VOLUNTARY TRANSPARENCY NOTICE - 709789452B - Procurement of Cartridge Limpet Mine Disposal Equipment

CPV: Sea mines

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32009L0081 Defence and Security Public Contracts Regulations 2011 (Directive 2009/81/EC)

Procurement category

Goods

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

8 Feb 2024, 11:50 GMT

Last source update

8 Feb 2024, 11:50 GMT

Authority reference

709789452B DGM/2042

FTS notice number

2024/S 000-004187

Classification (CPV)

Sea mines

Delivery area

UK

Official registry OCID

ocds-h6vhtk-04383a Find a Tender

Why no open competition

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive; 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 Defence General Munitions (DGM) Delivery Team, part of the UK Ministry of Defence (MoD), intends to award a five-year contract (three-year core term and two 1-year options to extend) to ABP Technologies Ltd for the purchase of Cartridges for the MoD’s Limpet Mine Disposal Equipment capability (LMDE). The estimated total value of the proposed award is £2m ex-VAT (£2,400,000 inclusive of 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 in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 for technical reasons.

This is on the basis that the MoD initially launched a competitive procurement process for its requirements (see Contract Notice reference: 2023/S 000-037214) published in the UK e-notification service) and only ABP Technologies submitted a response to the Pre-Qualification (Supplier Selection) Questionnaire, meaning the lack of response from the wider market signifies that only this supplier has the technical capability to provide the required LMDE Cartridges.

In addition, on the basis that (a) the market has been properly tested; (b) the required LMDE Cartridges are obsolete; and (c) ABP Technologies is the Original Equipment Manufacturer of the LMDE system which the Cartridges fit into, the MoD believes that only ABP Technologies has the necessary technical designs, tools, parts, knowledge and know-how required to deliver the MoD’s requirements.

• ABP Technologies LtdAwarded supplier 1 Fleets Lane, Poole, UK, BH15 3BZContact emailShow contact details

No document links were published on the notice.