Section one: Contracting authority/entity
one.1) Name and addresses
UNITED UTILITIES WATER LIMITED
Haweswater House,Lingley Mere Business Park, Lingley Green Avenue, Great Sankey
WARRINGTON
WA53LP
Contact
Helen Cheetham
Country
United Kingdom
Region code
UKD61 - Warrington
Companies House
Companies House
Internet address(es)
Main address
https://www.unitedutilities.com/corporate
Buyer's address
https://www.unitedutilities.com/corporate
one.4) Type of the contracting authority
Other type
Utilities
one.5) Main activity
Other activity
Water
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Goods-Framework-Supply and Delivery of Life Science Consumables - Cryptosporidium Products
Reference number
PRO004621
two.1.2) Main CPV code
- 33696500 - Laboratory reagents
two.1.3) Type of contract
Supplies
two.1.4) Short description
United Utilities Laboratory Services have a commitment to provide a high quality analytical service with rapid turnaround and reporting of results.
In line with Regulatory requirements Labs have to test for certain contaminant such as Cryptosporidium etc. Cryptosporidium is a waterborne, protozoan, parasitic human pathogen that infects a wide range of vertebrates. Infection is primarily caused by ingestion of water from a contaminated source, for example drinking or recreational water.
We currently have a framework agreement in place for the purchase of life science consumables to enable sampling of water to determine if there is Cryptosporidium in the water and this is due to expire on 09.10.22.
This Framework Agreement shall supply the necessary compliant consumables to carry out the tests.
Consumables are required to be UKAS compliant and Products should be Certified Reference Material (CRM) and should be delivered with a Certificate of Analysis where applicable.
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: £710,000
two.2) Description
two.2.2) Additional CPV code(s)
- 38437000 - Laboratory pipettes and accessories
- 42122500 - Laboratory pumps and accessories
- 42931100 - Laboratory centrifuges and accessories
- 71900000 - Laboratory services
two.2.3) Place of performance
NUTS codes
- UKD - North West (England)
two.2.4) Description of the procurement
To provide compliant consumables to carry out testing for Cryptosporidium.
Over the term of this Framework we aim to purchase a number of consumables as follows:-
Crypto/Giardia analysis
• Cryptosporidium FITC stain
• Easyseed (Crypto / Giardia)
• Easyseed (Crypto only)
• Giardia FITC Stain
• Inactivated Crypto Oocysts
• Giardia FITC Stain (with evans blue)
• Mounting fluid
This is not an exhausted list.
The above products are approved by the Drinking Water Inspectorate for detection of total Coliforms and ecoli. We are accredited to ISO 17025 by UKAS to use the above products.
The key aims are as follows:-
• is to ensure products are delivered on time to the required level of quality,
• With sufficient flexibility of supply to meet both day to day operational requirements and hikes in demand in the event that the requirement for analysis increases above the normal levels.
• The supplier will require sufficient flexibility to manage potential changes of products to meet Company requirements throughout the term of the Agreement
The key requirements are:-
• Ensure a secure consistent supply of products to the required level of quality, which will cater for demand
• Accommodate both monthly large quantity deliveries and potential urgent requirements within 24 hours
• Accommodate stock holding on behalf of the company at the Suppliers premises/ suitable stockholding facility
• Accommodate pre delivery batch testing by the Company
UU are a UKAS accredited laboratory, all products used the process for analysis must be compliant with the standards specified and must be certified where applicable.
In the event that any products are changed, established methodologies relating to change including testing must be adhered to.
The samples collected are from a variety of sampling matrix aqueous and solid material.
two.2.11) Information about options
Options: No
two.2.14) Additional information
n/a
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
Type of procedure: Award of a contract without prior publication of a call for competition
This procurement falls under Regulation 50 (a) see below.
50. (1) Utilities may use the negotiated procedure without prior call for competition in the following cases-
(a) where no tenders, no suitable tenders, no requests to participate or no suitable requests to participate have been submitted in response to a procedure with a prior call for competition, provided that the initial conditions of the contract are not substantially altered;
The outcome of the market intelligence exercise UU completed demonstrated only TCS Biosciences Ltd (TCS) can supply the consumables required to the correct standards.
UU have to meet the regulatory demands of the Drinking Water Inspectorate (DWI) and Environmental Agency (EA) in respect of these consumables if we don't have an Agreement in place we incur the following risks:
• Security of Supply. If we are not be able to provide the consumables to enable analysis of water we cannot determine drinking water is safe for our customers to drink.
• Health & Safety. If we do not put this Framework in place UU will not be able to complete the Regulatory testing which could endanger clean water supply and cause harm to our customers causing health issues.
• Financial Exposure. If customers health was affected due to non-testing we may incur reputational damage and also be prosecuted for non-compliance to the legislation/Regulations.
Due Diligence:
Although the scope of goods falls under Regulation 50(a), in good faith UU voluntarily performed the following due diligence:
• Market research was conducted with the other UK Water Companies who confirmed the incumbent Supplier TCS was the only Supplier able to provide the above consumables.
• A Prior Information Notice was prepared and published to the market via Mercell UK (EU Supply) on 19.04.22 and responses were returned on 04.05.22. Only TCS responded which confirms that currently there is only 1 Supplier in the market to provide the above consumables.
In view of the above UU's conclusion is that TCS is the only provider in the market that is able to provide the consumables that we require to undertake the testing. UU have acted in good faith prior to coming to this decision based on the due diligence that has been conducted.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
Section five. Award of contract/concession
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
9 August 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
TCS Biosciences Ltd
Botolph Claydon
Buckingham
MK18 2LR
Country
United Kingdom
NUTS code
- UKD - North West (England)
Companies House
Companies House
The contractor/concessionaire is an SME
Yes
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Initial estimated total value of the contract/lot/concession: £710,000
Total value of the contract/lot/concession: £710,000
Section six. Complementary information
six.3) Additional information
Type of procedure: Award of a contract without prior publication of a call for competition
This procurement falls under Regulation 50 (a) see below.
50. (1) Utilities may use the negotiated procedure without prior call for competition in the following cases-
(a) where no tenders, no suitable tenders, no requests to participate or no suitable requests to participate have been submitted in response to a procedure with a prior call for competition, provided that the initial conditions of the contract are not substantially altered;
The outcome of the market intelligence exercise UU completed demonstrated only TCS Biosciences Ltd (TCS) can supply the consumables required to the correct standards.
UU have to meet the regulatory demands of the Drinking Water Inspectorate (DWI) and Environmental Agency (EA) in respect of these consumables if we don't have an Agreement in place we incur the following risks:
• Security of Supply. If we are not be able to provide the consumables to enable analysis of water we cannot determine drinking water is safe for our customers to drink.
• Health & Safety. If we do not put this Framework in place UU will not be able to complete the Regulatory testing which could endanger clean water supply and cause harm to our customers causing health issues.
• Financial Exposure. If customers health was affected due to non-testing we may incur reputational damage and also be prosecuted for non-compliance to the legislation/Regulations.
Due Diligence:
Although the scope of goods falls under Regulation 50(a), in good faith UU voluntarily performed the following due diligence:
• Market research was conducted with the other UK Water Companies who confirmed the incumbent Supplier TCS was the only Supplier able to provide the above consumables.
• A Prior Information Notice was prepared and published to the market via Mercell UK (EU Supply) on 19.04.22 and responses were returned on 04.05.22. Only TCS responded which confirms that currently there is only 1 Supplier in the market to provide the above consumables.
In view of the above UU's conclusion is that TCS is the only provider in the market that is able to provide the consumables that we require to undertake the testing. UU have acted in good faith prior to coming to this decision based on the due diligence that has been conducted.
six.4) Procedures for review
six.4.1) Review body
High Court of England and Wales
London
Country
United Kingdom