Voluntary ex ante transparency notice
Directive 2009/81/EC
Section I: Contracting
authority
I.1) Name and addresses
Ministry of Defence
Bristol
UK
E-mail: desshipscomrcl-salmo-multiuser@mod.gov.uk
NUTS: UK
Internet address(es)
Main address: https://contracts.mod.uk/esop/guest/go/opportunity/detail?opportunityId=57017
I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local subdivisions
I.5) Main activity
Defence
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
The Supply and In-service Support of Emergency Escape Breathing Devices (EEBDs)
II.1.2) Main CPV code
98360000
II.1.3) Type of contract
Services
II.1.4) Short description
The Salvage & Marine Operations Team, part of the UK Ministry of Defence (‘MOD’), intends to negotiate a contract with Ocenco Incorporated (‘Ocenco’) to provide in-service support for Emergency Escape Breathing Devices (EEBDs), together with the purchase of additional EEBDs. It is intended that the contract will be for a period of 5 years from 1st April 2024, with three additional one-year Options to extend. The estimated value of this contract is £8,000,000 ex VAT.
EEBDs are used in the event of an escape from atmospheres that are either toxic or unable to sustain life and are a safety critical item to personnel on board ships/submarines.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
8 000 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
35111400
44611200
II.2.3) Place of performance
NUTS code:
UK
II.2.4) Description of the procurement
The Salvage & Marine Operations Team, part of the UK Ministry of Defence (‘MOD’), intends to negotiate a contract with Ocenco Incorporated (‘Ocenco’) to provide in-service support for Emergency Escape Breathing Devices (EEBDs), together with the purchase of additional EEBDs. It is intended that the contract will be for a period of 5 years from 1st April 2024, with three additional one-year Options to extend. The estimated value of this contract is £8,000,000 ex VAT.
EEBDs are used in the event of an escape from atmospheres that are either toxic or unable to sustain life and are a safety critical item to personnel on board ships/submarines.
II.2.5) Award criteria
Criteria below:
Price
II.2.11) Information about options
Options:
Yes
Description of options:
Three additional one-year Options to extend.
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 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:
In accordance with the provisions of The Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 SI No. 2020/1319, this procurement falls to be regulated under the provisions of the Public Contracts Regulations 2015 as amended (in particular by SI 2020/1319). 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 32(2)(b)(ii) of the Public Contracts Regulations 2015 (PCR) because competition is absent 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. 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 EEBD would introduce an unacceptable safety risk to personnel.
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
No
Section V: Award of contract/concession
V.2 Award of contract/concession
V.2.1) Date of conclusion of the contract/concession
19/09/2023
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
Ocenco Incorporated
Pleasant Praire
US
NUTS: US
The contractor is an SME:
Yes
V.2.4) Information on value of the concession and main financing terms (excluding VAT)
Total value of the concession/lot:
8 000 000.00
GBP
V.2.5) Information about subcontracting
The contract/concession is likely to be subcontracted
Section VI: Complementary information
VI.4) Procedures for review
VI.4.1) Review body
Ministry of Defence
Bristol
UK
VI.5) Date of dispatch of this notice
19/09/2023