Defence Online

Type of document: Contract Notice
Country: United Kingdom

UK-Lichfield: Medical software package.

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

Section I: Contracting authority/entity

I.1) Name and addresses
Ministry of Defence, C&C, Defence Medical Services (DMS)
DMS Whittington, Lichfield, WS14 9PY, United Kingdom
Tel. +44 1543434723, Email: DefComrclCC-JFC6c1@mod.uk
Contact: Kelvin Edwards
Main Address: www.contracts.mod.uk
NUTS Code: UK

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: Provision of a of Computer Assisted Rehabilitation Environment (CAREN) High End System.
Reference number: JFC6c/00022

II.1.2) Main CPV code:
48180000 – Medical software package.

II.1.3) Type of contract: SUPPLIES

II.1.4) Short Description: The delivery, installation and maintenance of a Computer Assisted Rehabilitation Environment (CAREN). It must be capable of providing a 3D Virtual Reality environment utilising control software, a motion capture system, an instrumented treadmill mounted on a motion platform, a projection and a sound system in a 360 degree dome for a fully immersive experience.

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

II.1.7) Total value of the procurement (excluding VAT)
Value: 1,200,000
Currency: GBP

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
UK UNITED KINGDOM

II.2.4) Description of the procurement:
Not provided

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

Not provided

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:Yes

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: 22/02/2017.

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:
Summit Medical and Scientific
12 Swanns Meadow, Leatherhead, United Kingdom
NUTS Code: UK
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: 1,200,000
Total value of the contract/lot/concession 1,200,000
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, C&C, Defence Medical Services (DMS)
Lichfield, WS14 9PY, United Kingdom
Tel. +44 1543434723

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: 23/02/2017

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

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

Procurement of supplies quoted and purchased on a commodity market: 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 Authority intends to place a contract with Summit Medical LTD for the delivery, installation and maintenance of a Computer Assisted Rehabilitation Environment (CAREN). It must be capable of providing a 3D Virtual Reality environment utilising control software, a motion capture system, an instrumented treadmill mounted on a motion platform, a projection and a sound system in a 360 degree dome for a fully immersive experience. It is considered that this contract can be placed using the negotiated procedure without prior publication pursuant to Article 32(2)(b)(ii) and 32(2)(b)(iii) of Directive 2014/24/EU of the European Parliament and of the Council (Regulations 32(2)(b)(ii) and 32(2)(b)(iii) of Public Contracts Regulations 2015) on the basis that competition is absent for technical reasons and the protection of exclusive rights.

The Authority considers that MOTEK is the only company in the world that can meet the Authority’s specified and reasonable requirements of providing the 3D Virtual Reality environment. Furthermore, MOTEK have provided Summit Medical with exclusivity rights for the distribution of CAREN within the United Kingdom and because of this, the Authority cannot enter contractual negotiations with another distributor of the CAREN