Ministry of Defence

MOD Abbey Wood, Stoke Gifford

Bristol

BS34 8JH

UK

Contact person: Harvey Webbber

E-mail: Harvey.Webber100@mod.gov.uk

NUTS: UKK11

Internet address(es)

Main address: https://www.gov.uk/government/groups/defence-digital

II.1.1) Title

II.1.2) Main CPV code

50660000

II.1.3) Type of contract

Services

II.1.4) Short description

The TacSys Service Executive (SE) within Defence Digital, part of the UK Ministry of Defence (MOD), intends to place with Marlborough Communications Ltd a 12-month contract for the provision of technical support services to Invisio Headsets.

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 407 138.08  GBP

IV.1.1) Type of procedure

Negotiated procedure without publication of a contract notice

Justification for selected award procedure:

The products involved are manufactured purely for the purpose of research, experiment, study or development under the condition stated in the Directive (for supplies only)

Explanation:

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.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: No

Marlborough Communications Limited (MCL)

Perrywood Business Park, Honeycrock Lane

Redhill

RH1 5DZ

UK

NUTS: UKJ2

The contractor is an SME: No

VI.4.1) Review body

VI.4.2) Body responsible for mediation procedures