Section one: Contracting authority/entity
one.1) Name and addresses
Ministry of Defence
Bristol
Country
United Kingdom
Region code
UK - United Kingdom
Internet address(es)
Main address
https://www.gov.uk/government/organisations/ministry-of-defence
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
SACC/00095 - Provision of MIDS BU2 In-Service Support and I-Level Repair for Typhoon
two.1.2) Main CPV code
- 50660000 - Repair and maintenance services of military electronic systems
two.1.3) Type of contract
Services
two.1.4) Short description
SACC/00095 - Provision of MIDS BU2 In-Service Support and I-Level Repair for Typhoon
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: £4,500,000
two.2) Description
two.2.2) Additional CPV code(s)
- 50660000 - Repair and maintenance services of military electronic systems
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
two.2.4) Description of the procurement
Service Works
two.2.5) Award criteria
Criterion: DLS NAPNOC
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
- No tenders or no suitable tenders/requests to participate in response to negotiated procedure with prior 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
- New works/services, constituting a repetition of existing works/services
Explanation:
VTN Notice – SACC/00095
The Situational Awareness Command and Control (SACC) Team, part of the UK Ministry of Defence (the Authority), intends to award a contract for the provision of In-Service Support and I-Level Repair for MIDS BU2 Terminals in the UK with Data Link Solutions LLC (the Contractor) for 3 years. The estimated value is £4.5m ex VAT.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement shall be regulated under the provisions of the Defence and Security Public Contracts Regulations (DSPCR) 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 by the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the DSPCR 2011 for technical reasons as the Contractor owns the relevant technical information relating to the equipment and only the Contractor has the required technical expertise and know-how necessary to fulfil the requirement.
The Contractor is the Original Equipment Manufacturer (OEM) of the MIDS BU2 Tactical Data Link Terminals and supporting equipment, all of which are complex electronic units, containing both programmable (software) and cryptographic devices. The service required by the Authority (repair, maintenance, and modification) can only be performed by the Contractor because they own and hold the technical information, tools and technical expertise necessary to perform the service and meet the Authority’s requirement. The contract cannot be performed without access to that technical information and, no licences have been granted to any party, including the Authority, to obtain the drawings, specifications, etc. for the Link 16 Tactical Data Link Terminals. The Authority does not have the right to provide to third parties the relevant technological information and documentation required to fulfil this requirement. As such Data Link Solutions, LLC is the only Contractor capable of providing the required support and repairs to the MIDS BU2 Tactical Data Link Terminals in order to meet the Authority’s requirement.
The Cyber Risk profile is Low. The reference for the RAR is: 581855598
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
SACC/00095
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
1 August 2023
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
Data Link Solutions, LLC
New Jersey
Country
United States
NUTS code
- US - United States
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £4,500,000
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
Situational Awareness Command and Control Delivery Team (SACC DT)
Bristol
Country
United Kingdom