University of Lincoln: Contract Award under Reg 32(5)(a) for OPTIma Data Acquisition System (DAQ's)

UK-Lincoln: Instrumentation and control equipment.

Section I: Contracting Authority

   I.1) Name, Addresses and Contact Point(s):
       University of Lincoln
       Brayford Campus, Lincoln, LN6 7TS, United Kingdom
       Tel. +44 1522886762, Email: lsimms@lincoln.ac.uk
       Contact: Laura Simms
       Main Address: https://www.lincoln.ac.uk
       NUTS Code: UKF3

   I.2) Joint procurement:
      The contract involves joint procurement: No          
      In the case of joint procurement involving different countries, state applicable national procurement law: Not Provided
      The contract is awarded by a central purchasing body: No

   I.4)Type of the contracting authority:
      Body governed by public law

   I.5) Main activity:
      Education

Section II: Object Of The Contract

   II.1) Scope of the procurement

      II.1.1) Title: Contract Award under Reg 32(5)(a) for OPTIma Data Acquisition System (DAQ's)            
      Reference number: 331

      II.1.2) Main CPV code:
         31682210 - Instrumentation and control equipment.


      II.1.3) Type of contract: SUPPLIES

      II.1.4) Short description: Design, fabrication and assembly of Data Acquisition System (DAQ) for the Optimising Proton Therapy through Imaging (OPTIma) camera system.

      II.1.6) Information about lots
         This contract is divided into lots: No
            
      II.1.7) Total value of the procurement (excluding VAT)
          Value: 677,712
                  
         Currency:EUR            

   II.2) Description

      II.2.2) Additional CPV code(s):
      Not Provided

      II.2.3) Place of performance
      Nuts code:
      UKF3 - Lincolnshire
   
      Main site or place of performance:
      Lincolnshire
             

      II.2.4) Description of the procurement: This is a contract award notice for the design and manufacture of a Data Acquisition System (DAQ's) to support the Optimising Proton Therapy through Imaging (OPTIma) Project. The DAQ's will be integrated into the OPTIma camera system which will be used in the Research Room of the NHS Proton Beam Therapy Centre at The Christie Hospital Manchester. The instrument is for research purposes only and is a single unit only. The instrument will be used to examine Proton Computed Tomography (PCT) with a scanning beam and look at the feasibility of using proton PCT for treatment planning. OPTIma builds directly on the previous PRaVDA project technology, The DAQ's in the PRaVDA project were designed and manufactured by aSpect and we are building directly on their base technology.

      II.2.5) Award criteria:
                  
      Cost criterion - Name: Price / Weighting: 100
            

      II.2.11) Information about options
         Options: No
         

      II.2.13) Information about European Union funds
         The procurement is related to a project and/or programme financed by European Union funds: No
         

      II.2.14) Additional information: Not Provided


Section IV: Procedure

IV.1) Description

   IV.1.1)Type of procedure: Award of a contract without prior publication of a call for competition in the Official Journal of the European Union in the cases listed below (please complete Annex D1)


   IV.1.3) Information about a framework agreement or a dynamic purchasing system
      The procurement involves the establishment of a framework agreement: No       
      

   IV.1.6) Information about electronic auction
      An electronic auction has been used: No

   IV.1.8) Information about the Government Procurement Agreement (GPA)
      The procurement is covered by the Government Procurement Agreement: Yes

IV.2) Administrative information

   IV.2.1) Previous publication concerning this procedure
       Not Provided
   

   IV.2.9) Information about termination of call for competition in the form of a prior information notice
      The contracting authority will not award any further contracts based on the above prior information notice: No

Section V: Award of contract

Award Of Contract (No.1)

   Contract No: Not Provided    
   Lot Number: Not Provided    
   Title: Not Provided

   A contract/lot is awarded: Yes


   V.2) Award of contract

      V.2.1) Date of conclusion of the contract: 02/08/2021

      V.2.2) Information about tenders
         Number of tenders received: 1
         Number of tenders received from SMEs: 1 (SME - as defined in Commission Recommendation 2003/361/EC)          
         Number of tenders received from tenderers from other EU Member States: 1          
         Number of tenders received from tenderers from non-EU Member States: Not Provided          
         Number of tenders received by electronic means: Not Provided

      V.2.3) Name and address of the contractor

      The contract has been awarded to a group of economic operators: No
         
         Contractor (No.1)
             Aspect Systems GmbH, HRB21641
             Eisenbahnstr. 2, 01097, Dresden, Germany
             Tel. +49 3518996755, Email: info@aspect-sys.com
             Internet address: www.aspect-sys.com
             NUTS Code: DE
            The contractor is an SME: Yes

      V.2.4) Information on value of the contract/lot (excluding VAT)
         Initial estimated total value of the contract/lot: Not Provided          
         Total value of the contract/lot: 677,712
         Currency: EUR

      V.2.5) Information about subcontracting
         The contract is likely to be subcontracted: No
         
Section VI: Complementary information

   VI.3) Additional information: To view this notice, please click here:
https://www.delta-esourcing.com/delta/viewNotice.html?noticeId=623103890

   VI.4) Procedures for review

      VI.4.1) Review body
          University of Lincoln
          Brayford Pool, Lincoln, LN6 7TS, United Kingdom
          Email: Lsimms@lincoln.ac.uk

      VI.4.3) Review procedure
         Precise information on deadline(s) for review procedures: The Public Contracts Regulations 2015 provide aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).

      VI.4.4) Service from which information about the review procedure may be obtained
         Not Provided

   VI.5) Date of dispatch of this notice: 02/09/2021




ANNEX D

   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

      No tenders or no suitable tenders/requests to participate in response to: Not Provided

      The products involved are manufactured purely for the purpose of research, experiment, study or development under the conditions stated in the directive (for supplies only): Yes       
      
      The works, supplies or services can be provided only by a particular economic operator for the following reason: No

      Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the directive: No

      Additional deliveries by the original supplier ordered under the strict conditions stated in the directive: No

      
      
      Procurement of supplies quoted and purchased on a commodity market: No

      Purchase of supplies or services on particularly advantageous terms: No


   3. Explanation
          Whilst the value of this procurement is above the PCR 2015 threshold for supplies, there are legitimate grounds for invoking regulation 32(5)(a) as the supplies being procured are specifically being manufactured for the purpose of research with no intention to establish commercial viability or recover research and development costs.

The Data Acquisition System (DAQs) being designed and manufactured will be integrated into the OPTIma camera system (OPTIma) which will be used in the Research Room of the Proton Therapy Centre at the Christie Hospital in Manchester. The instrument is for research purposes only and is a single unit only. OPTIma builds directly on previous PRaVDA project technology. It would not be possible for another manufacturer to compete in this situation. The DAQs in the PRaVDA project were designed and manufactured by Aspect GmbH and we are building directly on their base technology.

Given the unique nature of this purchase and the background of pre-established highly specialist technology, it would be impossible to run a competitive procurement. The use of Regulation 32(5)(a) is a suitable route to the University for this purchase and the award adheres to the Public Contracts Regulations 2015 as a legally compliant route.