Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Ministry of Defence
MOD DE&S Abbeywood, NH1 Atrium #1027
Bristol
BS34 8JH
UK
E-mail: Joanne.Hunt149@mod.gov.uk
NUTS: UKK1
Internet address(es)
Main address: https://www.gov.uk/government/organisations/ministry-of-defence
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
Defence
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
19500000
II.1.2) Main CPV code
38632000
II.1.3) Type of contract
Supplies
II.1.4) Short description
Contract Award for the Provision and Support of FENN Night Vision Goggles inclusive of option years taking contract to December 2029
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
19 500 000.00
GBP
II.2) Description
II.2.3) Place of performance
NUTS code:
UKJ36
II.2.4) Description of the procurement
Provision and Support of FENN Night Vision Goggles inclusive of option years taking contract to December 2029
II.2.5) Award criteria
Price
II.2.11) Information about options
Options:
Yes
Description of options:
Two one year options to extend the contract
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
No
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition
Justification for selected award procedure:
The procurement falls outside the scope of application of the Directive
Explanation
The Air Commodities Delivery Team (ACDT) within Defence Equipment & Support (DE&S), part of the UK Ministry of Defence, (“the Authority”) intends to award a Contract to Fenn Night Vision Limited (“the Contractor”) for the Provision of Continuing Support of Fenn Night Vision Goggles for Air Defence.
The Contract will be for an initial period of 4 years (with the options of 2 x 1 year options) initial expiry of the contract is expected to be January 2028 or 4 calendar years after the contract award date. The estimated contract value is circa £19.4M.
The purpose of the Contract is to procure and upgrade and maintain current systems and to also have a through-life Integrated Logistics Support (ILS) solution for those systems covering Training, Servicing, Maintenance and Repair.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 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 (in accordance with the relevant legislation) is lawful in accordance with regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for technical reasons.
On the basis that the Authority has insufficient rights to pass the necessary data and information to undertake the requirement to third parties and that only the Contractor as Original Equipment Manufacturer and approved Design Organisation the purpose of this contract. Which includes but not limited to retaining the full system design, build and integration expertise and knowledge. Fenn Night Vision Limited possess the relevant technical know-how and ownership of the designs, drawings, and manufacturing data packs. The Contractor is the only company with access to this necessary knowledge this includes the intimate knowledge and understanding of the existing equipment used across multiple Air Defence platforms to provide the necessary services. Furthermore, only the Contractor can provide certification of the safety and interoperability of the equipment and through-life maintenance and calibration work where necessary to the reasonable satisfaction of the Authority.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
17/06/2024
V.2.2) Information about tenders
Number of tenders received: 1
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
FENN Night Vision Limited
Farnborugh
UK
NUTS: UKJ36
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 19 500 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Air Commodities Team
Brsitol
UK
VI.5) Date of dispatch of this notice
10/07/2024