LSL/DC/0141 - The Supply of Waterproof Garments - VEAT

Leidos Supply Ltd (LSL) intends to extend contract LSL/DC/0141 for a period of 24 months to ensure continuity of supply whilst the replacement procurement activity is completed, awarded and mobilised. LSL has reviewed its future requirements and determined that additional time is required to complete the successor procurement and associated implementation activities.

The extension is necessary to maintain uninterrupted supply and avoid operational disruption during this period. LSL considers Cooneen Defence Ltd to be the supplier capable of delivering the specified Waterproof Garments in line with all technical requirements and within the timescale required by the Authority.

The Authority considers that a change of supplier within the required timeframe would present significant operational and transition risks, creating a material risk to continuity of supply and operational support. The proposed extension does not materially alter the overall nature or scope of the contract.

At the time of publication, expenditure under the contract remains below the original advertised contract value of £15 million. The extension will enable the remaining contract value to be utilised over an extended delivery period, resulting in expenditure being spread across a total contract duration of six years rather than four years.

It is considered that this contract can be extended without prior publication of a contract notice pursuant to Article 32 of Directive 2014/24/EC of the European Parliament (Regulation 72(1)(c) and Regulation 32(5)(b) of PCR 2015). The extension is intended solely to maintain continuity of supply whilst the replacement procurement is concluded, and the successor contract is implemented.

This contract was originally tendered under PCR2015 using the Open Procedure in late 2022 for a 4-year contract. The advertised awarded contract value was £15M, with the current contract due to end on 28th February 2028.

Leidos Supply Ltd. now intends to extend the contract by 24-months as additional time is required to complete the successor procurement and associated implementation activities. The extension is necessary to maintain uninterrupted supply and avoid operational disruption during this period. The proposed contract extension, is on the basis that the provisions of PCR Regulation 72 (Modification of Contracts during their term): 72 (1) (c): apply- i.e.: “ …Contracts and framework agreements may be modified without a new procurement procedure ….. where all of the following conditions are fulfilled:— (i)the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen; (ii)the modification does not alter the overall nature of the contract; (iii)any increase in price does not exceed 50% of the value of the original contract or framework agreement.