DoJ FSNI Y-Str Profiling Kits for Use Within the Biology/DNA Workstreams

CPV: Clinical forensics equipment and supplies

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

27 Apr 2022, 09:34 BST

Last source update

27 Apr 2022, 09:34 BST

Authority reference

DAC 35/22

FTS notice number

2022/S 000-010789

Classification (CPV)

Clinical forensics equipment and supplies

Delivery area

Northern Ireland (UKN)

Official registry OCID

ocds-h6vhtk-0330c3 Find a Tender

Why no open competition

The works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

This application fulfils the general grounds 2b (ii): 'competition is absent for technical reasons', as not awarding the contract directly to [WITHHELD] will result in:

1. FSNI losing the wealth of experience already built by the other main FSPs who use this technique routinely in case-work. If FSNI were to employ the alternative [WITHHELD] kit, FSNI would need to build this experience locally over time, therefore reducing the immediate and ongoing effectiveness to the Northern Ireland CJS.
2. FSNI having a reduced input to, and benefit from, joint research projects involving the other main FSPs on Y-STR analysis and interpretation will be extremely limited. Projects of this kind are very useful for providing supporting data to the evidence presented in Court.
3. Discriminatory power of FSNI database searches being reduced on the forthcoming FINDS (Home Office) database as the alternative [WITHHELD] system will not be fully compatible with this database.
4. Using [WITHHELD] there would be no reduction in the statistical power when calculations to estimate the occurrence of a profile in the general population are carried out using the forthcoming 10,000 sample survey from FINDS. For the [WITHHELD] system which will not be fully compatible with this database there will be a reduction.
5. Modifications will be required to the forthcoming FINDS (Home Office) database to allow Y-STR profiles obtained from the [WITHHELD] system to be loaded. This will have additional costs and time constraints associated with it.

This application also fulfils the general grounds (iii): 'the protection of exclusive rights, including intellectual property rights', as [WITHHELD] is the sole supplier of the [WITHHELD] kit.

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.financeni.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 years from 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

No document links were published on the notice.