Defence Online

Type of document: Contract Notice
Country: United Kingdom
Publication Ref: (2024/S 000-020349/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
Town: Bristol
Country: United Kingdom
Email: desshipscomrcl-salmo-multiuser@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 Extended Duration Breathing Apparatus

Reference number: 707614450
II.1.2) Main CPV code: 98300000
II.1.3) Type of contract Services
II.1.4) Short Description:
Defence Equipment and Support Group (DE&S), part of the UK Ministry of Defence (the
Authority), proposes to place a single source contract with Scott Health & Safety Ltd (Scott
Safety) who are owned by 3M. This contract will be for the In-Service Support of the current
Extended Duration Breathing Apparatus (EDBA) which is an In-Service Navy Capability
which enables vessels and shore establishments to perform firefighting duties. This contract
is to be placed for the Contract term of 1st January 2025 up to 31st December 2030, this is
made up of 3 years (plus 1 +1 option years).
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:5350000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code:
II.2.4) Description of the procurement
The contract is for the provision of in-service support (including management and technical support), spares, repair and refurbishment, engineering support and Ad Hoc Tasking of the current EBDA equipment.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
2 x 1 year (January 2028 – December 2029)

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: no
IV.2) Administrative information

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2024-07-03
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: Scott Health and Safety Ltd
Town: Skelmersdale
Country: United Kingdom
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 informationVI.4) Procedures for review
VI.4.1) Review body
Official name: DE&S Ships
Town: Bristol
Country: United Kingdom

VI.5) Date of dispatch of this notice:
2024-07-03

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:
In accordance with the provisions of Regulation 4 of the Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697), this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 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 the award of this contract without prior publication of a Contract Notice in the UK e-notification service (in accordance with the relevant legislation) is lawful in accordance with Regulation 16 (1)(a)(ii) of the Defence and Security Public Contract Regulations 2011 because competition is absent for technical reasons and Regulation 16 (1) (b) (i) (bb) relating to disproportionate technical difficulties in the operation of the existing equipment.

This is because Scott Health and Safety Ltd is the original equipment manufacturer (OEM) for the EDBA set (Scott Safety ProPak). As the OEM and Design Authority (DA), Scott Health & Safety Ltd is the only economic operator that has access to the design documentation, specifications and test reports and Scott Health & Safety Ltd owns all proprietary information and documentation, including the special tooling and machinery (which manufactures the bespoke EDBA Set and Spares), that is essential in fulfilling the requirement. The Authority does not have any proprietary rights in, nor does it have access to, the design documentation, specifications, test reports or specialist tooling and machinery and is therefore unable to pass this information on to any third party.
EDBAs are a safety critical item. Personnel are trained to use only one variant of EDBAs; using different equipment would result in disproportionate technical difficulties in operation by Royal Navy (RN) personnel and incompatibility with existing RN equipment. Introducing another type of EDBA would introduce an unacceptable safety risk to personnel.