Halo Project

Tender description

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). It is considered that the Contract Award without prior publication of a contract notice in the UK e-notification service (as required by the relevant legislation) is lawful in accordance Regulation 16(1)(a)(ii) of the DSPCR 2011 for technical reasons and Regulation 16(1)(c)(i) for research and development services to which these Regulations apply. The contract may be awarded only to the Company for technical reasons. It has been assessed that the Company is the Design Authority and possesses the unique technical knowhow, tooling and test equipment to deliver this requirement. The Company owns and has sole rights to use a significant body of information and intellectual property which is required for performance of the requirement, and to which the Authority does not have the relevant rights or access. Furthermore, the contract may only be awarded to the Company for safety reasons and in accordance with Regulation 16(1)(c)(i) for research and development services to which these Regulations apply. The Company possesses specialist equipment, tooling, unique background knowledge to meet the Authority's technical requirements under the contract.