Sale of Defence Support Group

Sale of Defence Support Group

Sale of the Defence Support Group – Intellectual Property Rights – Intention to Carry Out a Consultation Process with Industry. For details see additional information.

United Kingdom-London: Repair and maintenance services of military vehicles

2013/S 128-220162

Prior information notice

Services

Directive 2004/18/EC

Section I: Contracting authority

I.1)Name, addresses and contact point(s)

DE&S BSG Commercial, DE&S
3-M-49 MOD Main Building, Horseguards Avenue
For the attention of: Terry Pocock
SW1A 2HB London
UNITED KINGDOM

Further information can be obtained from: The above mentioned contact point(s)

I.2)Type of the contracting authority

Ministry or any other national or federal authority, including their regional or local sub-divisions
I.3)Main activity

Defence
I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: no

Section II.B: Object of the contract (Supplies or services)

II.1)Title attributed to the contract by the contracting authority:

Sale of Defence Support Group.
II.2)Type of contract and place of delivery or of performance

Service category No 2: Land transport services [2], including armoured car services, and courier services, except transport of mail
II.3)Information on framework agreement
II.4)Short description of nature and quantity or value of supplies or services:

Sale of the Defence Support Group – Intellectual Property Rights – Intention to Carry Out a Consultation Process with Industry. For details see additional infomation.
II.5)Common procurement vocabulary (CPV)

50630000

II.6)Scheduled date for start of award procedures

16.10.2013
II.7)Information about Government Procurement Agreement (GPA)

The contract is covered by the Government Procurement Agreement (GPA): yes
II.8)Additional information:

Sale of the Defence Support Group (DSG) – Prior Information Note (PIN)
Intellectual Property Rights – Notification of Intention to Carry Out a Consultation Process with Industry
Background
1. The Defence Support Group (DSG) is a Trading Fund wholly owned by the UK Secretary of State for Defence. It carries out repair and overhaul of the Army’s armoured vehicles and light weapons, and also provides services directly to the front line across the majority of land platforms through in-barracks support.
2. In 2010, the UK Ministry of Defence (MOD) committed to sell DSG, as part of a wider Asset Management Programme, and Ministers have recently reaffirmed this intention to sell, subject to further internal assessment.
3. DSG has been operating as an ‘arms-length’ organisation from the core MOD for a number of years, including whilst under its previous guises of the Army Base Repair Organisation (ABRO) and the Defence Aviation Repair Agency (DARA).
4. The British Armed Forces (predominantly the Army) are the primary customer for DSG and the long-term vision for DSG is a transformed organisation with greater technical capabilities, introduced post sale, able to perform a more intelligent equipment management and support role than is currently the case.
5. Since DSG supports capabilities which remain essential to the MOD, a new service provision contract will be put in place such that the newly sold DSG (New DSG) can continue to deliver its range of services post sale to the MOD.
Scope of Services to be provided by New DSG
6. It is intended that New DSG will continue to provide the following services in respect of Land platforms and equipment to the MOD:
– Land Equipment Support
— Level 1-3 Maintenance Repair and Overhaul (MRO) – Routine servicing and maintenance of vehicles,
— Level 4 MRO of vehicles and equipment currently provided at Donnington and Bovington,
— Light Weapons Strategic Support currently provided at Donnington.
– Receipt, Inspection and Storage
— Provision of services for the receipt, inspection and storage of vehicles and equipment currently at Ashchurch.
– Deployed Support Operations
— In theatre deployed support for ongoing operations,
— Support to vehicles and other equipment.
– Land Supply (through DSG’s Land Supply Business Unit (LSBU))
— Procurement function,
— Sourcing Land supplies and wider use commodities.
7. The MOD is exploring the potential for New DSG to provide broader services following a transformational process. These new services may include the requirement for DSG to operate as a Strategic Support Supplier (SSS) for certain platforms and the provision of a Fleet Management capability. This announcement is, however, not intended to cover these additional services. If, in the future, the MOD plans to broaden the services to be provided by New DSG, including in relation to Electronics and Components Business Unit (ECBU) which is assumed to be excluded from the scope of sale, the MOD will advise and consult separately about the use of any intellectual property (IP) contained within other applicable technical publications in addition to those outlined below.
Intellectual property rights
8. The MOD wishes to enable New DSG to provide the full scope of services, described above in paragraph 6, to the MOD without IP hindrance and will therefore need to give New DSG access to, and permission to use, certain technical publications (including other related publications referred to in them or otherwise) and any related rights corresponding to the platforms and equipment currently maintained by DSG.
9. In so doing, the MOD will require that the technical publications are used by New DSG exclusively for the purpose of its performance of the services to the United Kingdom Government and prohibit the information from being otherwise copied, transferred to a third party or used for any other purposes.
10. It is therefore initiating a consultation process with industry to ensure that there are no ongoing conflicts with regard to the IP used by DSG in carrying out its business and that the rights of all parties concerned are respected.
11. The purpose of this announcement is to initiate such a process, based on the Competing For Quality (CFQ) Protocol. This process provides a framework for owners of the Intellectual Property contained within technical publications required for the provision of services post sale by DSG to note this proposed course of action and either confirm that they do not object, or raise specific objections (if any) and subsequently engage in discussions with the MOD where necessary.
12. This process will continue through July and August 2013. Therefore, any company which owns IP associated with the provision of services by New DSG is invited to respond by email as required at paragraph 11 above to the MOD point of contact, detailed below, by 31 July 2013. The MOD will make reasonable endeavours to resolve any specific objections about the disclosure of specific technical publications to New DSG at the earliest opportunity, and will engage on a bilateral basis where necessary.
13. The point of contact for this process is
DE&S LE Commercial
David Skevington
Email: DESLEComrcl-CFQ-Mailbox@mod.uk.

14. Where a company does have a specific objection, it should provide details of the specific technical publications in question along with comments and reasons when making contact In addition, where any company is uncertain whether its equipment is intended to be supported by New DSG, they should contact the point of contact above for clarification.
Disclaimer
15. It should be noted that by issuing this notice, the MOD is not committing to carry out any sale process of any sort in the future.

Section III: Legal, economic, financial and technical information

III.1)Conditions relating to the contract
III.1.1)Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them:
III.2)Conditions for participation
III.2.1)Information about reserved contracts

Section VI: Complementary information

VI.1)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: no
VI.2)Additional information:

GO Reference: GO-201373-DCB-4924653
VI.3)Information on general regulatory framework

VI.4)Date of dispatch of this notice:3.7.2013