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.