707614450 - In Service Support of Extended Duration Breathing Apparatus

2. Title

707614450 - In Service Support of Extended Duration Breathing Apparatus

3. I.1

Laura.Nowell101@mod.gov.uk desshipscomrcl-salmo-multiuser@mod.gov.uk

4. I.4 Type of the contracting authority

Ministry or any other national or federal authority

5. II.1.5

6. IV Type of procedure

Negotiated Award of a contract without prior publication of a call for competition 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.

7. IV.3.2

Link to previous publication (VTN) - 2024/S 000-020349

8. IV

Negotiated with without publication of a contract notice 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.

9. II.1.5