PROJECT VENTUS · UK public procurement notice

CPV: Military research and technology

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Services

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 Dec 2023, 15:02 GMT

Last source update

19 Feb 2024, 12:05 GMT

FTS notice number

2024/S 000-005361

Classification (CPV)

Military research and technology

Delivery area

UK

Official registry OCID

ocds-h6vhtk-042119 Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

Defence Equipment & Support (DE&S), part of the UK Ministry of Defence, has awarded a Single Source Non-Qualifying Defence Contract with Leonardo UK Ltd ("the Contractor") to carry out research and development services relating to a concept demonstration of alternate and non-radar sensor technologies to support UK Air Surveillance in development of the Recognised Air Picture.

The Contractor will support a concept demonstration, which is designed and delivered by the RAF. The contractor will provide a report on findings. The concept demonstration will use an existing in-service sensor for which the Contractor is the Original Equipment Manufacturer (OEM). As the OEM, only the Contractor possesses the necessary technical information to conduct the concept demonstration.

It is considered that this proposed contract for research & development services can be awarded using the negotiation without prior publication of a contract notice procedure. This is because it falls under The Defence and Security Public Contract Regulations (DSPCR) 2011, Regulation 16(1)(c)(i) (as amended by The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019, and The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2020).

It meets the DSPCR’s definition of R&D activities, as an R&D services contract other than those covered by the R&D services exclusion at Regulation 7(1)(l). This proposed contract is assessed as falling under the definition of applied research as defined at Regulation 3.

It is considered that this contract is also justified under DSPCR Regulation 16(1)(a)(ii), on grounds of unique technical capability. Only the OEM, Leonardo UK, has the necessary technical information to deliver the requirement. This is because the supplier is required to assess whether the equipment is fit for purpose and if necessary to upgrade / maintain the equipment. The supplier must also oversee deployment at the concept demonstration. The system is a bespoke novel in-service system which has a design specific to the OEM, therefore an alternative supplier would have to reverse engineer the technology, causing unknown time delay and introducing unacceptable risk in the performance of the requirement

• Leonardo UKAwarded supplier Luton, UK
• Leonardo UK LtdAwarded supplier 300 CAPABILITY GREEN, Luton, UK, LU1 3PG

No document links were published on the notice.