Procurement of Link 16 Tactical Data Links with Technical Assistance

CPV: Data and voice media

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32009L0081 Defence and Security Public Contracts Regulations 2011 (Directive 2009/81/EC)

Procurement category

Goods

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

19 Oct 2023, 17:43 BST

Last source update

19 Oct 2023, 17:43 BST

FTS notice number

2023/S 000-030948

Classification (CPV)

Data and voice media

Delivery area

South East (UKJ37)

Official registry OCID

ocds-h6vhtk-040d85 Find a Tender

Why no open competition

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive; The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

Ship Acquisition, which is part of the UK Ministry of Defence (MOD), proposes to place a contract with L3 Harris Communications Systems UK Limited (L3 Harris) for the provision of Link 16 Tactical Data Links and ancillaries (the “Goods”) for the Type 31 frigates with technical support. The term of the proposed contract is 5 years and has an estimated value (including options) of £12m-£15m.

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 is lawful in accordance with Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 for Technical Reasons.

This is because in accordance with the Authority’s specific requirement, the Link 16 Tactical Data Links for the Type 31 frigates need to meet certain technical requirements. In particular, they need to be compatible and interoperate with the Type 31 Data Link Processor and Combat Management System. The Link 16 Tactical Data Link also needs to be embodied in the limited space envelope available and comply with REACH legislation regarding hazardous materials and be delivered to meet the Type 31 challenging build schedule. The L3 Harris Link 16 Tactical Data Link is the only product that is capable of meeting the Authority’s technical requirements. L3 Harris owns the IPR in its Link 16 Tactical Data Link and is the only economic operator with the necessary know-how, proprietary processes, and equipment-specific tooling and test equipment to manufacture the Goods. L3 Harris is therefore the only economic operator that can meet the Authority’s requirement.

• L3 Harris Communications Systems UK LimitedAwarded supplier 1 Dingley Way, Aerospace Park, Farnborough, South East, GU14 6FF

No document links were published on the notice.