DoJ FSNI Purchase of Helium BIPS for Instrumental Analysis

CPV: For laboratory use · Gas cylinders · Helium

Procedure method

Award procedure without prior publication of a call for competition

Legal basis

CELEX · 32014L0024 Public Contracts Regulations 2015 (Directive 2014/24/EU)

Procurement category

Goods

Notice status

Awarded without competition

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Direct award (no call for competition)

GPA / WTO covered

Yes (GPA)

Recurring procurement

Unspecified in notice

First published

1 Sept 2021, 10:12 BST

Last source update

14 Sept 2021, 11:40 BST

Authority reference

DOJDAC 18/21

FTS notice number

2021/S 000-022784

Classification (CPV)

For laboratory useGas cylindersHelium

Delivery area

Northern Ireland (UKN0)

Official registry OCID

ocds-h6vhtk-02dbab Find a Tender

Why no open competition

The procurement falls outside the scope of application of the directive

Published justification

FSNI first tested the market for Helium with BIPS in 2013 when they tendered for the Supply & Delivery of Gases, this product had to be removed from the tender specification as only one supplier was permitted to supply Helium BIPS. Horizon scanning has continued since then to understand whether there may be an alternative in provision that could provide the same level of purity required and recent market sounding has confirmed that there remains no alternative to the patented product offered by the designated supplier. BIPS cylinders are exclusive to the designated supplier, who developed and own the Built In Purification System. They have this system patented, therefore no other supplier can offer the same or similar products.

All public procurements should comply with NI Public Procurement Policy (NIPPP) and Managing Public Money NI.

The value of this Direct Award Contract (DAC) is above the relevant threshold and therefore the Public Contracts Regulations 2015 (as amended) apply. There are derogations

under the regulations to award a contract to a single supplier where the supplies or services can only be supplied by a particular supplier for any of the following reasons:-

Where competition is absent for technical reasons (regulation 32(2)(b)(ii); or

i) For reasons connected with the protection of exclusive rights, including intellectual property rights (regulation 32(2)(b)(iii))

but only where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement.

In this case as the BIPS system is patented and is further essential to provide the critical

quality and purity of gases required for FSNI instrumentation.

In applying the regulation 32 derogation, CPD, on behalf of FSNI, published a voluntary transparency notice in the Find a Tender Service (FTS) Official Journal (the UK's

EU Journal equivalent). This notice was published at least 10 days before the intended contract award date. FSNI did not enter into or sign any contract document ahead of the issue of the agreed CPD award letter.

Publisher note: Please note that information relating to contractors engaged by the Northern Ireland Department of Justice,and associated bodies, is not published in any publicly accessible forum or publication. This is to protect such contractors, whose security and safety could be threatened by dissident terrorist organisations still active in Northern Ireland if their details became known. This is consistent with Regulation 50(6)(a). The estimated contract value is a broad estimate only and includes additional quantum for unforeseen demand and to future proof. There is no guarantee of any level of business under this contract. The estimate is not deemed to be a condition of contract nor a guarantee of minimum demand or uptake. No compensation will be payable to a contractor should the actual demand be less than that stated. The successful contractor's performance on this contract will be managed as per specification and regularly monitored (see Procurement Guidance Note 01/12 Contract Management: https://www.finance-ni.Gov.uk/sites/default/ files/publications/dfp/PGN-01012-Contract-Management-Principles-Procedures-25-Sept-2017.PDF ). Contractors not delivering on contract requirements is a serious matter. It means the public Purse is not getting what it is paying for. If a contractor fails to reach satisfactory levels of contract performance they will be given a specified time to improve. If, after the specified time, they still fail to reach satisfactory levels of contract performance, the matter will be escalated to senior management in Construction and Procurement Delivery for further action. If this occurs and their performance still does not improve to satisfactory levels within the specified period, it may be regarded as an act of grave professional misconduct and they may be issued with a notice of written warning and notice of unsatisfactory performance and this contract may be terminated.The issue of a notice of written warning and notice of unsatisfactory performance will result in the Contractor being excluded from all procurement competitions being undertaken by Centres of Procurement Expertise on behalf of bodies covered by the Northern Ireland Procurement Policy for a period of up to 3 yearsfrom the date of issue of the notice.

• As per Regulation 50(6)(a) - information withheld for security reasonsAwarded supplier As per Regulation 50(6)(a) - information withheld for security reasons, UK
• Information withheld for security reasonsAwarded supplier Information withheld for security reasons, UK

No document links were published on the notice.