Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2016/S 250-461451/EN)
Nature of contract: Service contract
Procedure: Award of a contract without prior publication
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services
Directive 2014/24/EU

Directive 2014/24/EU

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Permanent Joint Headquarters
Postal address: Northwood Headquarters
Town: London
Postal code: HA6 3HP
Country: United Kingdom
Telephone: +44 367986862
Email: Defcomrclcc-jfc1b@mod.uk
Nuts code: UKI2
Internet address(es):
Main address: www.mod.uk

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: Active systems for the refrigeration and transportation of medical supplies.
II.1.2) Main CPV code: 39711130
II.1.3) Type of contract Services
II.1.4) Short Description:
The MOD requires an active refrigeration system for the transportation of medical supplies for a prolonged period. The container must be rechargeable on the move and cannot use dry-ice.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:472000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UK Main site or place of performance:United Kingdom.

II.2.4) Description of the procurement
PJHQ Commercial, part of the UK Ministry of Defence, intends to place a contract with Envirotainer Ltd – for the hire for a 12 month period of 12 envirotainers to provide refrigerated storage for critical medical commodities required to support UK’s forces deployed to meet the UK’s UN commitments in South Sudan.

II.2.5) Award criteria
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
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below
(please complete point 2 of the Annex D)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: CB/PJHQ/335
Title: Envirotainers — Refrigeration and Transportation of Operational Supplies

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2016-12-23
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
Official name: Envirotainer
Postal address: Envirotainer AB/Envirotainer, SE-194 61 Upplands
Town: Väsby
Country: Sweden
Nuts code: UKI2
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Initial estimated total value of the contract/lot/concession: 472000
Total value of the contract/lot/concession:472000
Currency:GBP
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

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 GO Reference: GO-20161224-DCB-9328807.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, C&C, C&C
Town: London
Country: United Kingdom
Telephone: +44 3067986862

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, C&C, C&C
Town: London
Country: United Kingdom
Telephone: +44 3067986862

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, C&C, C&C
Town: London
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2016-12-24

Other justification for the award of the contract without prior publication of a call for competition
in the Official Journal of the European Union
The procurement falls outside the scope of application of the directive

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:
PJHQ Commercial, part of the UK Ministry of Defence, intends to place a contract with Envirotainer Ltd – for the hire for a 12 month period of 12 envirotainers to provide refrigerated storage for critical medical commodities required to support UKs forces deployed to meet the UK’s UN commitments in South Sudan. It is considered that this contract can be placed using the negotiated procedure without prior publication pursuant to Article 32(2)(b)(ii) of Directive 2014/24/EU of the European Parliament and of the Council (Regulation 32(2)(b)(ii) of the Public Contracts Regulations 2015) on the basis that competition is absent for technical reasons.
The Contractor’s product is the only product available on the market which will meet the Authority’s specified and reasonable functional and reliability requirements in terms of specified duration and reliability of continuous refrigeration. This is due to the environment and location of the use of the product. Only an active powered refrigeration unit can meet the specification which takes into account what can be provided through the established UN supply chain. Any other possible equivalent product relies on dry ice which is unavailable both generally and to a sufficient degree of reliability to meet the Authority’s requirements. Furthermore any possible equivalent product would need to be tested for compatibility with the Authority’s available transportation aircraft and there is insufficient time to achieve this prior to the requirement being deployed