United Kingdom-Bristol: Breathing apparatus

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2017/S 163-336107/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Regulation of procurement: EU
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies
Directive 2014/24/EU

Directive 2014/24/EU

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Ships, Maritime Combat Systems (MCS) Team
Postal address: Birch 1A, #3133, Abbeywood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Contact Person: Bronwen Harris
Telephone: +44 3067988886
Email: bronwen.harris107@mod.gov.uk
Nuts code: UK
Internet address(es):
Main address:

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: In service support service for Emergency Escape Breathing Device.

Reference number: MCS/2020
II.1.2) Main CPV code: 44611200
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The Underwater and Electronic Warfare Project Team, part of the UK Ministry of Defence (‘MOD’), intends to negotiate a Contract to Ocenco Incorporated (‘Ocenco’) to provide in-service support for Emergency Escape Breathing Devices (EEBDs), for a period of 5 years from 1.2.2018 with an option to extend for a further 5 years. The estimated value of this contract is 8 100 000 GBP excluding VAT.
EEBD are used for Self-Rescue from an atmosphere that will not support life (smoke, toxic fumes, low oxygen levels etc.) on board HM Ships, Submarines and RFA Vessels.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:8129000.00
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UK Main site or place of performance:United Kingdom.

II.2.4) Description of the procurement
The Underwater and Electronic Warfare Project Team, part of the UK Ministry of Defence (‘MOD’), intends to negotiate a Contract to Ocenco Incorporated (‘Ocenco’) to provide in-service support for Emergency Escape Breathing Devices (EEBDs), for a period of 5 years from 1.2.2018 with an option to extend for a further 5 years. The estimated value of this contract is 8 100 000 GBP excluding VAT.
EEBD are used for Self-Rescue from an atmosphere that will not support life (smoke, toxic fumes, low oxygen levels etc.) on board HM Ships, Submarines and RFA Vessels.

II.2.5) Award criteria
II.2.11) Information about options
Options:yes
Description of options:
An option to extend for a further 5 years from 1.2.2023.

II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without prior publication(in accordance with Article 32 of Directive 2014/24/EU)
IV.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information

Section V: Award of contract/concession
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2017-08-08
V.2.2) Information about tenders
The contract has been awarded to a group of economic operators: no
V.2.3) Name and address of the contractor
Official name: Ocenco Incorporated
Postal address: LakeView Corporate Park, 10225 82nd Avenue
Town: Pleasant Prairie
Postal code: WI 53158-5801
Country: United States
Telephone: +1 2629479000
Nuts code: 00
Internet address:
The contractor is an SME: yes

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
Initial estimated total value of the contract/lot/concession: 8129000.00
Total value of the contract/lot/concession:8129000.00
Currency:GBP
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary information
VI.3) Additional information:
The Authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the Authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU: This contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-2017824-DCB-10892003.
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Ships, Maritime Combat Systems (MCS) Team
Postal address: Birch 1A, #3133, Abbeywood
Town: Bristol
Postal code: BS34 8JH
Country: United Kingdom
Telephone: +44 3067988886
E-mail: bronwen.harris107@mod.gov.uk
Internet address:

VI.5) Date of dispatch of this notice:
2017-08-24

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without prior publication of a call for competition in accordance with Article
32 of Directive 2014/24/EU
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
Provision of an in service support service for Emergency Escape Breathing Device
The Underwater and Electronic Warfare Project Team, part of the UK Ministry of Defence (‘MOD’), intends to negotiate a Contract to Ocenco Incorporated (‘Ocenco’) to provide in-service support for Emergency Escape Breathing Devices (EEBDs), for a period of 5 years from 1.2.2018 with an option to extend for a further 5 years. The estimated value of this contract is 8 100 000 GBP excluding VAT.
It is considered that this Contract can be awarded using the Negotiated Procedure Without Prior Publication of a Contract Notice pursuant to Article 32(2)(b)(ii) of Directive 2014/24/EU of the European Parliament and of the Council (Regulation 32 (2)(b)(ii) of the UK Public Contracts Regulations 2015) for technical reasons.
This is because Ocenco is the sole manufacturer of the M-20.2, M-20.2XT and M-20.2T EEBDs which are currently in service with the MOD. Ocenco is the only company with the in-depth technical know-how and expertise to fulfil the requirement.
Ocenco, as the original equipment manufacturer, is the only company with the ability to provide the legislative safety certification to re-certify or recycle the EEBDs which is required for MOD to comply with statutory legislation (Solas Regulation ii-2/13.3.4, ii-2/13.4.3, IMO Resolution MCS.98(73) Chapter 3.2.2 (FSS Code), IMO Resolution MCS/Circ.849, EN 13794 (2002) and ISO 23269-1 (2008)).
The EEBDs provided by Ocenco are a safety critical item to personnel on board ships/submarines. Personnel are trained to use only one variant of EEBDs in the event of an escape from atmospheres that are either toxic or unable to sustain life. Introducing another type of EEBD would introduce an unacceptable safety risk to personnel and so it is therefore technically impracticable for any other company apart from Ocenco to fulfil this requirement.