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Type of document: Contract Notice
Country: United Kingdom

UK-Bristol: Remote-control equipment.

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)
Rowan 2c, MOD Abbey Wood, Bristol, BS34 8JH, United Kingdom
Email: DESLESTSP-SPSCM-Comrcl1a@mod.uk
Main Address:
NUTS Code: IE

Section II: Object

II.1) Scope of the procurement

II.1.1) Title: Supply of EOD RCVs.
Reference number: SPSCM/01069

II.1.2) Main CPV code:
38820000 – Remote-control equipment.

II.1.3) Type of contract: SUPPLIES

II.1.4) Short Description: Contract for the supply of 6 x Digital Vanguard ROVs, together with ongoing relevant spares provision.
The ongoing spares and maintenance provision element of the contract is not expected to exceed 5 years

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

II.1.7) Total value of the procurement (excluding VAT)
Value: 722,820
Currency: USD

II.2) Description

II.2.2) Additional CPV codes:
Not provided

II.2.3) Place of performance:
IE0 IRELAND

II.2.4) Description of the procurement:
Not provided

II.2.5) Award criteria
(Directive 2009/81/EC)

The most economically advantageous tender in terms of: Criterion – Weighting

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: 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

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: 23/01/2017.

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:
MED-Eng,LLC
103 Tulloch Drive, Ogdensburg, 13669, United States
NUTS Code: IE0
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: 722,820
Total value of the contract/lot/concession 722,820
Currency: USD

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)
Rowan 2c, DE&S Abbey Wood, Bristol, BS34 8JH, United Kingdom

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

VI.4.3) Review procedure
Not Provided

VI.4.4) Service from which information about the review procedure may be obtained
Ministry of Defence, Land Equipment, Special Projects SCM (SPSCM)
Bristol, United Kingdom

VI.5) Date of dispatch of this notice: 24/01/2017

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

2. 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 contract has as its object services listed in Annex II B to the directive: Yes
The procurement falls outside the scope of application of 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)
It is considered that this contract can be placed using the negotiated procedure without prior publication pursuant to Articles 28(1)(e) and 28(3)(a) of Directive 2009/81/EC (Regulations 16(1) (a) (ii) and 16(1)(b)(i) of the Defence and Security Public Contracts Regulations 2011. This is because to procure ROVs from a manufacturer other than the Company would oblige the Authority to acquire goods having different technical characteristics which would result in incompatibility with the Authority’s and other partner nation’s existing goods thereby negating the purpose of the Contract. It is operationally essential that students train with the same specification ROV they deploy on operations. In addition purchase of a different ROV and the introduction of a different supplier in respect of spares provision and maintenance would create disproportionate technical difficulties in the operation and maintenance of the existing ROVs.

In addition the ROVs are required to interoperate and be compatible with existing third party equipments. To introduce a different ROV would require the Authority to undertake new safety and suitability for service testing and verification, causing significant inconvenience, delay and substantial duplication of costs for the Authority.

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