Road Traffic Alcohol Support Single Tender Actions

This paper recommends approval to award two contracts for via a single tender action for Breathalyser Equipment support and maintenance.

The proposed term for both contracts is 1 year with a two 1-year extension options. Total combined value is estimated to be £515k.

MPS has a statutory requirement to enforce drink drive legislation. There is a continuing need to provide a service contract to maintain and repair the Electronic Screening Devices (ESD) and Evidential breath machines (EBM) and provide gas cylinders across the MPS estate to enable local calibration, and to provide training provision to the MPS.

The Deputy Mayor for Policing and Crime is recommended to:

1. Approval to award a contract via Single Tender Action for the support and maintenance of Electronic Screening Devices (ESD) to Lion Laboratories Ltd for total estimated value of £175k for 3 years which will be funded from Forensic supplies and services revenue budget.

2. Approval to award a contract via Single Tender Action for the support and maintenance of Evidential breath machines (EBM) to Intoximeters for total estimated value of £340k for 3 years which will be funded from Forensics supplies and services revenue budget.

The proposed contract term for both contracts is 1 year with a two 1-year extension options.

3. Approval to commence contract action via Competitive Procurement process for upgrading of Electronic Screening Devices (ESD) and Evidential breath machines (EBM) once the market develops.

1. Introduction and background

1.1. There is a continuing need to provide a service contract to maintain and repair the Electronic Screening Devices (ESD) and Evidential breath machines (EBM) and provide gas cylinders across the MPS estate to enable local calibration, and to provide training provision to the MPS. The MPS has a statutory requirement to enforce drink drive legislation. After arrest the motorist must be taken to a police station where an evidential breath test can be performed, using an Evidential Breath Machine (EBM). It is the result of the EBM test that determines whether or not the motorist has exceeded the specified alcohol limit in breath. This determines if the motorist is charged or not.

2. Issues for consideration

2.1. Continued service and support are required to keep the two different types of breathalyser equipment calibrated and in working order and to ensure suitable evidence and audit details can be obtained. There is also a continued need for Lion Laboratories to deliver training courses for new Police Officers.

3. Financial Comments

3.1. The estimated value of the contract is £515k, which will be funded from Forensics supplies and services revenue budget.

4. Legal Comments

4.1. A defined in the Public Contracts Regulations 2015 (the Regulations). All awards of public contracts for goods and/or services valued at £181,302 or above will be procured in accordance with the Regulations.

4.2. Regulation 32 provides for limited grounds where MOPAC may negotiate a contract with a sole supplier without advertising the opportunity in the Official Journal of the European Union. Specifically, 32(2)(b) provides it is permitted where the goods and/or services can only be provided by that supplier due to competition being absent for technical reasons, where no reasonable alternative exists, and the absence of such competition is not the result of an artificial narrowing down of the competition by the MOPAC.

4.3. This report confirms that the support and maintenance of the devices can only be provided by the specific economic operators referred to and that no reasonable alternative products exist.

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

5. Commercial Issues

5.1. The negotiated procedure without advertising (single tender action) will be used for this procurement in accordance with public contract regulation 32 2b (ii) as the support and maintenance of the devices can only be provided by the specific economic operators and therefore competition is absent due to technical reasons.

5.2. This is the only commercially viable option given the incumbents are the only providers that have the necessary scope of accreditation by UKAS to service repair & calibrate their Home Office Type approved evidential breath testing instruments.

6. GDPR and Data Privacy

6.1. The proposal to purchase the equipment does not use personally identifiable data therefore there are no GDPR issues to be considered.

7. Equality Comments

7.1. There are no equality or diversity implications arising from this report.

8. Background/supporting papers

8.1. MPS report