JSENS/00131 Extension to G-AMB Support Contract Voluntary Transparency Notice (VTN)

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, by way of an amendment to 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 reasons. This is because the Contractor is the manufacturer of and design authority for, and holder of all relevant intellectual property rights and proprietary information (such as drawings and specifications) in, the G-AMB radars and the Authority procured: (i) the G-AMB radars from the Contractor under the terms of a contract entered into on 17.8.2015 and (ii) logistic support from the Contractor for such radars under contract JSENS/00131 entered into on 1.1.2019 No licences have been granted to any other persons, including the Authority, to obtain and exploit the drawings and specifications necessary to provide the requirement to support the equipment. The Contractor, as the only manufacturer and supplier of the G-AMB radars, is the only economic operator with the specific knowledge of the system to be able to support such equipment, avoiding incompatibility and safety issues and the need for the re-design of relevant components. The Contractor is therefore the only economic operator capable of meeting the Authority’s technical requirements under the Contract.