Public procurement notice: Voluntary Ex Ante Transparency Notice
Published: 2018-12-22
Buyer: Ministry of Defence, Land Equipment, Other
Country: UK
Contract type: Supplies
Procedure: Negotiated without a prior call for competition
CPV classification: 35400000: Military vehicles and associated parts
Estimated value: 1200000 GBP

Technical requirements: The Vehicle Support Team, part of the Ministry of Defence, intends to place a supply contract with Cook Defence Systems Limited (“the Contractor”) for the Procurement of Challenger 2, Warrior and Combat Vehicle Reconnaissance (Tracked) (CVR(T)) Winterised Track for 1 year with a further 1 year option at an estimated total value of up to 600 000,00 GBP per year exclusive of VAT (1 200 000,00 GBP including the Option Year).
It is considered that this Contract can be placed using the Negotiated Procedure Without Prior Publication of a Contract Notice, pursuant to Article 28(1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contract Regulations 2011) for technical reasons because the procurement of Winterised Track from another contractor would result in unacceptable safety and operational risk. The Winterised Track is safety critical and if not built to the approved build standard/specification would cause operational and maintenance issues with the potential for loss of control of the platforms.
Only the Contractor, as the Original Equipment Manufacturer (OEM) for the winterised track, has access to the design and technical information, expertise, knowledge and know-how necessary to provide the required goods. A third party would not be able to carry out this work without access to the necessary design and technical information which is required to produce the goods to the correct technical specification, in terms of quality, performance and safety. The winterised track being procured under this contract is deemed to be safety critical to the operation of the platform and so must be produced to the correct specification, held only by Cook Defence Systems Limited. This information is not available to the Authority as it is owned by the Contractor in their role as the Original Equipment Manufacturer and the Authority does not have the necessary rights to that information to provide to any third party.
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-20181220-DCB-13760883


Winner: Cooks Defence System Limited
Award value: 1200000