Section one: Contracting authority/entity
one.1) Name and addresses
Forestry and Land Scotland
Great Glen House, Leachkin Road
Inverness
IV3 8NW
procurement@forestryandland.gov.scot
Telephone
+44 3000676000
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
https://forestryandland.gov.scot
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA30371
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Environment
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Supply of tree seedlings using tape based system
Reference number
FLS-0001-C
two.1.2) Main CPV code
- 03450000 - Tree-nursery products
two.1.3) Type of contract
Supplies
two.1.4) Short description
FLS have sponsored a CivTech Pre-Commercial Procurement project since 2019 to develop better nursery technology. One of the key technologies to be developed as part of that process was use of a tape based system.
Changes to the market mean that the provider of this technology is no longer able to access the intellectual property, and that a different supplier has exclusivity to use this technology.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £215,200
two.2) Description
two.2.2) Additional CPV code(s)
- 03450000 - Tree-nursery products
two.2.3) Place of performance
NUTS codes
- UKM62 - Inverness & Nairn and Moray, Badenoch & Strathspey
Main site or place of performance
FLS Newton Nursery
two.2.4) Description of the procurement
This contract will be for the supplier to grow 2 million young tree seedlings and to plant these at FLS’ nursery at Newton.
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated without a prior call for competition
- The works, supplies or services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
The award of this contract without prior publication meets the test of Regulation 33(1)(b) based on the supplier has has been granted exclusivity to use their background intellectual property.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract/concession
Contract No
FLS-0001-C
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
14 April 2022
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor/concessionaire
Tape4Trees Ltd
Toft Tunnel Farm, Flatters
Brothertoft. Boston
PE20 3SJ
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £215,200
Section six. Complementary information
six.3) Additional information
(SC Ref:690783)
six.4) Procedures for review
six.4.1) Review body
The Inverness Justice Centre
Longman Road
Inverness
IV1 1AH
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014 , may bring proceedings in the Sheriff Court or the Court of Session.
Court of Session
Parliament House
Parliament Square
Edinburgh
EH1 1RQ
0131 225 2595