Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-007796/EN)
Nature of contract: Service contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Services

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Defence Science and Technology Laboratory
Postal address: Porton Down
Town: Salisbury, Wiltshire
Postal code: SP4 0JQ
Country: United Kingdom
Email: ADPProcurement@dstl.gov.uk
Internet address(es):
Main address: www.contracts.mod.uk
Address of the buyer profile: www.contracts.mod.uk

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: Development and Manufacture of HI-6 Powder for Solution
II.1.2) Main CPV code: 73100000
II.1.3) Type of contract Services
II.1.4) Short Description:
The Defence Science and Technology Laboratory (Dstl), part of the UK Ministry of Defence, intends to award a Single Source Non-Qualifying Defence Contract valued at up to £1,200,000 (EX VAT) with Evonik Corporation of 299 Jefferson Rd, Parsippany, New Jersey, 07054-2827, United States (“the Contractor”) for the development, scale-up, clinical trial and manufacture of HI-6 DMS powder for solution product. The Contractor will provide manufacturing studies necessary for all stages of product development. The Authority will provide the Active Pharmaceutical to the supplier for all activities.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI No.2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) as amended (in particular by SI 2019/697 and SI 2020/1450).  Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that this Contract can be placed, using the Negotiated Procedure Without Prior Publication of a Contract Notice pursuant in the UK e-notification service (as required by the relevant legislation) and is lawful in accordance with Regulation 16(1)(a)(i) of the DSPCR 2011 on the basis that the Contractor is the sole applicant to contract notice reference: 030221-2022 as amended by Notice reference 030278-2022.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1200000
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 33661700
Main CPV code: 33690000
Main CPV code: 73300000

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Defence Science and Technology Laboratory (Dstl), part of the UK Ministry of Defence, intends to award a Single Source Non-Qualifying Defence Contract valued at up to £1,200,000 (EX VAT) with Evonik Corporation of 299 Jefferson Rd, Parsippany, New Jersey, 07054-2827, United States (“the Contractor”) for the development, scale-up, clinical trial and manufacture of HI-6 DMS powder for solution product. The Contractor will provide manufacturing studies necessary for all stages of product development. The Authority will provide the Active Pharmaceutical to the supplier for all activities.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI No.2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) as amended (in particular by SI 2019/697 and SI 2020/1450).  Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that this Contract can be placed, using the Negotiated Procedure Without Prior Publication of a Contract Notice pursuant in the UK e-notification service (as required by the relevant legislation) and is lawful in accordance with Regulation 16(1)(a)(i) of the DSPCR 2011 on the basis that the Contractor is the sole applicant to contract notice reference: 030221-2022 as amended by Notice reference 030278-2022.

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
Negotiated procedure without publication of a contract notice(in accordance with Article 28 of Directive 2009/81/EU)
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: yes
IV.2) Administrative information

Section V: Award of contract/concession
Title: Powder For Solution (PFS)

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-03-17
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Evonik Corporation
Postal address: 299 Jefferson Road, New Jersey
Town: Parsippany
Postal code: 07054-2827
Country: United States
Nuts code:
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
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
V.2.5) Information about subcontracting
The contract/lot/concession is likely to be subcontracted
Value or proportion likely to be subcontracted to third parties

Section VI: Complementary information
VI.3) Additional information:
This notice is not a request for expressions of interest so please do not apply to be invited to tender. This notice advises that the Authority has decided to negotiate a contract with the named supplier on a single source basis, and is published for reasons of transparency. If you are interested in becoming a sub-contractor for this requirement, you should apply directly to the supplier named above.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Defence Science and Technology Laboratory
Postal address: Porton Down
Town: Salisbury
Postal code: SP4 0JQ
Country: United Kingdom

VI.4.2) Body responsible for mediation procedures
Official name: Defence Science and Technology Laboratory
Postal address: Porton Down
Town: Salisbury, Wiltshire
Postal code: SP4 0JQ
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-03-17

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 publication of a call for competition in accordance with
Article 28 of Directive 2009/81/EU

No tenders or no suitable tenders/requests to participate in response to:
negotiated procedure with prior publication of a contract notice

The products involved are manufactured purely for the purpose of research, experiment,study or development under the conditions
stated in the directive(for services and supplies only)

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, intends to award a Single Source Non-Qualifying Defence Contract valued at up to £1,200,000 (EX VAT) with Evonik Corporation of 299 Jefferson Rd, Parsippany, New Jersey, 07054-2827, United States (“the Contractor”) for the development, scale-up, clinical trial and manufacture of HI-6 DMS powder for solution product. The Contractor will provide manufacturing studies necessary for all stages of product development. The Authority will provide the Active Pharmaceutical to the supplier for all activities.
In accordance with regulation 4 of The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI No.2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011) as amended (in particular by SI 2019/697 and SI 2020/1450).  Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that this Contract can be placed, using the Negotiated Procedure Without Prior Publication of a Contract Notice pursuant in the UK e-notification service (as required by the relevant legislation) and is lawful in accordance with Regulation 16(1)(a)(i) of the DSPCR 2011 on the basis that the Contractor is the sole applicant to contract notice reference: 030221-2022 as amended by Notice reference 030278-2022.