Hyperbaric Monitors-UK5 · UK public procurement notice

Single Suppliers Technical Reasons; Additional Repeat Extension Partial Replacement; Defence Security Operational

There is a requirement to contract for the purchasing of 2 new Corplus 3 Hyperbaric Monitors, associated maintenance and 4 additional years of Telemedicine for each monitor through Missionlive.

The Royal Navy, part of the UK Ministry of Defence (“the Authority”), intends to award a 5-year contract to Ortus Technology Limited (d/b/a Ortus Group) who are able to fulfil the requirement. The estimated value of the contract is £140,750 excluding VAT (£168,900 including VAT).

In accordance with the provisions of the Procurement Act 2023 (“PA 2023”), a Direct Award is justified under section 41 PA 23, under the following applicable grounds:

(1) Schedule 5, Paragraph 6 PA 23 which states:-

“The following conditions are met in relation to the public contract—

(a)due to an absence of competition for technical reasons, only a particular supplier can supply the goods, services or works required, and

(b)there are no reasonable alternatives to those goods, services or works.”

(2) Schedule 5, Paragraph 7 PA 23, which states:-

The public contract concerns the supply of goods, services or works by the existing supplier which are intended as an extension to, or partial replacement of, existing goods, services or works in circumstances where—

(a) a change in supplier would result in the contracting authority receiving goods, services or works that are different from, or incompatible with, the existing goods, services or works, and

(b) the difference or incompatibility would result in disproportionate technical difficulties in operation or maintenance.

These justifications apply because Ortus Technology Limited (. d/b/a Ortus Group) are the only manufacturer able to provide specialist hyperbaric rated medical equipment and maintenance that will be compatible with existing military hyperbaric systems held by the Royal Navy. If different monitors were purchased elsewhere, there would be interoperability issues across partner NATO allies involved with Submarine Escape and Rescue who also use the same monitors. A change in supplier would therefore result in the MOD receiving goods and services which are incompatible with the existing military hyperbaric systems at St Richards Hospital, Chichester and NSRS in Glasgow. This incompatibility would result in disproportionate technical difficulties in operation and maintenance with the Institute of Naval Medicine being unable to use any equipment in a hyperbaric chamber to monitor patients.

Additionally, if the MoD endorsed the use of non-hyperbaric monitors against manufacturer’s recommendations, this would result in a significant explosion risk from the use of electronic equipment in a pressurised, oxygen-rich environment and a lack of evidence that any monitoring will be accurate at increased atmospheric pressures.