- Id
- 715609451
- Status
- complete
- Published risks
- The following risks could occur which could affect contract delivery or performance:
Changes in laws or regulations resulting in a need to amend the Contract timescales, costs, deliverables or scope.
Unexpected delays to delivery timescales due to either Authority, Contractor or third party actions resulting in a need to amend the Contract timescales, costs, deliverables or scope.
Unexpected changes to costs due to either Authority, Contractor or third party actions resulting in a need to amend the Contract timescales, costs, deliverables or scope.
Unexpected changes to volume of deliverables due to either Authority, Contractor or third party actions resulting in a need to amend the Contract timescales, costs, deliverables or scope.
Unexpected changes to scope of deliverables due to either Authority, Contractor or third party actions resulting in a need to amend the Contract timescales, costs, deliverables or scope.
- Procurement Method
- direct
- Procurement Method Details
- Direct award
- Why this procedure was chosen
- The Royal Navy, part of the UK Ministry of Defence, intends to award a 5 month contract with a value of £1.4million to CMS2 for the Air Purification Equipment Maintenance.
As a covered procurement, this procurement falls to be regulated under the provisions of the Procurement Act 2023.
In the circumstances, the authority may award this public contract directly in accordance with section 41 of the Procurement Act 2023. The applicable direct award justification is that set out in paragraph 5 and 6 of Schedule 5 of the Act.
This justification applies because the Air Purification contract concerns the supply of services where CMS2:
a) Are the Original Equipment Manufacturer (OEM) for the equipment installed at HMS SULTAN and asserts a claim of intellectual property rights; they are the only organisation that hold the information required to define the written scheme of examination or to conduct the maintenance, and
b) an absence of competition for technical reasons, only a particular supplier can supply the goods, services or works required
c) There are no reasonable alternatives as a result of this.
CMS2 and therefore are the only contractor able to determine the maintenance requirement (the written scheme of examination), and the maintenance specification, and are therefore the only company able to undertake for the maintenance.