Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2019-11-12
Buyer: Ministry of Defence, Air Support, Air Commodities Project Team (AC PT)
Country: UK
Contract type: Services
Procedure: Contract award without prior publication
CPV classification: 50660000
Estimated value: 6000000 GBP

Technical requirements: VEAT for Total Support of N700/700+ and N200/N2000A Series Night Vision Goggles and Associated Equipment
VEAT for Total Support of N700/700+ and N200/N2000A series night vision goggles and associated equipment including the supply of spares, repairs, modification and calibration.
The Air Commodities Delivery Team within Defence Equipment and Support has an extant requirement for the total support N700/N700+, N200/N2000A Night Vision Goggles.The authority intends to award a single source contract directly with the original equipment manufacturer FENN Night Vision Ltd to meet the requirement. The estimated value of this 3-year contract is 4 400 000 GBP ex VAT. The contract will include costed annual options which may take the contract term to a maximum of 5 years valued at £6M ex VAT.
It is considered that this contract can be placed using the negotiated procedure without prior publication of a contract notice pursuant to Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011, on the grounds of exclusive rights and technical grounds. FENN are the Design Organisation (DO) for the main body and lens for the goggles and own the design rights for these articles.
The requirement is to provide post design service (PDS), spares, repairs, modifications and calibration of the capability which requires specialist design knowledge of the equipment and component items, the production and repair process, along with specific special-to-type tools and test equipment. This technical expertise, together with the ownership of the design rights, means that no company other than the OEM can carry out the activities required in the timeframe specified without compromising airworthiness of the equipment.
As the OEM FENN Night Vision Ltd hold the IPR and the sole licence to the products supplied and maintained under this requirement. FENN are the only approved design organisation for this product and are the only provider with access to the relevant technical drawings, corporate knowledge and specialist skills and equipment required to undertake PDS activities. FENN Night Vision Ltd is the only economic operator with the relevant knowledge and expertise to undertake PDS activities on the NG series.
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.
Advertising Regime OJEU: this contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-2019118-DCB-15554626


Winner: FENN Night Vision Ltd
Award value: 6000000