Section one: Contracting authority/entity
one.1) Name and addresses
Ministry of Defence
Portsmouth
Country
United Kingdom
NUTS code
UK - United Kingdom
National registration number
https://contracts.mod.uk
Internet address(es)
Main address
one.4) Type of the contracting authority
Ministry or any other national or federal authority
one.5) Main activity
Defence
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Provision of WADER Software Upgrade Plan
Reference number
704091454
two.1.2) Main CPV code
- 48218000 - License management software package
two.1.3) Type of contract
Supplies
two.1.4) Short description
The Royal Navy, part of the Ministry of Defence, intends to award a 2-year initial contract with contractual options for 2 further years, with a value of £1,380,399.00 (excluding vat and option years), to Ocean Acoustic Developments Ltd for the provision of an Annual Upgrade Plan for WADER sonar range prediction software to MOD. In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. The MOD needs to be able to access software upgrades, updates, software development, and technical support and training for the WADER software, which can only be met by Ocean Acoustic Developments Ltd who, as the developer and owner of the source code in the software, is the only supplier with the IPR, technical skills and expertise to deliver the ongoing support requirements under the Annual Upgrade Plan.
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: £1,380,399
two.2) Description
two.2.2) Additional CPV code(s)
- 72212100 - Industry specific software development services
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
The Royal Navy, part of the Ministry of Defence, intends to award a 2-year initial contract with contractual options for 2 further years, with a value of £1,380,399.00 (excluding vat and option years), to Ocean Acoustic Developments Ltd for the provision of an Annual Upgrade Plan for WADER sonar range prediction software to MOD. In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. The MOD needs to be able to access software upgrades, updates, software development, and technical support and training for the WADER software, which can only be met by Ocean Acoustic Developments Ltd who, as the developer and owner of the source code in the software, is the only supplier with the IPR, technical skills and expertise to deliver the ongoing support requirements under the Annual Upgrade Plan.
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 without a prior call for competition
- No tenders or no suitable tenders/requests to participate in response to open procedure
- 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
Explanation:
The Royal Navy, part of the Ministry of Defence, intends to award a 2-year initial contract with contractual options for 2 further years, with a value of £1,380,399.00 (excluding vat and option years), to Ocean Acoustic Developments Ltd for the provision of an Annual Upgrade Plan for WADER sonar range prediction software to MOD. In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 (PCR 2015) as amended (in particular by SI 2020/1319). 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 32(2)(b)(ii) of the PCR 2015 because competition is absent for technical reasons. The MOD needs to be able to access software upgrades, updates, software development, and technical support and training for the WADER software, which can only be met by Ocean Acoustic Developments Ltd who, as the developer and owner of the source code in the software, is the only supplier with the IPR, technical skills and expertise to deliver the ongoing support requirements under the Annual Upgrade Plan.
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
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
31 May 2022
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
Ocean Acoustic Developments Ltd
Cornwall
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: £1,380,399
five.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
Ministry of Defence
Portsmouth
Country
United Kingdom