Diensten - 194272-2019

25/04/2019    S81    Services - Voluntary ex ante transparency notice - Contract award without prior publication 

United Kingdom-Bristol: Ships

2019/S 081-194272

Voluntary ex ante transparency notice


Legal Basis:

Directive 2009/81/EC

Section I: Contracting authority/entity

I.1)Name and addresses
Official name: Ministry of Defence, Ships, Other
Postal address: #3030, Cedar 0c, DE&S Abbey Wood
Town: Bristol
NUTS code: UKK11
Postal code: BS34 8JH
Country: United Kingdom
E-mail: DESShipsFMSP-Comrcl@mod.gov.uk
Telephone: +44 3067982784

Internet address(es):

Main address: www.contracts.mod.uk

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

Section II: Object

II.1)Scope of the procurement

FMSP Hard Facilities Management and Alongside Services at Clyde

Reference number: FMSP/007
II.1.2)Main CPV code
II.1.3)Type of contract
II.1.4)Short description:

The supplier is required to provide hard facilities management services and alongside services for naval vessels (including submarines) at Her Majesty’s Naval Base Clyde.

II.1.6)Information about lots
This contract is divided into lots: no
II.1.7)Total value of the procurement (excluding VAT)
Value excluding VAT: 421 000 000.00 GBP
II.2.2)Additional CPV code(s)
II.2.3)Place of performance
NUTS code: UKM81
Main site or place of performance:

East Dunbartonshire, West Dunbartonshire and Helensburgh and Lomond.

II.2.4)Description of the procurement:

This contract shall support the delivery of programmes, plans and projects for the Royal Navy such as The Estate Management Strategy EMS), including the Asset Survey Programme (ASP), the Forward Maintenance Programme (FMP), the Forward New Works Programme (FNWP), the Forward Maintenance Register (FMR) and the Forward New Works Register (FNWR); and Any agreed subsidiary plans derived from, or to support.

Services include:

— repair, maintenance and operation of infrastructure,

— utilities management and vessel utilities,

— strategic estates management,

— heavy lift; riggers, berthing and docking services,

— underwater services (infra),

— estates IKM/TIC,

— safety and environmental services,

— quality management,

— radiological and health services,

— calibration services.

II.2.5)Award criteria
II.2.11)Information about options
Options: yes
Description of options:

Initial contract length will be for 5 years with an option to extend by up to 2 years.

II.2.13)Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
II.2.14)Additional information

The cyber risk level for this contract has been assessed as “High”.

Section IV: Procedure

IV.1.1)Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
  • The procurement falls outside the scope of application of the directive

The Future Maritime Support Programme (FMSP), part of DE&S, intends to award a contract to Babcock Marine (Clyde) Ltd for the provision of Hard Facilities Management and Alongside Services at Clyde Naval Base for a period of 5 years to 31.3.2025, with an option to extend by up to a further 2 years.

The contract is being procured under the Single Source Contracts Regulations 2014 because of the existence of a legally binding agreement, namely the babcock marine and technology terms of business agreement which grants the contractor exclusivity for nominated roles, including the scope of these services. In addition, there are critical interfaces between these services and the delivery of submarine engineering services. It is therefore, impractical for any other supplier to provide these services, as they are in support of other contractual arrangements which are also being procured through single source arrangements.

This contract is considered to be exempt from the Treaty of the Functioning of the European Union (TFEU) under Article 346(1)(a). The economic operator to be awarded the contract may be required to handle and protect UK Eyes Only (UKEO) National Caveated information or assets and they must not permit anyone who is not a UK National to access such information or assets, being the home port for the nation’s nuclear deterrent. Information identified as UKEO must not be sent to foreign governments, overseas contractors, international organisations or released to any foreign nationals (either overseas or in the UK) without the originator‘s specific consent. Due to this requirement, the Authority is proceeding with the procurement process in reliance on the exemption in Article 346(1)(a) TFEU and the general exclusion from the Defence and Security Public Contract Regulations 2011 (DSPCR) under Regulation 7(1)(a).

In addition, it is considered that Article 346(1)(b) also applies to this procurement as it is in support of war materiel including warships, submarines and other Royal Navy support vessels) as set out in the official translation of Council Decision 255/58.

IV.1.3)Information about framework agreement
IV.1.8)Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2)Administrative information
IV.2.1)Previous publication concerning this procedure
Notice number in the OJ S: 2018/S 031-068954

Section V: Award of contract/concession

Contract No: FMSP/007

FMSP Hard Facilities Management and Alongside Services at Clyde

V.2)Award of contract/concession
V.2.1)Date of contract award decision:
V.2.2)Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3)Name and address of the contractor/concessionaire
Official name: Babcock Marine (Clyde) Ltd
Postal address: HM Naval Base Clyde
Town: Faslane
NUTS code: UKM81
Postal code: G84 8HL
Country: United Kingdom
Telephone: +14 36674321
The contractor/concessionaire will be an SME: no
V.2.4)Information on value of the contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: 421 000 000.00 GBP
V.2.5)Information about subcontracting

Section VI: Complementary information

VI.3)Additional information:

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-2019423-DCB-14827553

VI.4)Procedures for review
VI.4.1)Review body
Official name: Ministry of Defence, Ships, Other
Postal address: #3030, Cedar 0c, DE&S Abbey Wood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
E-mail: DESShipsFMSP-Comrcl@mod.gov.uk
Telephone: +44 3067982784
VI.4.2)Body responsible for mediation procedures
VI.4.3)Review procedure
VI.4.4)Service from which information about the review procedure may be obtained
VI.5)Date of dispatch of this notice: