The Maritime Strategic Capability Agreement (MSCA) Future Arrangement (FA

CPV: Building and facilities management services · Defence services · Engineering design services · Repair and maintenance services of military electronic systems · Technical testing, analysis and consultancy services · Training services in defence and security materials

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

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

Procurement category

Services

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

11 Jul 2022, 12:04 BST

Last source update

11 Jul 2022, 12:04 BST

Authority reference

701575518

FTS notice number

2022/S 000-018894

Classification (CPV)

Building and facilities management servicesDefence servicesEngineering design servicesRepair and maintenance services of military electronic systemsTechnical testing, analysis and consultancy servicesTraining services in defence and security materials

Delivery area

UK

Official registry OCID

ocds-h6vhtk-035077 Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

The Submarine Delivery Agency (the “Authority”), part of the UK Ministry of Defence, intends to award a contract to QinetiQ Limited (the “Contractor”) for the sustainment and support of the Maritime Strategic Capability Agreement (MSCA). This contract will be for a period of 10 years. This will be a new Qualifying Defence Contract (QDC) and will be compliant with the Defence Reform Act (DRA) and secondary legislation Single Source Contract Regulations (SSCR) 2014.

An exemption from the Defence and Security Public Contract Regulations (DSPCR) 2011 (as amended) using regulation 7(1)(a), in conjunction with Regulation 6(3A)a, for security of national-eyes only information has been endorsed by the MoD Directorate of Security and Resilience.

It is considered that this contract can be placed using the principles of the Negotiated Procedure without Prior Publication of a Contract Notice pursuant to Regulation 16(1)(a)(ii) of the DSPCR 2011 (as amended) on the basis that QinetiQ Limited is the only contractor capable of supplying the facilities and Suitably Qualified and Experienced Personnel (SQEP) needed to meet the Authority's requirements under this contract.

The MSCA requirement has been determined to be, and must remain, a sovereign capability by the current UK Government meaning any potential contractor must meet this requirement with a capability within UK territory.

The Restated Principles Agreement (RPA) was signed in July 2001 and transferred operations of the former Defence Evaluation and Research Agency, which was a part of the MOD, to QinetiQ Limited. QinetiQ Limited are currently the only contractor with UK based facilities accredited to the required security requirements and with sufficient technical capability to fulfil the MSCA requirement in UK territory. If a different contractor were to be awarded the contract, these create a disproportionate technical difficulty for the Authority in maintaining and operating its maritime platforms including its Defence Objective of a Continual at Sea Detetterant (CASD).

This is due to the necessity for an alternative contractor to undertake a significant investment in their existing capital estate across the whole of the UK to build and furnish dedicated facilities within the UK to meet the unique demands of the MSCA requirement. QinetiQ Limited have operated the facilities transferred to them under the RPA for 15 years and have developed extensive expertise, deeply integrated technical knowledge of the maritime platforms, and specialist tools to support the Authority with maintaining maritime platform capability through-life and CASD. Furthermore, the alternative contractor would be fully responsible for keeping the safety profile of multiple maritime platforms during this initial period to the expected standard, which creates an unacceptable risk to life for users of the maritime platforms in question given the disproportionate technical effort needed from the contractor to meet and maintain this operational requirement. Therefore, only QinetiQ Limited are currently able to meet the Authority’s requirement due to technical reasons.

• QinetiQ LimitedAwarded supplier03796233 Cody Technology Park, Ively Road, Farnborough, UK, GU14 0LX

No document links were published on the notice.