Type of document: Contract Notice
Country: United Kingdom
UK-Salisbury: Hospital and related services.
Preliminary Questions
This notice is published by:
Directive 2014/24/EU
Section I: Contracting authority/entity
I.1) Name and addresses
Ministry of Defence, DSTL, Defence Science & Technology Laboratory (DSTL)
Porton Down, Salisbury, SP4 0JQ, United Kingdom
Tel. +44 1980951303, Email: dmays@dstl.gov.uk
Contact: David Mays
Main Address: www.gov.uk/dstl
NUTS Code: UKK15
I.4) Type of the contracting authority (in the case of a notice published by a contracting authority)
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main Activity (in the case of a notice published by a contracting authority)
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 – Hospital and related services.
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
This contract is divided into lots: No
II.1.7) Total value of the procurement (excluding VAT)
Value: 165,000
Currency: GBP
II.2) Description
II.2.2) Additional CPV codes:
Not provided
II.2.3) Place of performance:
UKK15 Wiltshire CC
II.2.4) Description of the procurement:
Not provided
II.2.5) Award criteria
(Directive 2014/24/EU / Directive 2014/25/EU)
Price – Weighting: 10
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: DSTL/AGR/00749/01 Lot Number: Not Provided Title: Effects of Morphine on the Response to Simulated Trauma
V.2) Award of contract/concession
V.2.1) Date of contract award decision: 21/06/2011.
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:
James Cook University Hospital, South Tees NHS Foundation Trust,
Marton Road, Middlesbrough, TS4 3BW, United Kingdom
NUTS Code: UKK15
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: 37,000
Total value of the contract/lot/concession 165,000
Currency: GBP
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, DSTL, Defence Science & Technology Laboratory (DSTL)
Porton Dopwn, Salisbury, United Kingdom
Tel. +44 1980951303
V1.4.2) Body responsible for mediation procedures:
Ministry of Defence, DSTL, Defence Science & Technology Laboratory (DSTL)
Salisbury, United Kingdom.
VI.4.3) Review procedure
Not Provided
VI.4.4) Service from which information about the review procedure may be obtained
Not Provided
VI.5) Date of dispatch of this notice: 15/11/2017
Annex D1 – General Procurement
Justification for the award of the contract without prior publication of a call for competition in the Official Journal of the European Union
Directive 2014/24/EU
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 procurement falls outside the scope of application of the directive: Yes
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)
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 £37k 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, the total value of the proposed contract will be extended to £162,869.
DSTL considers this extension can be placed pursuant to regulation 14 of the Public Contracts Regulations 2015 (Article 14 of Directive 2014/24/EU) 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.