PCD 1182 Supply of Pyrotechnic / Distraction Devices

PCD 1182 Supply of Pyrotechnic / Distraction Devices 

This decision seeks approval for the award of three contracts procured via the negotiated procedure without competition for the supply of distraction/pyrotechnic devices.  Due to the nature of the equipment they cannot be supplied by other providers and alternatives either do not exist or there is an operational requirement which means alternatives cannot be used. The total multi-year value of the proposed contracts is £1,300,014 and this is funded from within existing MPS budgets. 

The Deputy Mayor for Policing and Crime is recommended to award a contract to:   

1. Supplier One via the negotiated procedure for operational equipment. The initial term of the contract is 36 months with options of two 12-month extension. Estimated Total upper Contract Value (for the full 5 years) is £1,080,000 (£216,600pa) and will be funded from existing MPS/CT grant budget streams.  

2. Supplier Two via the negotiated procedure for operational equipment. The term of the contract is 36 months only. Estimated Total upper Contract Value is £115,014 (£38,338pa) and will be funded from existing MPS/CT grant budget streams. 

3. Supplier Three via the negotiated procedure for operational equipment. The term of the contract is 36 months only. Estimated Total upper Contract Value is £105,000 (£35,000pa) and will be funded from existing MPS/CT grant budget streams. 

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background  

1. Long term contracts for the provision of these devices is necessary to ensure a secure supply to match training and operational requirements. 

2. Issues for consideration 

1. The distraction devices (detail is contained in the restricted section of this report) are a fundamental tool used for the firearms units of Armed Response Vehicles (ARV) and Counter Terror Specialist Firearms Officer (CTSFO). These teams rely upon this capability operationally and are required to be trained upon their use to ensure their safe and effective deployment. 

2. Providing critical non-lethal operational tactics, these devices assist in various high-risk scenarios including serious crime and terrorist threats. The training of officers in the proper use of these devices will ultimately create a safer London. 

3. The arrangement to purchase these devices for the next 3 years will afford the MPS the time to re-test the market with the intention of creating diversity of supply and the ability to run an open competition. 

3. Financial Comments  

1. The total estimated cost of the three proposed contract awards is £1,300,014 over multiple years.  These costs will be met from within the existing MPS budgets.  

4. Legal Comments 

1. The Mayor’s Office for Policing and Crime (MOPAC) is a contracting authority as defined in the Public Contract Regulations 2015 (the Regulations). All awards of public contracts for goods and/or services valued at £189,330 or above shall be procured in accordance with the Regulations. This report confirms the value of the proposed contract exceeds this threshold.  Accordingly, the Regulations are engaged. 

2. Regulation 32 permits MOPAC to use the Negotiated procedure without prior publication of an OJEU notice in a limited number of circumstances.   

3. Recommendation 1 - for Pyrotechnics/Distraction Devices.  

• Regulation 32(2)(b)(ii) provides the negotiated procedure without prior publication of an OJEU notice may be used for public supply contracts where the supplies can be supplied only by a particular economic operator where competition is absent for technical reasons,  

• Regulation 32(2)(b)(iii) provides the negotiated procedure without prior publication of an OJEU notice may be used on the grounds of the protection of exclusive rights. 

• Both exemptions only apply where no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement. 

4. The MPS assure that these devices are currently the only devices approved for use and is exclusive to a particular reseller. Whilst other devices exist in the market they could not be used because they are not approved for use. On these bases, recommendation 1 can be lawfully approved as either exemption would apply. 

5. Recommendation 2 and 3 - Pyrotechnics/Distraction Devices. 

6. Regulation 32(5)(b) provides the negotiated procedure without prior publication may be used for public supply contracts for additional deliveries by the original supplier which are intended either as a partial replacement of supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority to acquire supplies having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance. 

7. In the case of Regulation 32(5)(b), the duration of the contract, as well as that of recurrent contracts, shall not, save in exceptional circumstances, exceed 3 years. 

8. The MPS assure that the cost and impact of procuring alternative items in respect of potential write-offs and retraining currently limit the MPS options within this area. The contract duration is for 3 years. On this basis, recommendations 2 and 3 can be lawfully approved as the exemption would apply. 

9. Paragraph 4.13 of the Scheme provides the Deputy Mayor for Policing and Crime has delegated authority to approve all contract exemptions valued at £100,000 or above 

5. Commercial Issues  

1. The Supplier for recommendation one (this information is contained in the restricted section of the report) is the sole UK/EU reseller of the devices purchased from them. This is due to exclusive arrangements with the manufacturer, which is common practice for this firearms industry.   

2. The devices used (this information is contained in the restricted section of the report) are currently the only devices approved for use. These products are aligned nationally to both other police forces and military for interoperability. There would be significant cost and time implications associated with any change to the devices supplied. This would impact on training delivery and the operational capability of the MPS as all Officer’s would require training on any new devices. A change could not be made independent of the National Teams, Forces or Military and would need to go through Defence Science and Technology Laboratory (DSTL) and Scientific Advisory Committee on the Medical Implications of Less-lethal Weapons (SACMILL). It is therefore anticipated that a longer term contract is required due to the complex nature of the capability and the wider reaching impact. 

3. The devices currently supplied by the suppliers for recommendations two and three (this information is contained in the restricted section of the report) are tested and approved for use. MO19 can only safely use the existing known brands that have been tried and tested and safe for use within the parameters of our training facilities. Any change to training devices would require significant testing and for all MPS Firearms Instructors to undergo additional training (and update all associated training packs and recording systems). With increased training demands, this would be a significant additional cost and disruption to current training plans. 

4.  Due to the limitations of the marketplace and the inability to buy alternative products it is hard for the procurement or contract to directly support London Anchor Institutions Charter.  However the MPS is working more generally with the Suppliers to understand how their organisation can assist the MPS in supporting recovery in London and narrowing the social and economic inequalities in the capital. 

5. The storage and use of Distraction Devices is closely controlled and the disposal of the devices considers the MPS Environment Policy as well as the disposal of hazardous waste. The Suppliers comply with ULEZ (Ultra Low Emission Zone), operate recycling options for packaging and are also accredited or actively seeking accreditation for ISO14001. This will assist in delivering environmental benefits for London and Londoners 

6. GDPR and Data Privacy  

1. MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.   

2. The MPS assure that project does not use personally identifiable data of members of the public, so there are no GDPR issues to be considered  

7. Equality Comments    

8. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 

9. The MPOS assure that an Equality Impact Assessment (EIA) is in place in respect of distraction devices in order to mitigate, where possible, negative impact to groups or individuals with protected characteristics. 

8. Background/supporting papers 

• Appendix 1 MPS Report - Supply of Pyrotechnic / Distraction Devices