Provision of a Telecommunications service for the Emergency Services of England, Scotland and Wales

CPV: Communications network · Telecommunications services

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

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

19 Jan 2022, 22:45 GMT

Last source update

19 Jan 2022, 22:45 GMT

Authority reference

C9265

FTS notice number

2022/S 000-001654

Classification (CPV)

Communications networkTelecommunications services

Delivery area

UK

Official registry OCID

ocds-h6vhtk-030d0f 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

The Home Office meets the regulation 32 (2) (b) (ii) test as outlined below:

The Airwave network is the communications system used by all the emergency services in Scotland, England and Wales. It is a secure private communications network, using land mobile, TETRA - TErrestrial Trunked RAdio technology, which enables the three emergency services to be able to seamlessly talk to each other (interoperate) during major incidents and also enables them to interoperate with other public safety organisations such as for example the Maritime and Coastguard Agency and mountain rescue teams.

The Airwave network is a closed proprietary network owned and operated by Airwave Solutions Limited (a Motorola company). It is made available to the emergency services under four key contracts*(Contracts) made pursuant to the Home Office's PFI Framework Arrangement for the Public Safety Radio Communications Service (the FA). The Airwave network is critical national infrastructure (CNI) and Airwave is the only supplier of this network in Great Britain. No other TETRA network exists in GB nor is it possible for an alternative to TETRA to be developed, established and rolled out in the required timescales to ensure continuity of service demands and the technical and security requirements of the Emergency Services.

There is no other suitable network in Great Britain that could be used by the emergency services until the new national Emergency Services Network (ESN) is brought into service. The ESN is intended to be the replacement network for the Airwave network and was originally expected to be developed and rolled out in 2022.

There have been significant setbacks and delays in the development of the ESN, including the transition from the Airwave network to ESN. Those setbacks mean that the provision of the Airwave network has to be continued in the interim until the ESN is ready and has been fully tested and validated. The continuity and technical requirements necessitate an extension to the Contracts until 31 December 2026.

Given that there is no other possible competitor that could provide an equivalent service to Airwave within the required timescales, trying to organise an accelerated competition would incur additional expenses/resources that would not make any difference to the outcome.

*The Contracts are between:

1. Secretary of State for the Home Department and Airwave Solutions Ltd in respect of police access to Airwave - Contract value for the four year extension period: £1,333,700,339
2. Secretary of State for the Home Department and Airwave Solutions Ltd in respect of Fire and Rescue Services access to Airwave - Contract value for the four year extension period: £141,181,120
3. Secretary of State for Health and Social Care and Airwave Solutions Ltd for the Ambulance Radio Programme - Contract value for the four year extension period: £83,947,192
4. The Scottish Ambulance Service Board and Airwave Solutions Ltd in respect of Scottish Ambulance Service access to Airwave - Contract value for the four year extension period: £ 3,091,038

Airwave is CNI and, as such, it must remain in place to ensure continuity and security of emergency service communications until ESN is ready to replace it. Until ESN is brought into service, no alternative or substitute network to Airwave exists nor would it be technically or financially feasible to develop a replacement for the emergency services to use in the meantime. Without Airwave, the emergency services would have no suitable communications network to use. This poses a danger to life for individuals as well as a risk to public safety and/or public security if communications between fire, policy or ambulance personnel broke down or became unreliable.

Nb: Continued in additional information section due to character restrictions.

Publisher note: Additional Information 1: Continuation of Section Annex D1 - 3. Explanation: The Home Office has considered the length of the extension required to ensure that it does not exceed what is necessary and is proportionate in the circumstances. It considers that the extension until 31 December 2026 is a realistic estimate of the time that will be needed to ensure that the ESN is properly tested and validated before it becomes fully operational. The Home Office will keep this situation under review so that it can adjust the time period, as it considers appropriate, in the event that the development and transition process proves better than expected or, conversely, requires additional time. Additional Information 2: Original OJEC REF 96/S 15-6735/EN

• Airwave Solutions LimitedAwarded supplier Nova South, 160 Victoria Street, LONDON, UK, SW1E 5LB

No document links were published on the notice.