In Service Support of Extended Duration Breathing Apparatus

CPV: Repair and maintenance services of security and defence materials

Procedure method

Negotiated without publication of a contract notice

Legal basis

CELEX · 32009L0081 Defence and Security Public Contracts Regulations 2011 (Directive 2009/81/EC)

Procurement category

Services

Notice status

Awarded

Procurement threshold

Unspecified in notice

Regulatory regime

Standard

Commercial structure

Stand-alone contract (no framework)

Competition type

Competitive procedure

GPA / WTO covered

Unspecified in notice

Recurring procurement

Unspecified in notice

First published

3 Jul 2024, 16:49 BST

Last source update

9 Jul 2024, 11:27 BST

FTS notice number

2024/S 000-020880

Classification (CPV)

Repair and maintenance services of security and defence materials

Delivery area

UK

Official registry OCID

ocds-h6vhtk-047a5f Find a Tender

Why no open competition

No tenders or no suitable tenders/requests to participate in response to negotiated procedure with prior publication of a contract notice; The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive

Published justification

In accordance with the provisions of Regulation 4 of the Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019 (SI 2019/697), this procurement falls to be regulated under the provisions of the Defence and Security Public Contracts Regulations 2011 as amended (in particular by SI 2019/697 and SI 2020/1450) . Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. It is considered that the award of this contract without prior publication of a Contract Notice in the UK e-notification service (in accordance with the relevant legislation) is lawful in accordance with Regulation 16 (1)(a)(ii) of the Defence and Security Public Contract Regulations 2011 because competition is absent for technical reasons and Regulation 16 (1) (b) (i) (bb) relating to disproportionate technical difficulties in the operation of the existing equipment.

This is because Scott Health and Safety Ltd is the original equipment manufacturer (OEM) for the EDBA set (Scott Safety ProPak). As the OEM and Design Authority (DA), Scott Health & Safety Ltd is the only economic operator that has access to the design documentation, specifications and test reports and Scott Health & Safety Ltd owns all proprietary information and documentation, including the special tooling and machinery (which manufactures the bespoke EDBA Set and Spares), that is essential in fulfilling the requirement. The Authority does not have any proprietary rights in, nor does it have access to, the design documentation, specifications, test reports or specialist tooling and machinery and is therefore unable to pass this information on to any third party.

EDBAs are a safety critical item. Personnel are trained to use only one variant of EDBAs; using different equipment would result in disproportionate technical difficulties in operation by Royal Navy (RN) personnel and incompatibility with existing RN equipment. Introducing another type of EDBA would introduce an unacceptable safety risk to personnel.

• Scott Health and Safety LtdAwarded supplier Skelmersdale, UK

No document links were published on the notice.