Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 040-072879/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies
Directive 2014/24/EU

Directive 2014/24/EU

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, C&C, Defence Medical Services (DMS)
Postal address: DMS Whittington
Town: Lichfield
Postal code: WS14 9PY
Country: United Kingdom
Contact Person: Kelvin Edwards
Telephone: +44 1543434723
Email: DefComrclCC-JFC6c1@mod.uk
Nuts code: UK
Internet address(es):
Main address: 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: Provision of a of Computer Assisted Rehabilitation Environment (CAREN) High End System.

Reference number: JFC6c/00022
II.1.2) Main CPV code: 48180000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The delivery, installation and maintenance of a Computer Assisted Rehabilitation Environment (CAREN). It must be capable of providing a 3D Virtual Reality environment utilising control software, a motion capture system, an instrumented treadmill mounted on a motion platform, a projection and a sound system in a 360 degree dome for a fully immersive experience.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:1200000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UK Main site or place of performance:United Kingdom.

II.2.4) Description of the procurement
The delivery, installation and maintenance of a Computer Assisted Rehabilitation Environment (CAREN). It must be capable of providing a 3D Virtual Reality environment utilising control software, a motion capture system, an instrumented treadmill mounted on a motion platform, a projection and a sound system in a 360 degree dome for a fully immersive experience.

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 prior publication(in accordance with Article 32 of Directive 2014/24/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
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2017-02-22
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: Summit Medical and Scientific
Postal address: 12 Swanns Meadow
Town: Leatherhead
Country: United Kingdom
Nuts code: UK
The contractor is an SME: yes

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Initial estimated total value of the contract/lot/concession: 1200000.00
Total value of the contract/lot/concession:1200000.00
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-2017223-DCB-9665649.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, C&C, Defence Medical Services (DMS)
Town: Lichfield
Postal code: WS14 9PY
Country: United Kingdom
Telephone: +44 1543434723

VI.5) Date of dispatch of this notice:
2017-02-23

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 prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
The works, supplies or services can be provided only by a particular economic operator for the following reason:
protection of exclusive rights, including intellectual property rights

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 Authority intends to place a contract with Summit Medical LTD for the delivery, installation and maintenance of a Computer Assisted Rehabilitation Environment (CAREN). It must be capable of providing a 3D Virtual Reality environment utilising control software, a motion capture system, an instrumented treadmill mounted on a motion platform, a projection and a sound system in a 360 degree dome for a fully immersive experience. It is considered that this contract can be placed using the negotiated procedure without prior publication pursuant to Article 32(2)(b)(ii) and 32(2)(b)(iii) of Directive 2014/24/EU of the European Parliament and of the Council (Regulations 32(2)(b)(ii) and 32(2)(b)(iii) of Public Contracts Regulations 2015) on the basis that competition is absent for technical reasons and the protection of exclusive rights.
The Authority considers that MOTEK is the only company in the world that can meet the Authority’s specified and reasonable requirements of providing the 3D Virtual Reality environment. Furthermore, MOTEK have provided Summit Medical with exclusivity rights for the distribution of CAREN within the United Kingdom and because of this, the Authority cannot enter contractual negotiations with another distributor of the CAREN.