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

II.1.1) Title

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

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

FENN Night Vision Limited

Farnborugh

UK

NUTS: UKJ36

The contractor is an SME: Yes

VI.4.1) Review body