Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 014-022007/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
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, DSTL, Defence Science & Technology Laboratory (DSTL)
Postal address: Porton Down
Town: Salisbury
Postal code: SP4 0JQ
Country: United Kingdom
Contact Person: Tim Orchard
Telephone: +44 1980957206
Email: torchard@dstl.gov.uk
Nuts code: UKK1
Internet address(es):
Main address:

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: NMR Spectrometer support contract.

Reference number: 1000115512
II.1.2) Main CPV code: 71356000
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
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:402600.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKK1 Main site or place of performance:Gloucestershire, Wiltshire and Bristol/Bath area.

II.2.4) Description of the procurement
The Authority has a requirement for a support contract of a 5-year duration, to offer a Complete Care package for AVIII 600 NMR Spectrometer, AVIII 400 NMR Spectrometer and AVIII HD 400 OneBay NMR Spectrometer. These assets are based at Porton Down. This package includes unlimited service call-outs, scheduled maintenance visits, all on-site labour and parts and accidental damage cover.

II.2.5) Award criteria
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
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.1.8) 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
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2017-01-17
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: Bruker UK Limited
Town: Coventry
Postal code: CV4 9GH
Country: United Kingdom
Nuts code: UKK1
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: 402000.00
Total value of the contract/lot/concession:402000.00
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-2017119-DCB-9415469.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, DSTL, Defence Science & Technology Laboratory (DSTL)
Town: Salisbury
Country: United Kingdom

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

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
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
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

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:
The Defence Science and Technology Laboratory (“DSTL”), part of the UK Ministry of Defence (MoD”), intends to award a 5-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 GBP.
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 of the European Parliament and of The Council (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.