Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2023/S 000-030836/EN)
Nature of contract: Supply contract
Procedure: Award of a contract without prior publication
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence
Postal address: MOD Abbey Wood, #8207, Rowan 2c
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Karen Lane
Email: karen.lane110@mod.gov.uk
Internet address(es):
Main address:

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: In-Service Support of X-Ray Generators, Real Time Systems and Film Processors

Reference number: SPSCM/01072
II.1.2) Main CPV code: 33111000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
In-Service Support of X-Ray Generators, Real Time Systems and Film Processors to provide a 17 month contract extension for continued in-service support to HUMIDOR and FLASHX Portable x-ray systems.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:200000.00
Currency:GBP
II.2) Description
II.2.2)Additional CPV code(s)
Main CPV code: 33111300
Main CPV code: 50421200

II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The Specialist Explosive Ordnance Disposal & Search (EOD&S), Exploitation & Countermeasures (“SEEC”) Delivery Team, part of Defence Equipment & Support (“DE&S”) within the UK Ministry of Defence (“MOD”), intends to amend Contract SPSCM/01072 with SDS Group Limited (“SDS”) for the In-Service Support of X-Ray Generators, Real Time Systems and Film Processors to provide a 17 month contract extension for continued in-service support to HUMIDOR and FLASHX Portable x-ray systems to bridge a capability gap which arises due to the intended competition and award of contract for replacement systems. The value at original contract award was approximately £800,000 (Ex VAT) and the estimated value of this amendment is £200,000 (Ex VAT).
In accordance with Regulation 4 of the Defence and Security Contracts (Amendment) (EU Exit) 2019 Regulations (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (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 the amendment of this contract without prior publication of a contract notice in the UK e-notification service (as required by the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the Defence and Security Public Contract Regulations 2011 (as amended) for technical reasons.
There is a strict impracticality for MOD to contract with another supplier, other than SDS. This is because SDS have the exclusive rights in the UK to provide these services on behalf of the Original Equipment Manufacturers (OEMs) and possess the specific technological expertise and access to relevant information to undertake the services and can alone provide a safety case for those services to meet the reasonable requirements of the MOD.

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: SPSCM/01072
Title: In-Service Support of X-Ray Generators Real Time Systems and Film Processors

V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2023-10-18
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: SDS Group Ltd
Postal address: Office Suite 2, Courtlands Farm, Turnden Road
Town: Cranbrook
Postal code: TN17 2QL
Country: United Kingdom
Telephone: +44 1580715038
Email: sales@sdsgroupltd.co.uk
Nuts code:
Internet address:
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 informationVI.4) Procedures for review
VI.4.1) Review body
Official name: Defence Equipment and Support
Postal address: Specialist EOD&S, Exploitation and Countermeasures Team, Abbey Wood, #8207, Rowan 2C
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2023-10-19

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

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 Specialist Explosive Ordnance Disposal & Search (EOD&S), Exploitation & Countermeasures (“SEEC”) Delivery Team, part of Defence Equipment & Support (“DE&S”) within the UK Ministry of Defence (“MOD”), intends to amend Contract SPSCM/01072 with SDS Group Limited (“SDS”) for the In-Service Support of X-Ray Generators, Real Time Systems and Film Processors to provide a 17 month contract extension for continued in-service support to HUMIDOR and FLASHX Portable x-ray systems to bridge a capability gap which arises due to the intended competition and award of contract for replacement systems. The value at original contract award was approximately £800,000 (Ex VAT) and the estimated value of this amendment is £200,000 (Ex VAT).
In accordance with Regulation 4 of the Defence and Security Contracts (Amendment) (EU Exit) 2019 Regulations (SI 2019/697) this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (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 the amendment of this contract without prior publication of a contract notice in the UK e-notification service (as required by the relevant legislation) is lawful in accordance with Regulation 16(1)(a)(ii) of the Defence and Security Public Contract Regulations 2011 (as amended) for technical reasons.
There is a strict impracticality for MOD to contract with another supplier, other than SDS. This is because SDS have the exclusive rights in the UK to provide these services on behalf of the Original Equipment Manufacturers (OEMs) and possess the specific technological expertise and access to relevant information to undertake the services and can alone provide a safety case for those services to meet the reasonable requirements of the MOD.