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United Kingdom-Bristol: Ships
Voluntary ex ante transparency notice
Section I: Contracting authority/entity
Main address: www.contracts.mod.uk
Section II: Object
FMSP Ships Engineering Management (Class Output Management, Waterfront Technical Authority and Design Management Services) and Delivery at Portsmouth
The supplier is required to provide complex ships engineering services to meet the requirements of the Royal Navy at Portsmouth Naval Base.
The provision of ships engineering management services for the Royal Navy to include Class Output Management (COM), Warship Technical Authority (WTA) and Design Management Services (DMS) in relation to the different platforms and classes of warships, including T23, T45, T26, Carriers and Minehunters, and ships engineering delivery to provide engineering services from time to time in relation to the different platforms and classes of warships to include Upkeeps, Fleet Time Support Periods (FTSP) and Alteration and Additions (A&A).
Initial contract length will be for 5 years with an option to extend by 1 year.
The cyber risk level for this contract has been assessed as “High”.
Section IV: Procedure
The Future Maritime Support Programme (FMSP), part of DE&S, intends to award a contract to BAE Systems Surface Ships Ltd for the provision of ships engineering delivery and management at Portsmouth Naval Base for a period of 5 years to 31.3.2025, with an option to extend by a further 1 year.
The ships engineering management element of this contract is being procured under the Single Source Contracts Regulations 2014 because of the existence of legally binding agreements, namely the Class Output Management (COM) Exclusivity Agreement grants the Contractor exclusivity as COM for QEC, MCM, T23, T45 and T26. 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.
The ships engineering delivery element of this contract was previously competed in Defence Contracts Online under reference FMSP/012. Due to lack of bids at the PQQ stage of the procurement, this is now being combined with ships engineering management at Portsmouth Naval Base. A Voluntary Transparency Notice was issued in DCO to advise of the change in procurement procedure for this element on 18.1.2019
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. 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 material (specifically warships) as set out in the official translation of Council Decision 255/58.
Section V: Award of contract/concession
Section VI: Complementary 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-14827562.