this item via Johnson Matthey for use with the equipment. They have provided this for many years directly for use on in-service equipment, however the quantity required to continue support cannot be procured without a standalone Contract.

There are no other identified companies that could fulfil the supply, without unacceptably increasing the risk of the probability of single failure and impacting whole boat safety. In order to maintain the safety of the platform and personnel the Contract with Critical Maritime Systems & Support Ltd is essential.

• Critical Maritime Systems & Support LtdAwarded supplier Dolphin House, Williams Road,, Portsmouth,, South East, PO3 5FP

No document links were published on the notice.