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Type of document: Contract Notice
Country: United Kingdom

UK-Bristol: Radiography devices.

Preliminary Questions
This notice is published by:
Directive 2009/81/EC

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, Land Equipment, Special Projects SCM (SPSCM)
MOD Abbey Wood, Bristol, BS34 8JH, United Kingdom
Email: DESLESTSPSPSCM-Comrcl3@mod.uk
Main Address:
NUTS Code: UKK1

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: In Service Support for X Ray Generators & Imaging Systems.
Reference number: SPSCM/01072

II.1.2) Main CPV code:
33111600 – Radiography devices.

II.1.3) Type of contract: SERVICES

II.1.4) Short Description: In Service Support for X Ray Generators & Imaging Systems

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

II.1.7) Total value of the procurement (excluding VAT)
Value: 1,000,000
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 2009/81/EC)

Lowest Price

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 publication of a contract notice (in accordance with Article 28 of Directive 2009/81/EC)

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: SPSCM/01072 Lot Number: Not Provided Title: In Service Support for X Ray Generators & Imaging Systems

V.2) Award of contract/concession

V.2.1) Date of contract award decision: 30/01/2017.

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:
SDS Group Ltd
Office Suite 2, Courtlands Farm Turnden Road, Cranbrook, TN17 2QL, United Kingdom
NUTS Code: UKJ4
The contractor/concessionaire will be an SME: Yes

V.2.4) Information on value of the contract/lot/concession:
Initial estimated total value of the contract: 1,000,000
Total value of the contract/lot/concession 1,000,000
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, Land Equipment, Special Projects SCM (SPSCM)
Bristol, United Kingdom

V1.4.2) Body responsible for mediation procedures:
Ministry of Defence, Land Equipment, Special Projects SCM (SPSCM)
Bristol, United Kingdom.

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: 22/02/2017

Annex D3 – Defence and Security
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2009/81/EC

1. Justification for the choice of the negotiated procedure without publication of a call for competition in accordance with Article 28 of Directive 2009/81/EC

No tenders or no suitable tenders/requests to participate in response to: restricted procedure

The contract concerns research and development services other than those referred to in Article 13 of Directive 2009/81/EC: No

The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive: No

All tenders submitted in reply to a restricted procedure, negotiated procedure with prior publication of a contract notice or competitive dialogue were irregular or unacceptable. Only those tenderers were included in the negotiations which have satisfied the qualitative selection criteria: No

The works, supplies or services can be provided only by a particular economic operator for the following reason: Not Provided

The periods for the restricted procedure and the negotiated procedure with prior publication of a contract notice are incompatible with the urgency resulting from a crisis: No

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

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

Contract related to the provision of air and maritime transport services for the armed forces of a Member State deployed or to be deployed abroad, under the strict conditions stated in the directive: No

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 Special Projects Search and Counter measures Team (SPSCM), as part of the UK Ministry of Defence (“MOD”) intends to award a contract to SDS Group Ltd, ETV £1M for the In Service Support (ISS) of the Computed Radiography Systems X-Ray Generators, Real Time Systems and Film Processors. It is considered that this contract can be placed using the Negotiated Procedure without prior publication of a contract notice pursuant to Article 28(1)(a) of Directive 2009/81/EC (Regulation 16(1)(a)(i) of the UK Defence and Security Public Contracts Regulations 2011) and Article 28 (1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the UK Defence and Security Public Contracts Regulations 2011) consecutively.

A Contract Notice and DPQQ were published (Tender No.: 432838-2016) to seek a single potential ISS provider for the Sponsor’s DEOS suite of Radiography systems; two responses were received of which SDS Group Ltd was one. Both potential bidders tendered only to support their own equipment and therefore failed to reach the minimum pass rate on technical knowledge grounds.
To re-advertise the requirement with a revised scope would weaken the required ISS levels vital to maintain the capabilities. To retain the specific know-how and technical expertise required to maintain the X-Ray Generators, Real Time Systems and Film Processors the contract must be awarded to a particular economic operator proficient in this field. If the contract was performed by an inexperienced third party then any modifications or repairs to the systems would need to be supported by completely new Technical Data Pack at considerable time and expense
As the market testing failed to generate the required response to provide a Prime Contractor to manage the ISS for the Authority’s Computed Radiography equipment, it is therefore considered that the only remaining Procurement route is to place a Single Source contract with the respective equipment OEM.


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