The Provision of In-Service Support for INVISIO headsets

CPV: Maintenance and repair services · Repair and maintenance services of military electronic systems

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

2 Jun 2023, 17:09 BST

Last source update

22 Aug 2023, 11:30 BST

Authority reference

708083450

FTS notice number

2023/S 000-024598

Classification (CPV)

Maintenance and repair servicesRepair and maintenance services of military electronic systems

Delivery area

South East (UKJ2)South West (UKK11)

Official registry OCID

ocds-h6vhtk-03d380 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 works, supplies or services can be provided only by a particular economic operator due to absence of competition for technical reasons

Published justification

A Single Source contract with Marlborough Communications Ltd (MCL) for the Invisio Headset is justified

as competition is absent for the following reasons:

Design Support: INVISIO© A/S Denmark who own the Intellectual Property Rights of the INVISIO Headset

system have appointed MCL as their UK partner and are not prepared to licence other suppliers to

support or supply the equipment.

Repair: Due to the complexity of the equipment, MCL as the Co-ordinating designer, are the only

contractor with the technical ability to undertake repair, maintenance and overhaul activities as they are

the only company that supply this equipment. Any other contractor would require a licence from

INVISIO®A/S to obtain the drawings and list of spare parts required to undertake design and

manufacture activities which is unlikely to be approved by INVISIO due to the presence of MCL with

whom they have an agreement.

Safety: To compete this requirement would introduce the possibility of contravention of the CNAWR and

the Defence Safety Authority (DSA) regulations as it would not be possible to ensure that another

contractor would be sufficiently qualified, within the requisite timeframes, to undertake design and

manufacture activities without including an associated unacceptable level of risk. This would result in

the Authority not being able to fulfil CNAWR safety requirements which must be fulfilled to ensure the

safe functioning of the forces. To comply with the CNAWR the principles of As Low As Reasonably

Practicable (ALARP) must be adhered to. Reasonably practicable involves weighing a risk against the

trouble, time and money needed to control it. Thus, ALARP describes the level to which the Authority

expect to see workplace risks controlled. d. The Law requires that Safety and Risk to Life are managed

to an ALARP status. This requires evidence of speed of response and that the costs are not

disproportionate to the benefit achieved. To compete this requirement would introduce the possibility

of contravention of the CNAWR and the DSA regulations as it would not be possible to ensure that

another contractor could be sufficiently qualified within the requisite timeframes to undertake design

and manufacture activities without including an associated unacceptable level of risk. This would result

in the Authority not being able to fulfil CNAWR safety requirements which must be fulfilled to ensure

the safe functioning of the forces

• Marlborough Communications Limited (MCL)Awarded supplier Perrywood Business Park, Honeycrock Lane, Redhill, South East, RH1 5DZ

No document links were published on the notice.