Section one: Contracting authority/entity
one.1) Name and addresses
Leidos Supply
Monarch Court, 8 The Brooms, Emersons Green
Bristol
Country
United Kingdom
NUTS code
UK - United Kingdom
Internet address(es)
Main address
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Defence
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Voluntary ex ante transparency notice for the Supply of Ceremonial and Parade Headwear - Caps and Specialist
Reference number
LSL/DC/0142
two.1.2) Main CPV code
- 18440000 - Hats and headgear
two.1.3) Type of contract
Supplies
two.1.4) Short description
Team Leidos are proud to be delivering the logistics commodities and services transformation (LCS(T)) Delivery partner contracts (LCS (T)/0001 dated 16.4.2015) on behalf of the UK Ministry of Defence (the ‘Prime Contract’). Delivery of other parts of the LCS(T) contract are delivered by Leidos Europe Ltd (LEL) and other partners (together ‘Team Leidos’). This requirement is subject to the EU Public Procurement Regulations and respective advertising action.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £11,400,000
two.2) Description
two.2.2) Additional CPV code(s)
- 18440000 - Hats and headgear
- 18443340 - Caps
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
The Defence Clothing Team, which forms part of Leidos Supply Ltd intends to award a framework agreement to Try & Lilly Ltd for The Supply of Ceremonial and Parade Headwear — Caps and Specialist on behalf of the UK MOD. This requirement covers non-protective headwear, caps and specialist items.
The total estimated total value for this framework will be £11,400,000.00, with a total maximum term framework agreement of 7 years (5 + 2 Option Years).
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated procedure without publication of a contract notice
- The products involved are manufactured purely for the purpose of research, experiment, study or development
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
- Extreme urgency brought about by events unforeseeable for the contracting authority/entity
Explanation:
Further to being informed by our incumbent supplier of Ceremonial headwear (Caps) that they would be ceasing production, and would no longer be in a position to support this range of items, Leidos Supply Ltd intends to award a maximum term framework agreement of 7 years (5 + 2 Years) to Try & Lilly Ltd. There is a need to ensure continuity of supply for the goods in question, that are deemed essential by our Customer, and as such Leidos Supply Ltd will be looking to award a framework under Regulation 32(2) (C) of the Public Contract Regulations 2015, which allows for the use of the negotiated procedure without prior publication “insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied with.”
The subject matter of this framework is very technical/ specialist, and as such, there is a genuine lack of compliant competition within the ceremonial headwear market. This was confirmed during the previous tender, concluded in 2019, which resulted in only two bidders being able to meet the minimum technical standard required. One of these was the incumbent for this range (who has now ceased trading in this market), and the other being Try & Lilly Ltd. On this basis, it would also be appropriate to refer to Regulation 32(2) (B) (ii) of the Public Contract Regulations 2015, which allows for the use of the negotiated procedure without prior publication “where the works, supplies or services can be supplied only by a particular economic operator” where “competition is absent for technical reasons”.
This Framework will have a maximum term of 7 years (5 + 2 Years), which is considered justifiable in that the subject matter of the framework (Ceremonial Headwear) is deemed technical/ specialist and due to this, any future supplier of this range will require a significant initial investment, which includes, but is not limited to the expansion of premises, the purchase of machinery, and the employment of new staff or upskilling of existing members of staff. This initial investment would be prohibitive for suppliers should the term of the framework be only for 4 years, as this investment would be disproportionate to the profit a supplier would expect to make on a framework of this term.
In light of this, Leidos Supply Ltd intends to utilise Regulation 33 (3) of the Public Contract Regulations 2015, which states that the term of a framework agreement may exceed 4 years, “in exceptional cases, justified in particular by the subject – matter of the framework agreement.”
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
Contract No
LSL/DC/0142
Title
The Supply of Ceremonial and Parade Headwear - Caps and Specialist
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
25 June 2021
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Try & Lilly Ltd
Liverpool
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £11,400,000
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.3) Additional information
Please note this is a Voluntary Transparency Notice, this contract has not been awarded yet.
Subject to Leidos Supply Limited receiving no notice during the standstill period of any intention to legally challenge the award process, Leidos Supply Limited aims to award the Proposed Contract after 12:00PM on 6th July 2021
The authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.
https://www.gov.uk/government/publications/government-security-classifications
six.4) Procedures for review
six.4.1) Review body
Leidos Supply Limited
8 Monarch Court
Bristol
BS16 7FH
Country
United Kingdom
six.4.2) Body responsible for mediation procedures
UK has no body responsible for appeals or mediation procedures
N/A
Country
United Kingdom