Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 050-091906/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, DSTL, Defence Science and Technology Laboratory (DSTL)
Town: Salisbury
Postal code: SP4 0JQ
Country: United Kingdom
Contact Person: Simon Layton Jones
Telephone: +44 1980955234
Email: sjlaytonjones@dstl.gov.uk
Nuts code: UKK1
Internet address(es):
Main address: www.dstl.gov.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: Mass Spectrometer.
II.1.2) Main CPV code: 38433100
II.1.3) Type of contract Supplies
II.1.4) Short Description:
Supply of two Agilent 7890B Series gas chromatography mass spectrometry flame photometric detection 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:150000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKK1 Main site or place of performance:Gloucestershire, Wiltshire and Bristol/Bath area.
II.2.4) Description of the procurement
The Defence Science and Technology Laboratory, part of the UK Ministry of Defence, intends to award a supply contract to Agilent Technologies Ltd for the supply of 2 Agilent 7890B Series gas chromatography mass spectrometry flame photometric detection systems. The total value is 150 000 GBP.
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: 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:2017-03-08
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: Agilent Technologies LDA UK Limited
Postal address: Lakeside, Cheadle Royal Business Park, Cheshire
Town: Cheadle
Postal code: SK8 3GR
Country: United Kingdom
Telephone: +44 1614927500
Email: customercare_uk@agilent.com
Nuts code: UKD2
The contractor is an SME: no
V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Initial estimated total value of the contract/lot/concession: 150000.00
Total value of the contract/lot/concession:150000.00
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-201739-DCB-9760811.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, DSTL, Defence Science and Technology Laboratory (DSTL)
Town: Salisbury
Postal code: SP4 0JQ
Country: United Kingdom
Telephone: +44 1980955234
E-mail: sjlaytonjones@dstl.gov.uk
VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, DSTL, Defence Science and Technology Laboratory (DSTL)
Town: Salisbury
Postal code: SP4 0JQ
Country: United Kingdom
VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, DSTL, Defence Science and Technology Laboratory (DSTL)
Town: Salisbury
Postal code: SP4 0JQ
Country: United Kingdom
VI.5) Date of dispatch of this notice:
2017-03-09
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
Additional deliveries by the original supplier ordered under the strict conditions stated in 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 Defence Science and Technology Laboratory, part of the UK Ministry of Defence, intends to award a supply contract to Agilent Technologies Ltd for the supply of two Agilent 7890B Series gas chromatography mass spectrometry flame photometric detection systems. The total value is 150 000 GBP.
It is considered that this contract can be placed using the negotiated procedure without prior publication pursuant to Article 32(5)(b) of Directive 2014/24/EU of the European Parliament and of the Council should read Article 32(3)(b) of Directive 2014/24/EU of the European Parliament and of the Council.
DSTL wish to purchase 2 identical Agilent 7890B equipment, which is the only system allowing for the simultaneous collection of both mass spectrographic (either electron or chemical ionisation) and dual flame photometric detection data. The Agilent 7890B systems are identical to the current capability that The Defence Science and Technology Laboratory Analytical Chemistry area holds and validation on the current systems has already been performed. This validation is required to use the instruments for ISO 17025:2005 accredited method. If different instruments were used then significant changes to the accredited methods, subsequent validation and training would be required. To ensure continuity of the validation, the same system has to be used so that the assays are compatible with both instruments and perform to the same specifications. This work will not be transferable to any other detection system as the instrument settings have been optimised for use on the Agilent 7890B. Attempting to transfer to another system would invalidate all work to this point resulting in significant time and cost consequences.
A change of supplier would oblige the MoD to acquire a system which would have different technical characteristics resulting in incompatibility and disproportionate technical difficulties in operation.