Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 221-459988/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, DSTL, Defence Science & Technology Laboratory (DSTL)
Postal address: Porton Down
Town: Salisbury
Postal code: SP4 0JQ
Country: United Kingdom
Contact Person: David Mays
Telephone: +44 1980951303
Email: dmays@dstl.gov.uk
Internet address(es):
Main address: www.gov.uk/dstl

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: Effects of Morphine on the Response to Simulated Trauma.

Reference number: DSTL/AGR/00749/01
II.1.2) Main CPV code: 85110000
II.1.3) Type of contract Services
II.1.4) Short Description:
Dstl (the Authority) and James Cook University Hospital (the Contractor) are Co-Sponsors of a clinical trial to investigate the effects of morphine in the treatment of trauma victims.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:165000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKK15 Main site or place of performance:Wiltshire CC.

II.2.4) Description of the procurement
Dstl (the Authority) and James Cook University Hospital (the Contractor) are Co-Sponsors of a clinical trial to investigate the effects of morphine in the treatment of trauma victims.

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: DSTL/AGR/00749/01
Title: Effects of Morphine on the Response to Simulated Trauma

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2011-06-21
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: James Cook University Hospital, South Tees NHS Foundation Trust
Postal address: Marton Road
Town: Middlesbrough
Postal code: TS4 3BW
Country: United Kingdom
Nuts code:
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: 37000
Total value of the contract/lot/concession:165000
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-20171115-DCB-11397750.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, DSTL, Defence Science & Technology Laboratory (DSTL)
Postal address: Porton Dopwn
Town: Salisbury
Country: United Kingdom
Telephone: +44 1980951303

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, DSTL, Defence Science & Technology Laboratory (DSTL)
Town: Salisbury
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2017-11-15

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:
During July 2011, Dstl placed a Contract with a 5 month duration with South Tees Hospitals NHS Foundation Trust James Cook University Hospital (JCUH), supporting a clinical trial to investigate the ‘Effects of Morphine on the Response to Simulated Trauma’.
This Clinical Trial was not advertised or competed at that time as the original value was 37 000 GBP and was therefore outwith the requirements of the Public Contracts Regulations 2006 and Directive 2004/18/EC and further, in accordance with the principles of the research and development exemption (regulation 14) of the Public Contracts Regulations 2006, the service provided was not wholly funded by the procurer.
Dstl intends to extend the clinical trial period by another 6 months, this additional extension will result in the Dstl funding exceeding the financial threshold for services contracts of 106 047 GBP, the total value of the proposed contract will be extended to 162 869 GBP.
DSTL considers this extension can be placed pursuant to regulation 14 of the Public Contracts Regulations 2015 (Article 14 of Directive 2014/24/EU of the European Parliament and of the Council) on the basis that the contract is a research and development contract where the benefits do not accrue exclusively to DSTL as the trial is on a co-sponsored basis and is not wholly remunerated by DSTL.