MBP Strategic Support and SDI Directorship

As a covered procurement, this procurement falls to be regulated under the provisions of the Procurement Act 2023.

It is considered that the direct award of the contract is lawful in accordance with regulation 41 and paragraph 6 of Schedule 5 of the Procurement Act 2023.

This is because competition is absent for the following reasons:

The MOD requires continued specialist programme leadership and governance capability in support of the Allied Underwater Battlespace Mission Network (AUWB MN), a NATO project for which the UK has formally agreed to act as Lead Nation. As Lead Nation, the UK is responsible for the necessary financial and commercial activities to deliver the project, including oversight, governance and successful delivery, and for ensuring NATO funding is used effectively.

The contractor has led this requirement from the inception and has provided continuous technical and programme oversight. He is part of the Executive Authority for the contract with the Mangrove Consortium and plays a material role in ongoing contract management activities including NATO roles essential for delivery - NATO SDI Director (appointed by name by the UK via the Maritime Uncrewed Systems Steering Board – DI(STR MCC)(2020)0007 dated 7 Feb 2020) and Interim Chair, Joint Capability Group Maritime Uncrewed Systems (JCGMUS), endorsed by DD Underwater Battlespace Capability and ratified by partner nations pending UK nomination and NATO member nation ratification of a permanent chair.

The Authority relies on Schedule 5 in combination of:

1. Paragraph 6 - Extreme an unavoidable urgency from events/circumstances that make the use of a competitive procedure impracticable within the required timeframe including urgent NATO programme commitments, in-flight governance and critical Phase 2 funding negotiations; and
2. Paragraph 8 - Absence of competition for technical reasons - the requirement is inseparable from an individual’s named NATO appointment/ratification, established Executive Authority role, and continuity of accountable programme leadership.

A competition would not deliver a viable alternative within the required timeframe. This direct award is sought to avoid an immediate and material risk to programme delivery and allied confidence. The requirement is time-critical because AUWB MN governance and Phase 2 funding negotiations are active now, and the Authority is managing ongoing obligations as Lead Nation.

As a result, there is no other supplier that is able to meet the specific requirements and there are no reasonable alternatives to use of Lemon Tree Associates