Section one: Contracting authority
one.1) Name and addresses
Derbyshire County Council
County Hall
Matlock
DE4 3AG
Contact
Miss Caroline May
caroline.may@derbyshire.gov.uk
Telephone
+44 1629536805
Country
United Kingdom
Region code
UKF1 - Derbyshire and Nottinghamshire
Internet address(es)
Main address
Buyer's address
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
CPH094 - Supply of Nicotine Replacement Therapy
Reference number
DN628817
two.1.2) Main CPV code
- 33000000 - Medical equipments, pharmaceuticals and personal care products
two.1.3) Type of contract
Supplies
two.1.4) Short description
Contract for an accredited wholesale distributor to provide a range of licensed Nicotine Replacement Therapy (NRT) products for use by the Live Life Better Derbyshire (LLBD) Stop Smoking Service.
The LLBD Stop Smoking Service offers a 12-week programme to smokers and a regular supply of NRT is a key element to a successful quit programme.
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: £5,000,000
two.2) Description
two.2.2) Additional CPV code(s)
- 85000000 - Health and social work services
two.2.3) Place of performance
NUTS codes
- UKF1 - Derbyshire and Nottinghamshire
Main site or place of performance
Within the geographical area of Derbyshire
two.2.4) Description of the procurement
Contract for an accredited wholesale distributor to provide a range of licensed Nicotine Replacement Therapy (NRT) products for use by the Live Life Better Derbyshire (LLBD) Stop Smoking Service.
The LLBD Stop Smoking Service offers a 12-week programme to smokers and a regular supply of NRT is a key element to a successful quit programme.
two.2.5) Award criteria
Quality criterion - Name: Quality / Technical / Weighting: 20
Price - Weighting: 80
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
Award of a contract without prior publication of a call for competition in the cases listed below
- No tenders or no suitable tenders/requests to participate in response to open procedure
- The services can be provided only by a particular economic operator for the following reason:
- absence of competition for technical reasons
Explanation:
An open tender was originally published 18/02/2022 with a closing date of 24/03/2022. The tender was not awarded due to no suitable and compliant bids received.
The requirement is for a direct supply model with an accredited wholesaler provider to achieve best value.
A non-wholesaler delivery model is available however, it does not meet the Council’s requirements and does not achieve best value.
Use of the negotiated procedure without prior publication Reg 32. contracting authorities may award public contracts by a negotiated procedure without prior publication.
Under the grounds of:
(a)no suitable tenders were submitted in response to the open procedure, the initial conditions of the contract are not substantially altered;
(ii)competition is absent for technical reasons (wholesale licence).
See Source Derbyshire for specification and contract: http://www.sourcederbyshire.co.uk/
search under CPH094.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2022/S 000-004597
Section five. Award of contract
Contract No
CPH094
Title
CPH094 - Supply of Nicotine Replacement Therapy
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
8 September 2022
five.2.2) Information about tenders
Number of tenders received: 2
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 0
Number of tenders received by electronic means: 0
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Sigma Pharmaceuticals Plc
P.O.Box 233, 1 Colonial Way
North Watford
WD24 4YR
Telephone
+44 01923444999
Country
United Kingdom
NUTS code
- UKF1 - Derbyshire and Nottinghamshire
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Initial estimated total value of the contract/lot: £5,000,000
Total value of the contract/lot: £5,000,000
Section six. Complementary information
six.4) Procedures for review
six.4.1) Review body
High Court (Technology and Construction Court)
Royal Court of Justice
London
Telephone
+44 02079477156
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Derbyshire County Council will incorporate a minimum 10 calendar days (or 15 if non electronic or fax methods used) standstill period at the point information on the award of the contract is communicated to the relevant economic operators. Debriefing by the Council shall be in accordance with the Public Contracts Regulation 2015 (as amended) (the Regulations). Such information should be requested from the addressee in Section 1.1. If an appeal regarding the award of the contract has not been successfully resolved the Regulations provide for the aggrieved parties who are of the opinion that they have been harmed or are at risk of harm by a breach of the Regulations, to take action in the High Court (England, Wales and Northern Ireland). Any such action must be brought as soon as possible.
six.4.4) Service from which information about the review procedure may be obtained
Derbyshire County Council
County Hall
Matlock
DE4 3AG
Country
United Kingdom