Defence Online

Type of document: Contract Notice
Country: United Kingdom

UK-Salisbury: Technical services.

Preliminary Questions
This notice is published by:
Directive 2014/24/EU

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, DSTL, Defence Science & Technology Laboratory (DSTL)
Porton Down, Salisbury, SP4 0JQ, United Kingdom
Tel. +44 1980957206, Email: torchard@dstl.gov.uk
Contact: Tim Orchard
Main Address:
NUTS Code: UKK1

I.4) Type of the contracting authority (in the case of a notice published by a contracting authority)
Ministry or any other national or federal authority, including their regional or local subdivisions

I.5) Main Activity (in the case of a notice published by a contracting authority)
Defence

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: NMR Spectrometer support contract.
Reference number: 1000115512

II.1.2) Main CPV code:
71356000 – Technical services.

II.1.3) Type of contract: SERVICES

II.1.4) Short Description: The Authority has a requirement for a support contract of a 5-year duration, to offer a Bruker Complete Care package for AVIII 600 NMR Spectrometer, AVIII 400 NMR Spectrometer and AVIII HD 400 OneBay NMR Spectrometer.

II.1.6) Information about lots
This contract is divided into lots: No

II.1.7) Total value of the procurement (excluding VAT)
Value: 402,600
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UKK1 Gloucestershire, Wiltshire and Bristol/Bath area

II.2.4) Description of the procurement:
Not provided

II.2.5) Award criteria
(Directive 2014/24/EU / Directive 2014/25/EU)

Cost criterion – Name: Technical ability to perform the work required under the contract / Weighting: 100

II.2.11) Information about options:
Options: No

II.2.13) Information about European Union funds:
The procurement is related to a project and/or programme financed by European Union funds: No

II.2.14) Additional information:
Not provided

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure: Negotiated procedure without prior publication (in accordance with Article 32 of Directive 2014/24/EU)

IV.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement: No

IV.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No

IV.2)Administrative Information

IV.2.1) Previous publication concerning this procedure:
Notice number in OJ S: Not provided

Section V: Award Of Contract/Concession

Award of Contract/Concession No: 1
Contract No: Not Provided Lot Number: Not Provided Title: Not Provided

V.2) Award of contract/concession

V.2.1) Date of contract award decision: 17/01/2017.

V.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No .

V.2.3) Name and address of the contractor/concessionaire, No. 1:
Bruker UK Limited
Coventry, CV4 9GH, United Kingdom
NUTS Code: UKK1
The contractor/concessionaire will be an SME: No

V.2.4) Information on value of the contract/lot/concession:
Initial estimated total value of the contract: 402,000
Total value of the contract/lot/concession 402,000
Currency: GBP

V.2.5) Information about subcontracting:
The contract is likely to be subcontracted: No

Section VI: Complementary Information

VI.3) Additional Information:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU:- This contract opportunity is published in the Official Journal of the European Union (OJEU),the MoD Defence Contracts Bulletin and www.contracts.mod.uk
VI.4) Procedures for review

VI.4.1) Review Body
Ministry of Defence, DSTL, Defence Science & Technology Laboratory (DSTL)
Salisbury, United Kingdom

V1.4.2) Body responsible for mediation procedures:
Not Provided .

VI.4.3) Review procedure
Not Provided

VI.4.4) Service from which information about the review procedure may be obtained
Not Provided

VI.5) Date of dispatch of this notice: 19/01/2017

Annex D1 – General Procurement
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2014/24/EU

1. Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article 32 of Directive 2014/24/EU

No tenders or no suitable tenders/requests to participate in response to: Not provided

The works, supplies or services can be provided only by a particular economic operator for the following reason: protection of exclusive rights, including intellectual property rights

Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive: No

Additional deliveries by the original supplier ordered under the strict conditions stated in the directive: No

New works/services, constituting a repetition of existing works/services and ordered in accordance with the strict conditions stated in the directive: No

Service contract to be awarded to the winner or one of winners under the rules of a design contest: No

Purchase of supplies or services on particularly advantageous terms: Not Provided

3. Explanation

Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is
lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum)
The Defence Science and Technology Laboratory (“DSTL”), part of the UK Ministry of Defence (MoD”), intends to award a five-year contract to Bruker Limited for the servicing, maintenance and applications support services of 3 Nuclear Magnetic Resonance (“NMR”) spectrometers (one 400 MHz, one 400 MHz micro-imaging system and NMR system and, one high performance 600 MHz spectrometer) including the cryogenic probe head, cryoplatform and other associated accessories. The contract value is £402,000.

It is considered that this contract can be awarded using the Negotiated Procedure Without Prior Publication pursuant to Article 32(2)(b)(ii) of Directive 2014/24/EU (Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015) as competition is absent for technical reasons.

This is because only Bruker Limited has the specific technical knowledge to carry out the maintenance of the NMR instruments, namely the helium cooled cryogenic probe head and cryoplatform system fitted to the high performance 600 MHz spectrometer. Additionally, Bruker Limited is the only supplier of a 400 MHz micro-imaging and NMR system. The highly technical nature of the equipment is unique to Bruker Limited and it would therefore be technically impracticable for any other economic operator to fulfil the contractual requirement.