Low Value Cat D

Tender description

The Joint Sensors and Engagement Networks Team, part of the UK Ministry of Defence (‘the Authority’), intends to enter into a contract with Northrop Grumman UK Limited (‘NGUK’, ‘the Contractor’), by way of new contract JSENS/00212 (the ‘Contract’). This is planned to take effect on and from 1st October 2024 for a period of 6 months for the undertaking of two case studies and the delivery of related report(s) assessing the feasibility of the Integrated Battle Command System (IBCS) and Forward Area Air Defence (FAAD) C2 systems and their suitability as potential short and medium-range air defence (SHORAD/MRAD) C2 solutions. The Contract will be a low value Category D procurement. Lot 1: 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. The Authority considers that the single source procurement of this non-competitive contract falls within the circumstances set out in regulation 16 (1)(a)(ii) of the DSPCR, ‘use of the negotiated procedure without prior publication of a contract notice’ for technical reasons as detailed below. The Contractor, NGUK, are the operating entity in the United Kingdom for the ultimate parent, Northrop Grumman Corporation that is the design authority and joint holder (shared with USG) of all intellectual property rights for the physical elements of both the IBCS and FAAD systems, and software elements of FAAD system. The Authority does not have any rights in the required proprietary information to enable it to pass this on to a third party. As such, NGUK are the only supplier with the specific know-how, ability to access the necessary proprietary information, and means to provide the required depth of analysis to address questions raised by the Authority, particularly in relation to specific interoperability and safety requirements relating to the potential solution. The Contractor is therefore the only economic operator capable of meeting the Authority’s technical requirements for the purposes of the Contract. Additional information: The total actual value of this procurement will be published alongside the Contract Award Notice once finalised. The purpose of this Voluntary Transparency Notice (VTN) is to announce the decision that the MOD intends to conduct single source procurement with Northrop Grumman UK for the reasons outlined above.