712379452 The Provision of a Construction Design and Management (CDM) Support Manager Services within the MIP Team

Tender description

Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive: (500 words maximum). The Naval Base Command Devonport Team, part of the Ministry of Defence, intends to Direct Award a contract to NESC Ltd for the ‘Provision of a Construction Design and Management (CDM) Support Service’. The contract shall be for a limited period between 02 September 2024-30 May 2025, without contract options, with an estimated value of £105,000.00 Ex VAT. This requirement is below the financial threshold for Supplies and Services (£429,809 inc VAT). Therefore, this contract falls to be outside of the provisions of the Defence and Security Public Contracts Regulations 2011 as amended. Prior publication of a contract notice in the Official Journal of the European Union is no longer appropriate. The time limited requirement for Construction Design and Management (CDM) support is to fill the current skills gap within the Devonport Safety Group (DSG) resource profile. Support shall be provided under defined tasks and will provide the necessary level of CDM assurance. There is a strict and disproportionate impracticality for any other suppliers to support the requirement, with the NESC Ltd organisation having historically fulfilled the CDM role on behalf of DSG and retaining exclusive resource; this specialist resource has extensive HMNB Devonport and CDM regulatory knowledge, including established relationships within the CDM regulatory field and with Naval Base stakeholders. A contract with NESC Ltd would ensure the ongoing assurance of CDM within the Naval Base context and reduce the risk of non-compliance which cannot be operationally tolerated. This contract is below the threshold for DSPCR 2011. This Notice has been published for the purposes of transparency.